The burden change recorded in this change request is a correction to a prior data error and is not a result of the change being approved.
Inventory as of this Action
Requested
Previously Approved
12/31/2027
12/31/2027
12/31/2027
572,606
0
572,606
3,026,399
0
3,032,605
259,422,495
0
149,694,919
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. The non-substantial change is adding the electronic filing option.
The information collection for the H-2A Classification has been updated to include the electronic filing option of PDFi using Form I-129H2A, which allows the petitioner to upload a completed Form I-129H2A .pdf of their application and any supporting documentation, pay any required fee, and file the petition as a .pdf online. This process reduces the amount of time and money associated with printing, copying and mailing their application.
USCIS is reporting a decrease in the estimated annual hour burden to respondents for this collection of information as a result of this action. The decrease in the estimated annual hour burden to respondents is due to a decrease in the average burden per response for a percentage of respondents estimated to file Form I-129H2A using the PDFi process. The PDFi process is decreasing the average hour burden per response for H-2A Classification respondents using Form I-129H2A by approximately 15.6 minutes. For petitioners filing for the H-2A Classification, it is estimated that 90% of respondents will file Form I-129H2A using PDFi and 10% of respondents will file the Form I-129 (H-2A Classification) paper filed petition.
USCIS is reporting a decrease in the estimated annual cost burden to respondents for this collection of information as a result of this action. The decrease in the estimated annual cost burden to respondents is due to a decrease in the estimated number of respondents that will submit the Form I-129 paper filed petition for H-2A Classification. For petitioners filing for the H-2A Classification, it is estimated that 90% of respondents will file Form I-129H2A using the PDFi process and 10% of respondents will file the Form I-129 (H-2A Classification) paper filed petition. The previously reported estimated annual cost burden to respondents was incorrectly reported and an erroneous value was entered in the submission system, showing an incorrect decreased value.
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.