Petition for a Nonimmigrant Worker

OMB Control No: 1615-0009	ICR Reference No: 202102-1615-010
Status: Active	Previous ICR Reference No: 202101-1615-018
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129
Title: Petition for a Nonimmigrant Worker
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/10/2021
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/10/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/10/2021
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2021	6 Months From Approved	09/30/2022
Responses	294,751	0	402,034
Time Burden (Hours)	1,072,810	0	1,608,136
Cost Burden (Dollars)	70,681,290	0	207,047,510

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Abstract: USCIS uses Form I-129 and accompanying supplements to determine whether the petitioner and foreign national beneficiary(ies) is (are) eligible for the nonimmigrant classification. A U.S. employer, or agent in some instances, may file a petition for nonimmigrant worker to employ foreign nationals under the following nonimmigrant classifications: H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, P-1S, P-2S, P-3S, Q-1, or R-1 nonimmigrant worker. The collection of this information is also required from a U.S. employer on a petition for an extension of stay or change of status for E-1, E-2, E-3, Free Trade H-1B1 Chile/Singapore nonimmigrants and TN (NAFTA workers) who are in the United States.

Emergency Justfication: On 3/09/2020, the Supreme Court vacated USCIS RIN 1615-AA22, Inadmissibility on Public Charge Grounds (short title: Public Charge Rule). As a result of the vacatur, USCIS is rescinding all changes made in the Public Charge Final Rule. Changes associated with this rule will be removed from information collection instruments that were impacted by the rule. Changes to respondent, hour burden, and cost burden estimates as a result of the Public Charge Rule will also be reverted.

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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:
	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: 1

IC Title Form No. Form Name Petition for a Nonimmigrant Worker I-129 Petition for a Nonimmigrant 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	294,751	402,034	0	0	-107,283	0
Annual Time Burden (Hours)	1,072,810	1,608,136	0	0	-535,326	0
Annual Cost Burden (Dollars)	70,681,290	207,047,510	0	0	-136,366,220	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 removing changes made to the form and instructions with the Public Charge Final Rule. This action also reverts the information collection instrument under this OMB Control number to the Form I-129 instead of the Form I-129H1 that was created with the USCIS Fee Rule, which is enjoined. Removal of the Public Charge rule changes reduces the time burden per response for Form I-129 from 2.84 hours per response to 2.34 hours per response. The annual time burden for this collection of information is decreasing by 535,326 hours as a result. There is a decrease in the estimated annual cost burden to respondents as a result of the Public Charge Rule Rescission.

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Annual Cost to Federal Government: $202,646,460

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: 03/10/2021

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