Petition for CNMI-Only Nonimmigrant Transition Worker

OMB Control No: 1615-0111	ICR Reference No: 202004-1615-003
Status: Historical Active	Previous ICR Reference No: 201907-1615-015
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129CW
Title: Petition for CNMI-Only Nonimmigrant Transition Worker
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/14/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/18/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/14/2020
Terms of Clearance: Previous terms of clearance continue to apply.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2020	6 Months From Approved	10/31/2021
Responses	11,950	0	3,749
Time Burden (Hours)	38,838	0	13,122
Cost Burden (Dollars)	3,809,063	0	459,253

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Abstract: Form I-129CW is necessary for an employer to petition for an alien to enter the Commonwealth of the Northern Mariana Islands (CNMI) temporarily to perform services or labor as a CNMI-Only nonimmigrant transition worker (CW). This form is also necessary for an employer to petition for an extension of stay or change of status for an alien as CW nonimmigrant. Form I-129CWR is necessary to verify the continuing employment and payment of such workers under the terms and conditions set forth in the CW-1 petition that the employer filed on the workers behalf. Pub. L. 115-218, sec. 3(a)(3)(C).

Emergency Justfication: USCIS is submitting an Interim Final Rule.

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Authorizing Statute(s): PL: Pub.L. 115 - 218 3 Name of Law: Northern Mariana Islands U.S. Workforce Act of 2018    PL: Pub.L. 110 - 229 702 Name of Law: Consolidated Natural Resources Act of 2008

Citations for New Statutory Requirements: PL: Pub.L. 115 - 218 3 Name of Law: Northern Mariana Islands U.S. Workforce Act of 2018

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC28	Final or interim final rulemaking	85 FR 29264	05/14/2020

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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: 2

IC Title Form No. Form Name Petition for CNMI-Only Nonimmigrant Transition Worker I-129CW Petition for CNMI-Only Nonimmigrant Transition Worker Semiannual Report for CW-1 Workers I-129CWR Semiannual Report for CW-1 Workers

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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	11,950	3,749	8,201	0	0	0
Annual Time Burden (Hours)	38,838	13,122	25,716	0	0	0
Annual Cost Burden (Dollars)	3,809,063	459,253	731,938	0	2,617,872	0

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: USCIS is adding new data elements to Form I-129CW to capture additional information required by statute and regulation, including the Employment Training Administration (ETA) case number for the Temporary Labor Certification (TLC), the employer’s E-Verify ID, the Standard Occupation Classification (SOC) code, the governor’s cap reservation, and information on whether beneficiary is a long term worker. The Instructions for Form I-129CW have been revised to reflect new requirements under the Interim Final Rule. USCIS is creating a new Form I-129CWR, Semiannual Report for CW-1 Employers, in connection with the Implementation of the Northern Mariana Islands U.S. Workforce Act of 2018 IFR. This new form will be added as an instrument under OMB control number 1615-0111, which already includes the Form I-129CW instrument. USCIS is reporting an increase in the estimated annual hour burden to respondents for this collection of information. The hour burden increased as a result of the new estimated number of respondents, which increased from 3,749 to 5,975. The hour burden also increased due to an increase in the estimated time burden per response for Form I-129CW from 3.5 hours to 4 hours due to the addition of new questions and instructions to cover the requirements of the IFR. The creation of a new Form I-129CWR as a result of the IFR, which has a 2.5 hour time burden, also increased the overall estimated annual hour burden for this collection of information. The estimated annual cost burden to respondents increased as a result of the new Form I-129CWR, Semiannual Report for CW-1 Employers. Employers will have additional out of pocket costs, as explained in Question 13, as a result of this new information collection instrument. The estimated cost to respondents for Form I-129CW increased as a result of an adjustment in USCIS’s estimated cost per response.

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Annual Cost to Federal Government: $3,086,745

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: 05/14/2020

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