H-1B Data Collection and Filing Fee Exemption

OMB Control No: 1115-0225	ICR Reference No: 200011-1115-003
Status: Historical Active	Previous ICR Reference No: 200006-1115-003
Agency/Subagency: DOJ/INS	Agency Tracking No:
Title: H-1B Data Collection and Filing Fee Exemption
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/01/2000
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/07/2000
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/21/2000
Terms of Clearance: Approved consistent with changes discussed in phone call of 12/5/00 and subsequent memo, including: 1) Addition of questions about dependent employers, as requested by DOL. 2) Addition of "check all that apply" to the question on dependent employers/willful violators/exempt employees. 3) Change in the filing fee from $500 to $1000 throughout instructions. 4) Addition of the "willful violator" definition language agreed to by INS in 12/5/00 memo. INS shall provide a copy of the final form (with all changes, including formatting, completed) within 8 working days of clearance.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2001	05/31/2001	01/31/2001
Responses	128,092	0	128,092
Time Burden (Hours)	64,046	0	64,046
Cost Burden (Dollars)	64,046,000	0	64,046,000

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Abstract: The data collected on this form is used by the INS to determine if the petitioner is exempt from the $1,000 filing fee. Additionally, under Congressional mandate, every U.S. employer petitioning for an H-1B nonimmigrant must complete this form because it provides for the collection of information that must be reported to Congress.

Emergency Justfication:

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name H-1B Data Collection and Filing Fee Exemption I-129W

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	128,092	128,092	0	0	0	0
Annual Time Burden (Hours)	64,046	64,046	0	0	0	0
Annual Cost Burden (Dollars)	64,046,000	64,046,000	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 11/21/2000

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