[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Notices]
[Pages 45469-45471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19459]


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DEPARTMENT OF LABOR

Employment and Training Administration


Agency Information Collection Activities; Proposed Revision of a 
Currently Approved Collection; Request for Comments; H-2B Temporary 
Non-Agricultural Labor Certification Program Forms (OMB Control Number 
1205-0509)

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

ACTION: Notice and Request for Comment.

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SUMMARY: The Department of Labor (DOL), as part of its effort to 
streamline information collection, clarify statutory and regulatory 
requirements, and provide greater transparency and oversight of the H-
2B labor certification program, 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. This program helps 
ensure that 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. In 
accordance with the Paperwork Reduction Act (PRA), ETA, within DOL, is 
providing the public notice and opportunity to comment on proposed 
revisions to the H-2B Foreign Labor Certification Program information 
collection.
    The information collection for each existing form was approved on 
December 31, 2015 and expires December 31, 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 November 6, 2018.

ADDRESSES: Written comments may be submitted by the following methods:
    <bullet> Email (encouraged): <a href="/cdn-cgi/l/email-protection#1a5f4e5b34555c5659345c756877695a7e7576347d756c"><span class="__cf_email__" data-cfemail="f3b6a7b2ddbcb5bfb0ddb59c819e80b3979c9fdd949c85">[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 ETA-9142B or Form ETA-9165, etc., and should identify the 
particular area of the form for comment. A copy of the proposed 
information collection request (ICR) can be obtained by contacting the 
Office of Foreign Labor Certification as listed above.

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 information collection is required by Sections 
101(a)(15)(H)(ii)(b) and 214(c) of the Immigration and Nationality Act 
(INA) (8 U.S.C. 1011(a)(15)(H)(ii)(b) and 1184(c)), as well as 8 CFR 
214.2(h)(6), 20 CFR 655, Subpart A, and 29 CFR 503. The H-2B program 
enables employers to bring nonimmigrant foreign workers to the United 
States to perform non-agricultural work of a temporary or seasonal 
nature as defined in 8 U.S.C. 1101(a)(15)(H)(ii)(b). The Department of 
Homeland Security (DHS) consults with DOL with respect to the H-2B 
program, and DOL provides advice on whether U.S. workers capable of 
performing the temporary services or labor are available. See 8 U.S.C. 
1184(c)(1), INA Section 214(c)(1) (providing for DHS to consult with 
``appropriate agencies of the Government''). Under DHS regulations, an 
H-2B petition for temporary employment must be accompanied by an 
approved temporary labor certification from DOL, which serves as DOL's 
consultative advice to DHS regarding whether a qualified U.S. worker is 
available to fill the petitioning H-2B employer's job opportunity and 
whether a foreign worker's employment in the job opportunity will 
adversely affect the wages or working conditions of similarly employed 
U.S. workers. See 8 CFR 214.2(h)(6)(iii)(A), (iv)(A). DHS and DOL 
jointly promulgated regulations establishing the processes by which an 
employer must obtain a prevailing wage and temporary labor 
certification from DOL, and the rights and obligations of workers and 
employers. 20 CFR 655, Subpart A; 8 CFR 214.2(h)(6)(iii)-(iv).
    This ICR, OMB Control No. 1205-0509, includes the collection of 
information related to the use of employer-provided surveys for 
determining prevailing wages and the temporary labor certification 
process in the H-2B program. The Form ETA-9165, Employer-Provided 
Survey Attestations to Accompany H-2B Prevailing Wage Determination 
Request Based on a Non-OES Survey, is used to collect information that 
permits ETA to determine whether an employer-provided survey can be 
used to establish H-2B prevailing wages in the occupational 
classification in lieu of prevailing wages available under the Bureau 
of Labor Statistics Occupational Employment Statistics (OES) program. 
The information contained in the application Form ETA-9142B, H-2B 
Application for Temporary Employment Certification, and corresponding 
appendices serve as the basis for the Secretary's determination that 
qualified U.S. workers are not available to perform the services or 
labor needed by

[[Page 45470]]

