Immigrant Petition for Alien Workers

OMB Control No: 1615-0015	ICR Reference No: 201611-1615-004
Status: Historical Active	Previous ICR Reference No: 201610-1615-015
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-140
Title: Immigrant Petition for Alien Workers
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/06/2017
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/21/2016
Terms of Clearance: USCIS may continue to use the previous version of the form and instructions until January 17, 2017.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2018	36 Months From Approved	04/30/2018
Responses	213,164	0	77,149
Time Burden (Hours)	230,217	0	83,321
Cost Burden (Dollars)	88,782,806	0	32,132,559

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Abstract: The information collected on this form will be used by USCIS to determine eligibility for the requested immigration benefits under section 203(b)(1), 203(b)(2), or 203(b)(3) of the Immigration and Nationality Act.

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Authorizing Statute(s): US Code: 8 USC 1153 Name of Law: U.S. Code

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC05	Final or interim final rulemaking	81 FR 82398	11/18/2016

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 81899	12/31/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 82398	11/18/2016
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 Immigrant Petition for Alien Workers Form I-140 Immigrant Petition for Alien Worker

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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	213,164	77,149	0	136,015	0	0
Annual Time Burden (Hours)	230,217	83,321	0	146,896	0	0
Annual Cost Burden (Dollars)	88,782,806	32,132,559	0	56,650,247	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 increase annual burden is a result of an increase in respondents. DHS is proposing to revise the Form I-140 instructions to remove ambiguity regarding whether information about the principal beneficiary’s dependent family members should be entered on Form I-140, by revising the word “requests” to “requires” for clarification. Ensuring that the dependent family members’ information is entered in the applicable section of Form I-140 is needed to validate familial relationships claimed in requests for employment authorization for the principals and family members of approved Form I-140 petitions that have been approved for one year or more. This clarification will reduce the potential for delays in the adjudication of these benefits and other future benefit requests. USCIS is also revising the instructions to remove the terms “in duplicate” in the second paragraph under the labor certification section of the instructions because USCIS no longer requires uncertified ETAs to be submitted in duplicate. There is no change in the data being captured on the information collection instrument, and there is no change to the estimated annual burden hours as a result of this revision.

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Annual Cost to Federal Government: $123,642,620

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Jameela Turay 703 305-9445 [email protected]

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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: 11/21/2016

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