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Federal forms, ICRs, and supporting documents

Information Collection Request

H-2 Petitioner’s Employment Related or Fee Related Notification

ICR 200812-1615-007 · OMB 1615-0107 · Historical Inactive

Forms and Documents
DocumentTypeStatusAvailability
No forms / supporting documents in this ICR. Check IC Document Collections.
IC Document Collections
IC IDCollectionTypeStatusForm
187513 H-2 Petitioner's Employment Related or Fee Related Notification New
ICR Details
1615-0107 200812-1615-007
Historical Inactive
DHS/USCIS
H-2 Petitioner’s Employment Related or Fee Related Notification
New collection (Request for a new OMB Control Number)   No
Emergency 12/12/2008
Preapproved 01/15/2009
Retrieve Notice of Action (NOA) 12/12/2008
  Inventory as of this Action Requested Previously Approved
07/31/2009 6 Months From Approved
1,700 0 0
850 0 0
0 0 0
USCIS requires H-2 petitioners to notify USCIS when (1) the worker fails to report to work within 5 work days of the employment start date; (2) the labor or services for which H-2 workers were hired is completed more than 30 days early; or (3) the worker absconds from the worksite or is terminated prior to the completion of the labor or services for which he or she was hired. The notification requirement is necessary to ensure that alien workers maintain their nonimmigrant status and will help prevent H-2 workers from engaging in unauthorized employment. USCIS will deny or revoke (on notice) an H-2 petition if USCIS determines that the petitioner has collected, or entered into an agreement to collect a fee or compensation in connection with obtaining the H-2 employment, or that the petitioner knows or reasonably should know that the beneficiary has paid or agreed to pay any facilitator, recruiter, or similar employment service in connection with obtaining the H-2 employment. However, the petitioner who discovers, after the filing of the petition, that the alien worker paid or agreed to pay a facilitator, recruiter, or employment service the prohibited fees, can avoid denial or revocation by notifying USCIS within 2 work days of obtaining this knowledge.
These requirements are associated with the Final Regulations "Changes to Requirements Affecting H-2A Nonimmigrants; 1615-AB65" and "Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers; 1615-AB67." It is anticipated that these two final rules will be published in the Federal Register on December 16 and 17 respectively.
US Code: 8 USC 1184 Name of Law: U.S. Code
  
None
1615-AB65 Final or interim final rulemaking
No
1
IC Title Form No. Form Name
H-2 Petitioner's Employment Related or Fee Related Notification
  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 1,700 0 0 1,700 0 0
Annual Time Burden (Hours) 850 0 0 850 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Changing Regulations
No
The burden increase can be attributed to the requirements contained in Final Regulations "Changes to Requirements Affecting H-2A Nonimmigrants; 1615-AB65" and "Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers; 1615-AB67."
$66,742
No
No
Uncollected
Uncollected
Uncollected
Uncollected
Hiroko Witherow 202 272-8410 [email protected]
  No
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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
12/12/2008