Petition for Nonimmigrant Worker

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-129 Petition for Nonimmigrant Worker	Form	Modified	Available
I129-INS-TOC-AC21 NPRM-01222016.docx	Supplementary Document	Uploaded 2016-01-27	Available
SORN.doc	Supplementary Document	Uploaded 2015-12-07	Available
PIA.pdf	Supplementary Document	Uploaded 2015-12-07	Available
I129-FRM-TOC-AC21 NPRM-01222016.docx	Supplementary Document	Uploaded 2016-01-27	Repair queued
Form I-129 Supporting Statement - AC21 (c).docx	Supporting Statement A	Uploaded 2015-11-24	Available
Reference Cites.doc	Supplementary Document	Uploaded 2013-10-24	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
20245	Petition for Nonimmigrant Worker	Form	Modified

ICR Details

OMB Control No: 1615-0009	ICR Reference No: 201511-1615-007
Status: Historical Inactive	Previous ICR Reference No: 201508-1615-001
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: Comment filed on proposed rule and continue	Conclusion Date: 02/04/2016
	Date Received in OIRA: 12/10/2015
Terms of Clearance: USCIS must submit a request to modify this form after reviewing public comments.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2016	36 Months From Approved	12/31/2016
Responses	333,891	0	333,891
Time Burden (Hours)	1,631,400	0	1,631,400
Cost Burden (Dollars)	75,001,935	0	75,001,935

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Abstract: USCIS needs the information collected through this form and accompanying supplements to determine whether the foreign national beneficiary (ies) is(are) eligible for the nonimmigrant status being sought and that the petitioning employer is eligible to hire the foreign worker. The statutory authority is section 214(c)(1) of the Immigration and Nationality Act (Act) and the regulatory authority is 8 CFR 214.2 (h)(2)(i)(A), (l)(2)(i), (o)(2)(i), (p)(2)(i), (q)(2)(i), and (r)(3). A U.S. employer, or their 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. A Form I-129 is not required to apply for an E-1 or E-2 nonimmigrant visa or admission as a TN nonimmigrant. A petition is only required to apply for a change to one of these classifications. The statutory authority for collecting information for the E-3s and H-1B1 classifications can be found in section 101(a)(15)(E)(iii) and (H)(i)(b1) of the Act. The additional regulatory authority for collection of this information for E-1s, E-2s, and TNs is found in 8 CFR 214.2(e)(1) and 8 CFR 214.6. In addition to this collection serving as the tool to collect data on the form and the supplements themselves, it also provides the avenue through which employers or agents submit documentary evidence to establish eligibility for the nonimmigrant classification being sought. Biometric information is required to be collected from a beneficiary in the Commonwealth of the Northern Mariana Islands (CNMI) or if requested in accordance with 8 CFR 103.2(b)(9). DHS may collect and store for present or future use, by electronic or other means, the biometric information submitted by an individual. DHS may use this biometric information to conduct background and security checks, adjudicate the nonimmigrant petition, and perform other functions related to administering and enforcing the immigrant and nationality laws. 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 uses this form to petition USCIS for an alien to temporarily enter as a nonimmigrant. An employer 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 U.S. employers while seeking 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.

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Authorizing Statute(s): US Code: 8 USC 1101 Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC05	Proposed rulemaking	80 FR 81900	12/31/2015

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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

table that charts list of burden

IC Title	Form No.	Form Name
Petition for Nonimmigrant Worker	I-129	Petition for Nonimmigrant Worker

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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: $275,460,075

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]? 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? 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: 12/10/2015

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