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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1615-0009
ICR Reference No:
202310-1615-013
Status:
Historical Inactive
Previous ICR Reference No:
202303-1615-003
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:
10/25/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/24/2023
Terms of Clearance:
Terms of the previous clearance remain in effect. OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. When and if the agency submits the ICR associated with the final rule, the agency is reminded to follow the procedures in 5 CFR 1320 regarding collections associated with rules
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2025
36 Months From Approved
11/30/2025
Responses
294,751
0
294,751
Time Burden (Hours)
1,072,810
0
1,072,810
Cost Burden (Dollars)
70,681,290
0
70,681,290
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.
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:
1615-AC70
Proposed rulemaking
88 FR 72870
10/23/2023
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
Petition for a Nonimmigrant Worker
I-129
Petition for a Nonimmigrant Worker
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 H-1B NPRM proposes changes that would result in an increase in the estimated annual burden to the information collection. This result stems from an increase in the estimated average burden per response, specifically for Form I-129, Petition for Nonimmigrant Worker, from 2.34 hours to 2.42 hours and for the H Classification Supplement to Form I-129 from 2 hours to 2.07 hours. The proposed changes for Form I-129, Petition for Nonimmigrant Worker, would be the result of the addition of questions to determine if an address where the beneficiary(ies) will work is a third-party location and the name of the organization, if so. The proposed changes for the H Classification Supplement to Form I-129 would be the result of the addition of a question to provide the beneficiary’s passport information, clarifying language under the options for requested action, content to the statement for H-1B specialty occupations and H-1B1 Chile and Singapore, and clarifying language to the reasons listed under Numerical Limitation Information for filing an H-1B petition type of Cap Exempt. Additional proposed changes to the H Classification Supplement to Form I-129 instructions include the removal of instructional material related to evidence for petition requirements for an itinerary and general H-1B requirements and the addition of new requests for evidence, instructions to complete the H Classification Supplement Form, and instructional material on nonprofit or governmental organizations related to completion of Section 2. and 3. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplemental Form. There are no other proposed program changes. There are no proposed changes in the total estimated annual cost burden as a result of the H-1B NPRM.
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:
Samantha Stout 704 762-0352 samantha.j.stout@uscis.dhs.gov
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:
10/24/2023
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