[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44305-44307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18817]


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DEPARTMENT OF LABOR

Employment and Training Administration


Comment Request for Information Collection for Form ETA-9142-B-
CAA-2

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: 60-Day Notice. Comment Request for Information Collection for 
Form ETA-9142-B-CAA-2, Attestation for Employers Seeking to Employ H-2B 
Nonimmigrant Workers Under Section 205 of Division M of the 
Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23, 
2018) (OMB Control Number 1205-0531), Revision of Currently Approved 
Collection.

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SUMMARY: The Department of Labor (DOL or Department), as part of its 
effort to streamline information collection, clarify statutory and 
regulatory requirements, and provide greater transparency and oversight 
in the H-2B nonimmigrant visa application processes, conducts a 
preclearance consultation program to provide the public and Federal 
agencies with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA). This program helps ensure that

[[Page 44306]]

requested data can be provided in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the impact of collection requirements on 
respondents can be properly assessed.
    Currently, ETA is soliciting comments concerning the revision of 
the Office of Management and Budget (OMB) Control Number 1205-0531, 
containing Form ETA-9142-B-CAA-2, Attestation for Employers Seeking to 
Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the 
Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23, 
2018), which expires November 30, 2018. A copy of the proposed 
information collection request can be obtained by contacting the office 
listed below in the ``Addresses'' section of this notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before October 29, 2018.

ADDRESSES: Written comments may be submitted by the following methods:
    <bullet> Email (encouraged): <a href="/cdn-cgi/l/email-protection#4b0e1f0a65040d0708650d243926380b2f2427652c243d"><span class="__cf_email__" data-cfemail="1e5b4a5f305158525d3058716c736d5e7a717230797168">[email protected]</span></a>.
    <bullet> Mail: William W. Thompson II, Administrator, Office of 
Foreign Labor Certification, Box PPII 12-200, Employment and Training 
Administration, U.S. Department of Labor, 200 Constitution Avenue NW, 
Washington, DC 20210.
    <bullet> Fax: 202-513-7395.
    Instructions: Comments which are related to specific forms should 
identify that form or form instruction using the form number, e.g., 
Form 9142-B- CAA-2, and should identify the particular requirement to 
which the comment relates. A copy of the proposed information 
collection request (ICR) can be obtained by contacting the Office of 
Foreign Labor Certification as listed above. For this information 
collection, the Department is solely seeking comments in connection 
with the record keeping requirement and the associated burden. The 
Department does not does not seek comment on the Form 9142-B-CAA-2 
itself because the form is no longer in use.

FOR FURTHER INFORMATION CONTACT: William W. Thompson II, Administrator, 
Office of Foreign Labor Certification, 202-513-7350 (this is not a 
toll-free number), or for individuals with hearing or speech 
impairments, 1-877-889-5627 (this is the TTY toll-free Federal 
Information Relay Service number), Box PPII 12-200, Employment and 
Training Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

