H-2 Petitioner's Employment Related or Fee Related Notification
Revision of a currently approved collection
No
Regular
01/08/2025
Requested
Previously Approved
36 Months From Approved
07/31/2025
9,264
3,757
3,892
1,879
1,855
18,785
USCIS requires H-2 petitioners to notify USCIS when (1) a worker fails to report to work within 5 workdays of the employment start date listed on the petition; (2) the labor or services for which H-2 workers were hired is completed more than 30 days early; (3) a worker leaves the worksite without notice; or (4) a worker is terminated prior to the completion of the labor or services for which the worker was hired. The notification requirement is necessary to ensure that H-2 workers maintain their nonimmigrant status and helps prevent H-2 workers from engaging in unauthorized employment.
The information collected in employment-related notification submitted by H-2 petitioners is used by USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). USCIS may forward relevant information to both ICE and CBP. ICE uses the information for future adjudicative purposes and CBP uses it to collect all liquidated damage payments from H-2 petitioners. Establishing compliance with this notification requirement is also a condition of H-2A petitioners being able to request substitutions for H-2A workers who have been admitted to the U.S according to 8 CFR 214.2(h)(5)(ix).
There is a 2,012 increase to the estimated annual hour burden and a 16,933 decrease in the estimated annual cost burden to respondents as a result of new agency estimates for the number of H-2 Petitionerâs Employment Related Notification respondents for this information collection. USCIS is now tracking all Employment Related Notifications by the method respondents use to send USCIS notifications. As a result, we found a five (5) minute (.4167 hours) time burden reduction per respondent in using the email method to send USCIS notifications. USCIS also changed the form number from âOMB-49â to âI-129Nâ for naming consistency with other USCIS forms.
Additionally, USCIS revised the information collection to remove fee-related notifications as this data is no longer collected and changed the form title accordingly. We also removed the term "absconder" and âabscondmentâ in an effort to recognize that workers may have valid reasons for leaving their contracts. These additional revisions as stated are related to the Modernizing H-2 Program Requirements, Oversight, and Worker Protections, proposed rule, 88 FR 65040 (Sep. 20, 2023) and are contingent on the successful completion of that rulemaking.
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:
(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;
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.
Form I-129N H-2 Petitioner's Employment Related Notification (E-mail)
I-129N-006 (Formerly OMB-49)-Supporting Statement 01062025.docx
I-129N-006 (Formerly OMB49) 30 Day FRN Comment Matrix.pdf
Authority.doc
H-2 Petitioner's Employment Related Notification (E-mail)