H-1B Data Collection and Filing Fee Exemption

OMB Control No: 1615-0011	ICR Reference No: 200412-1615-001
Status: Historical Active	Previous ICR Reference No: 200303-1615-013
Agency/Subagency: DHS/USCIS	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: 12/13/2004
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/01/2005
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/10/2004
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2005	06/30/2005	02/28/2006
Responses	148,092	0	64,046
Time Burden (Hours)	74,046	0	64,046
Cost Burden (Dollars)	74,046,000	0	128,092,000

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Abstract: Section 22 of the H1-B Visa Reform Act of 2004 amends Section 214(c)(9) of the Immigration and Nationality Act (INA). The Secretary of Homeland Security shall impose a fee on an employer filing an H-1B petition to, initially, grant an alien H-1B non- immigrant classification to extend the stay of an H-1B non- immigrant for the first time, or to request a change in employers for H-1B nonimmigrant status. This adendum to Form I-129 will also be used to determine if an H-1B petitioner is exempt from various filing fees.

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	148,092	64,046	0	84,046	0	0
Annual Time Burden (Hours)	74,046	64,046	0	10,000	0	0
Annual Cost Burden (Dollars)	74,046,000	128,092,000	0	-54,046,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

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: 12/10/2004

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