Petition for Nonimmigrant Worker

OMB Control No: 1615-0009	ICR Reference No: 202001-1615-003
Status: Historical Inactive	Previous ICR Reference No: 201910-1615-009
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129
Title: Petition for Nonimmigrant Worker
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 06/09/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/02/2020
Terms of Clearance: Comment filed on proposed rule. This action does not constitute an approval of changes proposed or alter the collection in any way.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2022	36 Months From Approved	01/31/2022
Responses	294,751	0	294,751
Time Burden (Hours)	1,072,810	0	1,072,810
Cost Burden (Dollars)	70,681,290	0	70,681,290

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Abstract: USCIS needs the information collected on Form I-129H1 to determine whether the petitioner and foreign national beneficiary are eligible for the H-1B or H-1B1 nonimmigrant classification. The statutory authority is section 101(a)(15)(H), 214(a), 214(c)(1), and 214(g) of the Immigration and Nationality Act (INA); 8 U.S.C. 1101(a)(15)(H), 1184(a), 1184(c)(1), 1184(g), and section 222 of the Immigration Act of 1990 (Pub. L. 101-649). The regulatory authority is 8 CFR 214.2(h).

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Authorizing Statute(s): US Code: 8 USC 1101 Name of Law: null

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC18	Proposed rulemaking	84 FR 62280	11/14/2019

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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 Petition for Nonimmigrant Worker I-129 Petition for Nonimmigrant Worker

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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: The annual estimated time burden for this information collection has increased as a result of an increase in the estimated number of respondents from 294,751 to 358,702. The annual estimated cost burden for this information collection has increased. USCIS has revised the average estimated cost per respondent for filing this form, and the estimated number of respondents has increased.

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Annual Cost to Federal Government: $287,255,120

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

Agency Contact: Kerstin Jager 214 489-8022 [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: 03/02/2020

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