H-1B Data Collection and Filing Fee Exemption

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
12208	H-1B Data Collection and Filing Fee Exemption Form	Migrated

ICR Details

OMB Control No: 1115-0225	ICR Reference No: 200212-1115-004
Status: Historical Active	Previous ICR Reference No: 200111-1115-006
Agency/Subagency: DOJ/INS	Agency Tracking No:
Title: H-1B Data Collection and Filing Fee Exemption
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/13/2003
	Date Received in OIRA: 12/12/2002
Terms of Clearance: Approved with change to the cost burden estimates to reflect the accurate number of respondents and the application fee.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2006	02/28/2006	02/28/2003
Responses	64,046	0	128,092
Time Burden (Hours)	64,046	0	64,046
Cost Burden (Dollars)	128,092,000	0	64,046,000

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Abstract: The American Competitiveness and Workforce Improvement Act of 1998 provides for new annual numerical limitations on the H-1B nonimmigrant classification, lists the new penalties imposed on employers who make certain misrepresentations to the U.S. Department of Labor on an application for a labor condition application, describes a new number of reports and provides for an additional filing fee of $500. This addendum to Form I-129 will be used to determine if an H-1B petitioner is exempt from the additional filing fee of $500.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
H-1B Data Collection and Filing Fee Exemption	I-129W

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	64,046	128,092	0	-64,046	0	0
Annual Time Burden (Hours)	64,046	64,046	0	0	0	0
Annual Cost Burden (Dollars)	128,092,000	64,046,000	0	0	64,046,000	0

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: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

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

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Common Form ICR:  No

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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: 12/12/2002

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