Petition for a Nonimmigrant Worker

OMB Control No: 1615-0009	ICR Reference No: 202112-1615-005
Status: Received in OIRA	Previous ICR Reference No: 202103-1615-014
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: 12/22/2021
Date Submitted to OIRA: 12/22/2021

	Requested	Previously Approved
Expiration Date	6 Months From Approved	08/31/2024
Responses	294,751	294,751
Time Burden (Hours)	1,072,810	1,293,873
Cost Burden (Dollars)	70,681,290	70,681,290

---

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 January 8, 2021, after going through notice and comment rulemaking, the Department of Homeland Security (DHS) issued a final rule titled Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions (“H-1B Selection Final Rule”). The rule was scheduled to go into effect on March 9, 2021. On February 8, 2021, DHS issued a final rule delaying the effective date of the H-1B Selection Final Rule to December 31, 2021. That rule also delayed changes to the information collections associated with that rule. On March 19, 2021, Plaintiffs in ongoing litigation moved to file an amended complaint in the U.S. District Court for the Northern District of California adding the H-1B Selection Final Rule to the list of challenged agency actions, which the court granted leave to file on April 15, 2021. Following several months of litigation, on September 15, 2021, the court vacated the H-1B Selection Final Rule and remanded the matter to DHS. Following the vacatur DHS and DOJ deliberated regarding the possibility of appeal but ultimately decided against an appeal. DHS is moving to fully comply with the court’s decision vacating the H-1B Selection Final Rule. Therefore, since regulatory changes promulgated through the H-1B Selection Final Rule are scheduled to be codified in the Code of Federal Regulations (CFR) at 8 CFR 214.2 on the rule’s new effective date, December 31, 2021, DHS is issuing a rule to withdraw the vacated H-1B Selection Final Rule. The withdrawal rule will have an immediate effective date. To prevent the information collection changes associated with the H-1B Selection Final Rule from going into effect on December 31, 2021, DHS is seeking emergency processing to reverse the changes made by that rule in order to fully comply with the court’s vacatur of the that rule.

---

Authorizing Statute(s): US Code: 8 USC 1101

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC61	Final or interim final rulemaking	86 FR 72516	12/22/2021

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

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

---

ICR Summary of Burden

	Total Request	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	294,751	0	0	0	0
Annual Time Burden (Hours)	1,072,810	1,293,873	0	-221,063	0	0
Annual Cost Burden (Dollars)	70,681,290	70,681,290	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: USCIS will not publish the version of Form I-129 and Instructions that was approved by OMB in connection with the Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H–1B Petitions (RIN 1615-AC61; effective January 8, 2021; delayed to December 31, 2021). The changes to the form and instructions made in support of that rule will not be made effective as a result of the rule's withdrawal. USCIS has removed the hour burden added as a result of RIN 1615-AC61. The estimated annual time burden for this information collection has decreased as a result of the changes made by this withdrawal rule. USCIS estimates that the time burden per response will decrease by 0.25 hours, which results in an annual hour burden reduction of 221,063 hours. There is no change to the estimated annual cost burden to respondents for this collection of information.

---

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]

---

Common Form ICR:  No

---

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: 12/22/2021

---