Petition for a Nonimmigrant Worker

OMB Control No: 1615-0009	ICR Reference No: 202509-1615-001
Status: Historical Inactive	Previous ICR Reference No: 202508-1615-003
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: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 12/05/2025
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/10/2025
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of a final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2027	36 Months From Approved	12/31/2027
Responses	572,606	0	572,606
Time Burden (Hours)	3,026,399	0	3,026,399
Cost Burden (Dollars)	259,422,495	0	259,422,495

---

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. The non-substantial change is adding the electronic filing option.

---

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

Citations for New Statutory Requirements: US Code: 8 USC 1101

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AD01	Proposed rulemaking	90 FR 45986	09/24/2025

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 3

IC Title Form No. Form Name I-129H2A PDFi Filing I-129H2A (PDFi), I-129H2A (PDFi) Petition for Nonimmigrant Worker: H-2A Classification ,   Petition for Nonimmigrant Worker: H-2A Classification Petition for a Nonimmigrant Worker (e-file) I-129 e-file Petition for a Nonimmigrant Worker Petition for a Nonimmigrant Worker (paper) I-129 (paper) Petition for a Nonimmigrant Worker

---

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: USCIS is reporting an increase in the estimated annual hour burden to respondents for this collection of information as a result of the proposed rulemaking. USCIS has provided a synopsis of the edits associated with the changes to the information collection within the paper filing instrument Table of Changes (TOC); the online filing instrument Copy Deck TOC and the PDFi filing instrument Copy Deck TOC for the Form I-129. There is no change to the annual estimated cost burden to respondents for this information collection as a result of the proposed rulemaking.

---

Annual Cost to Federal Government: $3,432,644,298

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: Lauren Wise 202 740-4628 [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: 11/10/2025

---