View Information Collection Request (ICR) Package

OMB Control No: 1615-0009	ICR Reference No: 202011-1615-001
Status: Historical Inactive	Previous ICR Reference No: 202009-1615-065
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129
Title: Petition for Nonimmigrant Worker
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Withdrawn and continue	Conclusion Date: 01/21/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/05/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	36 Months From Approved	09/30/2022
Responses	402,034	0	402,034
Time Burden (Hours)	1,608,136	0	1,608,136
Cost Burden (Dollars)	207,047,510	0	207,047,510

Abstract: USCIS uses the data collected on this form to determine eligibility for the requested nonimmigrant petition and/or requests to extend or change nonimmigrant status. (See USCIS response to Question 1 of this supporting statement, above). An employer (or agent, where applicable) uses this form to petition USCIS for an alien to temporarily enter as a nonimmigrant. An employer (or agent, where applicable) also uses this form to request an extension of stay or change of status on behalf of the alien worker. The form serves the purpose of standardizing requests for nonimmigrant workers and ensuring that basic information required for assessing eligibility is provided by the petitioner while requesting that beneficiaries be classified under certain nonimmigrant employment categories. It also assists USCIS in compiling information required by Congress annually to assess effectiveness and utilization of certain nonimmigrant classifications. USCIS also uses the data to determine continued eligibility. For example, the data collected is used in compliance reviews and other inspections to ensure that all program requirements are being met.

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:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 63918	10/08/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 63918	10/08/2020
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

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: Miscellaneous Actions

Short Statement: USCIS increased the estimated hour burden per response for the H Classification Supplement to Form I-129 from 2 hours to 2.5 hours. USCIS also made edits to Form I-129 Form and its Instructions to align with the new requirements articulated in the Strengthening the H-1B Nonimmigration Visa Classification Program interim final rule (RIN 1615-AC13). The Tables of Changes submitted with this information collection request describe the full scope of changes resulting from RIN 1615-AC13. USCIS is reporting a decrease in the estimated total annual hour burden to respondents for this collection of information. Form I-129H1 was replacing Form I-129 under OMB control number 1615-0009 as a result of USCIS’s Final Fee Rule, which had an effective date of October 2, 2020. The rule, however, is currently enjoined and therefore USCIS is reverting to the previously approved respondent estimate for Form I-129, which was lower than the respondent estimate reported for the Form I-129H1 created by the Fee Rule. This decrease in the estimated number of respondents as a result of the reversion to the pre-Fee Rule Form I-129 estimates results in a decrease in the total annual hour burden. USCIS is reporting a decrease in the estimated total annual cost burden to respondents for this collection of information. Form I-129H1 was replacing Form I-129 under OMB control number 1615-0009 as a result of USCIS’s Final Fee Rule, which had an effective date of October 2, 2020. The rule, however, is currently enjoined and therefore USCIS is reverting to the previously approved respondent estimate for Form I-129, which was lower than the respondent estimate reported for the Form I-129H1 created by the Fee Rule. This decrease in the estimated number of respondents as a result of the reversion to the pre-Fee Rule Form I-129 estimates results in a decrease in the total annual cost burden.

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 kerstin.a.jager@uscis.dhs.gov

View ICR - OIRA Conclusion