I. Background

    The H-2B visa program enables employers to bring nonimmigrant 
foreign workers to the U.S. to perform nonagricultural work of a 
temporary or seasonal nature as defined in 8 U.S.C. 
1101(a)(15)(H)(ii)(b). For purposes of the H-2B program, the 
Immigration and Nationality Act and governing federal regulations 
require the Secretary of Labor to certify, among other things, that any 
foreign worker seeking to enter the United States on a temporary basis 
for the purpose of performing non-agricultural services or labor will 
not, by doing so, adversely affect wages and working conditions of U.S. 
workers who are similarly employed. In addition, the Secretary of Labor 
must certify that qualified U.S. workers are not available to perform 
such temporary labor or services.
    Section 205 of Division M of the Consolidated Appropriations Act, 
2018 (2018 Act), authorized the Secretary of the Department Homeland 
Security (DHS), in consultation with the Secretary of Labor, to 
increase the number of H-2B visas available to U.S. employers in Fiscal 
Year (FY) 2018, notwithstanding the otherwise established statutory 
numerical limitation. In consultation with the Secretary of Labor, the 
Secretary of Homeland Security increased the H-2B cap for FY 2018 by up 
to 15,000 additional visas for American businesses that were likely to 
suffer irreparable harm (that is, permanent and severe financial loss) 
without the ability to employ all of the H-2B workers requested on 
their petition before the end of FY 2018. As set forth in the Temporary 
Rule: Exercise of Time-Limited Authority to Increase the Fiscal Year 
2018 Numerical Limitation for the H-2B Temporary Nonagricultural Worker 
Program, 83 FR 24905 (May 31, 2018), which implemented the 2018 Act, 
employers seeking authorization to employ workers under this time-
limited authority were required to complete and submit Form ETA-9142-B-
CAA-2, Attestation for Employers Seeking to Employ H-2B Nonimmigrant 
Workers Under Section 205 of Division M of the Consolidated 
Appropriations Act, 2018, Public Law 115-141 (March 23, 2018).
    This collection of information is required by the regulations that 
went into effect on May 31, 2018. Initial clearance for this 
information collection was sought using PRA emergency procedures 
outlined in regulations at 5 CFR 1320.13. The exigency created by the 
2018 Act and the short period of time remaining in the fiscal year for 
U.S. employers to receive additional visas as authorized under the 2018 
Act required initial clearance using expedited processes. As a result, 
the Department now seeks public comment to revise this information 
collection, through the notice and comment process, in compliance with 
PRA laws and regulations.
    Because the expanded visa cap under the 2018 Act has been met, 
employers are no longer permitted to submit Form ETA-9142-B-CAA-2. 
However, employers must continue to retain the form and required 
supporting documentation for three (3) years from the date of 
certification for each H-2B application for which an employer submitted 
Form ETA-9142-B-CAA-2 to DHS. As a result, the Department seeks public 
comment to revise the information collection as a result of continued 
record retention requirements now that Form ETA-9142-B-CAA-2 is no 
longer in use. The Department proposes to eliminate the burden 
associated with the preparation and submission of the form, including 
the requirements of assessing irreparable harm and conducting 
additional requirement, because the form is no longer required or 
accepted in connection with petitions for H-2B workers.

II. Review Focus

    DOL is particularly interested in comments that:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; and also the agency's 
estimates associated with the annual burden cost incurred by 
respondents and the government cost associated with this collection of 
information;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.
    For complete details regarding the proposed revisions to this ICR, 
contact

[[Page 44307]]

the office listed in the FOR FURTHER INFORMATION CONTACT section above.

III. Current Actions

    This revision request will allow ETA to meet its statutory 
responsibilities under the 2018 Act related to the H-2B nonimmigrant 
temporary non-agricultural employment-based visa program.
    This information collection is subject to the PRA. A federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by OMB under the PRA and displays a 
currently valid OMB control number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid control number. See 5 CFR 1320.5(a) and 
1320.6. The Department obtains OMB approval for this information 
collection under control number 1205-0531.
    Title of the Collection: Attestation for Employers Seeking to 
Employ H-2B Nonimmigrant Workers Under Section 205 of Division M of the 
Consolidated Appropriations Act, 2018 Public Law 115-141 (March 23, 
2018).
    Type of Review: Revision of a Currently Approved Information 
Collection.
    Form: Form ETA-9142-B-CAA-2.
    OMB Number: 1205-0531.
    Affected Public: Private Sector (businesses or other for-profits 
and not-for-profit institutions) and State, Local, and Tribal 
Governments.
    Total Estimated Annual Respondents: 5,177.
    Annual Frequency: On occasion.
    Total Estimated Annual Responses: 5,177.
    Total Estimated Average Time per Response: 1 hours.
    Total Estimated Annual Burden Hours: 5,177 hours.
    Total Estimated Annual Cost for Respondents: $0.
    Comments submitted in response to this comment request will be 
summarized and/or included in the request for OMB approval of the ICR; 
they will also become a matter of public record. Commenters are 
encouraged not to submit sensitive information (e.g., confidential 
business information or personally identifiable information such as a 
social security number).

Rosemary Lahasky,
Deputy Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2018-18817 Filed 8-29-18; 8:45 am]
 BILLING CODE 4510-FP-P


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