Petition for Nonimmigrant Worker

OMB Control No: 1615-0009	ICR Reference No: 200812-1615-003
Status: Historical Inactive	Previous ICR Reference No: 200804-1615-004
Agency/Subagency: DHS/USCIS	Agency Tracking No:
Title: Petition for Nonimmigrant Worker
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/12/2008
OIRA Conclusion Action: Preapproved	Conclusion Date: 01/15/2009
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/12/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2009	6 Months From Approved	07/31/2010
Responses	382,548	0	368,948
Time Burden (Hours)	1,056,632	0	1,014,607
Cost Burden (Dollars)	122,415,360	0	125,442,320

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Abstract: Form I-129 is necessary for an employer to petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training, in the following categories: as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, or Q nonimmigrant worker. This form is also necessary for an employer to petition for an extension of stay or change of status for an alien as an E-1, E-2, E-3, R-1 or TN nonimmigrant. A petition is not required to apply for an E-1, E-2, or R-1 nonimmigrant visa or admission as a TN nonimmigrant. A petition is only required to apply for a change to one of these classifications.

Emergency Justfication: USCIS will be publishing a Final Rule titled "Temporary Agricultural Workers within the H-2A Nonimmigrant Classification; 1615-AB65". This Final Rule requires revision to the Form I-129. It is anticipated that this Final Rule will be published on December 17, 2008. Accordingly the Form I-129 revision will need to be approved prior to publication of the Final Rule.

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Authorizing Statute(s): US Code: 8 USC 1101 Name of Law: Immigration and Nationality Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AB65	Final or interim final rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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

IC Title Form No. Form Name Petition for Nonimmigrant Worker Form I-129

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ICR Summary of Burden

	Total Request	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	382,548	368,948	0	13,600	0	0
Annual Time Burden (Hours)	1,056,632	1,014,607	0	42,025	0	0
Annual Cost Burden (Dollars)	122,415,360	125,442,320	0	-3,026,960	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The change can be attributed to the Final Rule titled "Temporary Agricultural Workers within the H-2A Nonimmigrant Classification; 1615-AB65."

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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

Agency Contact: Hiroko Witherow 202 272-8410

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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: 12/12/2008

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