the employer, and that the wages and working conditions of similarly 
employed U.S. workers will not be adversely affected by the employment 
of H-2B workers. This determination is required before a petition can 
be approved by DHS. Employers use Appendix B of the Form ETA-9142B to 
attest that they will comply with all of the terms, conditions, and 
obligations of the H-2B program.
    ETA is seeking comments on proposed revisions to the Form ETA-
9142B, H-2B Application for Temporary Employment Certification; Form 
ETA-9142B, Appendix B; Form ETA-9165, Employer-Provided Survey 
Attestations to Accompany H-2B Prevailing Wage Determination Request 
Based on a Non-OES Survey; and the instructions accompanying those 
forms. The proposed revisions will better align information collection 
requirements with DOL's current regulatory framework, provide greater 
clarity to employers on regulatory requirements, standardize and 
streamline information collection to reduce employer time and burden 
preparing applications, and promote greater efficiency and transparency 
in ETA's review and issuance of labor certification decisions under the 
H-2B program.
    ETA is also seeking comments on its proposed implementation of 
three new appendices to the Form ETA-9142B. The proposed Appendix A 
would require an employer to use a standard format to disclose multiple 
worksites and, if applicable, multiple wage offers for the job 
opportunity within an area of intended employment. Proposed Appendix C 
would require an employer to use a standard format to disclose the 
identity and location of all foreign labor recruiters. In order to 
recruit prospective foreign workers for the job opportunities offered 
by the employer under the Form ETA-9142B, the employer, and its 
attorney or agent (as applicable), must provide the identity and 
location of all persons and entities hired by or working for the 
recruiter or agent, and any of the agent(s) or employee(s) of those 
person and entities. 20 CFR 655.9(b). Collection of this information in 
a standard format will also permit ETA to more effectively comply with 
20 CFR 655.9(c), which requires the maintenance of a publicly available 
list of foreign labor recruiters and the location(s) in which they are 
operating. Proposed Appendix D would require an employer filing as a 
job contractor to disclose the name and contact information of its 
employer-client, as required by 20 CFR 655.19(d)(1). These appendices 
will establish a more efficient and standardized method of collecting 
information currently submitted by employers to the Department using a 
variety of paper-based documents that are separately attached to the 
Form ETA-9142B.
    To promote greater efficiency in issuing temporary labor 
certification decisions and minimize delays associated with employers 
filing H-2B petitions with DHS, ETA is seeking to eliminate the 
issuance of paper-based labor certification decisions by proposing the 
creation of a one-page Form ETA-9142B, Labor Certification 
Determination, which will be issued electronically to employers granted 
temporary labor certification by DOL. In circumstances where the 
employer or, if applicable, its authorized attorney or agent, is not 
able to receive the temporary labor certification documents 
electronically, ETA will send the certification documents printed on 
standard paper in a manner that ensures overnight delivery.
    Finally, ETA is requesting a three-year extension, without change, 
of the Form ETA-9142B, Seafood Industry Attestation and Form ETA-9155, 
H-2B Registration. Employers in the seafood industry who wish to 
stagger the entry of H-2B workers into the United States between 90 and 
120 days after the certified start date of need will need to complete 
the Form ETA-9142B, Seafood Industry Attestation and provide a copy to 
each H-2B worker to present, upon request by DHS, when seeking entry 
into the United States. The information collected on the Form ETA-9155, 
H-2B Registration allows ETA to determine whether the nature and 
duration of the employer's need for H-2B workers is temporary. Where 
ETA has not operationalized the registration process through a separate 
notice in the Federal Register, H-2B applications are exempt from the 
registration requirements under 20 CFR 655.11, and the adjudication of 
the employer's temporary need will continue to occur based on 
information collected on the Form ETA-9142B. For complete details 
regarding this ICR, contact the office listed in the ADDRESSES section 
above.

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.

III. Current Actions

    This revision request will allow ETA to meet its statutory and 
regulatory responsibilities pertaining to labor certification 
applications that are used in the H-2B program and that allow employers 
to bring foreign labor to the United States on a temporary basis.
    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 the 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. DOL obtains OMB approval for this information collection under 
control number 1205-0509.
    Title of Collection: H-2B Temporary Non-Agricultural Employment 
Certification Program.
    Type of Review: Revision of a Currently Approved Information 
Collection.
    OMB Number: 1205-0509.
    Affected Public: Individuals or Households; Private Sector 
(businesses or other for-profit institutions); Federal Government; and 
State, Local and Tribal Governments.
    Form(s): ETA-9142B, H-2B Application for Temporary Employment 
Certification; ETA-9142B, Labor Certification Determination; ETA-
9142B--Appendix A; ETA-9142B--Appendix B; ETA-9142B--Appendix C; ETA-
9142B--Appendix D; ETA-9142B, Seafood Industry Attestation; ETA-9165, 
Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage 
Determination Request

[[Page 45471]]

Based on a Non-OES Survey; and ETA-9155, H-2B Registration.
    Total Estimated Number of Annual Respondents: 85,057.
    Annual Frequency: On Occasion.
    Total Estimated Number of Annual Responses: 286,978.
    Estimated Time per Response: Various.
    Total Estimated Annual Burden Hours: 80,201.
    Total Estimated Annual Burden Cost for Respondents: $705,400.
    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, Employment and Training Administration.
[FR Doc. 2018-19459 Filed 9-6-18; 8:45 am]
 BILLING CODE 4510-FP-P


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