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OMB Control No: 1615-0107	ICR Reference No: 200812-1615-007
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DHS/USCIS	Agency Tracking No:
Title: H-2 Petitioners Employment Related or Fee Related Notification
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 12/12/2008
OIRA Conclusion Action: Preapproved	Conclusion Date: 01/15/2009
	Date Received in OIRA: 12/12/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2009	6 Months From Approved
Responses	1,700	0	0
Time Burden (Hours)	850	0	0
Cost Burden (Dollars)	0	0	0

Abstract: USCIS requires H-2 petitioners to notify USCIS when (1) the worker fails to report to work within 5 work days of the employment start date; (2) the labor or services for which H-2 workers were hired is completed more than 30 days early; or (3) the worker absconds from the worksite or is terminated prior to the completion of the labor or services for which he or she was hired. The notification requirement is necessary to ensure that alien workers maintain their nonimmigrant status and will help prevent H-2 workers from engaging in unauthorized employment. USCIS will deny or revoke (on notice) an H-2 petition if USCIS determines that the petitioner has collected, or entered into an agreement to collect a fee or compensation in connection with obtaining the H-2 employment, or that the petitioner knows or reasonably should know that the beneficiary has paid or agreed to pay any facilitator, recruiter, or similar employment service in connection with obtaining the H-2 employment. However, the petitioner who discovers, after the filing of the petition, that the alien worker paid or agreed to pay a facilitator, recruiter, or employment service the prohibited fees, can avoid denial or revocation by notifying USCIS within 2 work days of obtaining this knowledge.

Emergency Justfication: These requirements are associated with the Final Regulations "Changes to Requirements Affecting H-2A Nonimmigrants; 1615-AB65" and "Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers; 1615-AB67." It is anticipated that these two final rules will be published in the Federal Register on December 16 and 17 respectively.

Authorizing Statute(s): US Code: 8 USC 1184 Name of Law: U.S. Code

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AB65	Final or interim final rulemaking

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
H-2 Petitioner's Employment Related or Fee Related Notification

ICR Summary of Burden

	Total Request	Change Due to Agency Discretion
Annual Number of Responses	1,700	1,700
Annual Time Burden (Hours)	850	850
Annual Cost Burden (Dollars)	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The burden increase can be attributed to the requirements contained in Final Regulations "Changes to Requirements Affecting H-2A Nonimmigrants; 1615-AB65" and "Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers; 1615-AB67."

Annual Cost to Federal Government: $66,742

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Hiroko Witherow 202 272-8410 hiroko.witherow@dhs.gov

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