Petition for CNMI-Only Nonimmigrant Transition Worker

OMB Control No: 1615-0111	ICR Reference No: 202008-1615-030
Status: Historical Active	Previous ICR Reference No: 202008-1615-006
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: 09/03/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/03/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/03/2020
Terms of Clearance: Previous terms of clearance continue to apply.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2021	6 Months From Approved	12/31/2020
Responses	11,950	0	11,950
Time Burden (Hours)	38,838	0	38,838
Cost Burden (Dollars)	3,809,063	0	3,809,063

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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: On Wednesday, July 29, 2020, DHS was enjoined by the U.S. District Court for the Southern District of New York from enforcing, applying, implementing, or treating as effective the Public Charge Final Rule, which was implemented on February 24, 2020, in the states of NY, CT, and VT. USCIS has been advised by the U.S. Department of Justice that the injunction covers the use of this information collection instrument approved with the Public Charge Final Rule. In light of the injunction, USCIS will need to revise this form’s instructions to provide guidance to filers from those states that they should not fill out the data elements added pursuant to the Public Charge 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: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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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	11,950	0	0	0	0
Annual Time Burden (Hours)	38,838	38,838	0	0	0	0
Annual Cost Burden (Dollars)	3,809,063	3,809,063	0	0	0	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:

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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: 09/03/2020

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