Petition for Nonimmigrant Worker

OMB Control No: 1615-0009	ICR Reference No: 202009-1615-065
Status: Active	Previous ICR Reference No: 202009-1615-005
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129H1
Title: Petition for Nonimmigrant Worker
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/30/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/23/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	09/30/2022	09/30/2022
Responses	402,034	0	402,034
Time Burden (Hours)	1,608,136	0	1,608,136
Cost Burden (Dollars)	207,047,510	0	207,047,510

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Abstract: USCIS uses the data collected on this form to determine eligibility for the requested nonimmigrant classification and/or requests to extend or change nonimmigrant status. An employer (or agent, where applicable) uses this form to petition USCIS for an alien to temporarily enter as an H-1B or H-1B1 nonimmigrant. An employer (or agent, where applicable) also uses this form to request an extension of stay of an H-1B or H-1B1 nonimmigrant worker or to change the status of an alien currently in the United States as a nonimmigrant to H-1B or H-1B1. The form serves the purpose of standardizing requests for H-1B and H-1B1 nonimmigrant workers and ensuring that basic information required for assessing eligibility is provided by the petitioner while requesting that beneficiaries be classified under the H-1B or H-1B1 nonimmigrant employment categories. It also assists USCIS in compiling information required by Congress annually to assess effectiveness and utilization of certain nonimmigrant classifications. Data collected on employers is provided to the media, researchers, and the general public on the H-1B Employer Data Hub to provide information on employers petitioning for H-1B workers.

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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	Final or interim final rulemaking	85 FR 46788	08/03/2020

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Federal Register Notices & Comments

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 Petition for Nonimmigrant Worker: H-1 Classifications I-129H1 Petition for Nonimmigrant Worker: H-1 Classifications

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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	402,034	402,034	0	0	0	0
Annual Time Burden (Hours)	1,608,136	1,608,136	0	0	0	0
Annual Cost Burden (Dollars)	207,047,510	207,047,510	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: USCIS is changing the Form number associated with this OMB Control Number from Form I-129 to Form I-129H1. The title of this information collection is changing from “Petition for Nonimmigrant Worker” to “Petition for Nonimmigrant Worker: H-1 Classifications.” This form may now be used only to file petitions for H-1B and H-1B1 nonimmigrants. All other nonimmigrant classification petitions for which Form I-129 was previously used must now be filed using the Forms for those specific classifications. The annual estimated time burden for this information collection has increased as a result of an increase in the estimated number of respondents. The annual estimated cost burden for this information collection has increased. The estimated number of respondents has increased.

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Annual Cost to Federal Government: $431,926,870

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: 09/23/2020

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