Supporting Statement 03 09 16

SUPPORTING STATEMENT FOR

Petition for CNMI-Only Nonimmigrant Transition Worker

OMB Control No.: 1615-0111

COLLECTION INSTRUMENT(S): Form I-129CW

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The Department of Homeland Security amended its regulations to create the new Commonwealth of the Northern Mariana Islands (CNMI)-Only nonimmigrant transition worker (CW-1) classification in accordance with the Consolidated Natural Resources Act of 2008 (CNRA of 2008), Public Law 110-229, dated May 8, 2008. The CNRA of 2008 establishes a transition period before the Immigration and Nationality Act (Act) is fully applicable to the CNMI. A CNMI-only transitional worker is an alien worker who is ineligible for another classification under the Act and performs services or labor for an employer in the CNMI. The CW-1 classification will be in effect for the duration of the transition period. This form is necessary for an employer to petition for an alien worker to enter the CNMI temporarily to perform services or labor as a CNMI-Only nonimmigrant transition worker. This form is also necessary for an employer to petition for an extension of stay or change of status for an alien worker as CW-1 nonimmigrant.

Any individual may be required to submit biometric information if the regulations or form instructions require such information 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 immigration and naturalization benefits, and perform other functions related to administering and enforcing the immigration and nationality laws. See 8 U.S.C. 1103; 8 CFR 103.16. The specific regulations for the CW program require submitting biometric information as requested by USCIS. 8 CFR 214.2(w)(15). If the alien is present in the CNMI when filing for initial grant of CW-1 status, USCIS does use this authority to collect biometrics from the individual.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

USCIS uses the data collected on this form to determine eligibility for the requested immigration benefits. An employer uses this form to petition USCIS for an alien to temporarily enter as a nonimmigrant into the CNMI to perform services or labor as a CNMI-Only Transitional Worker (CW-1). 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 these benefits, and ensuring that the basic information required to determine eligibility, is provided by the petitioners.

USCIS collects biometrics from aliens present in the CNMI at the time of requesting initial grant of CW-1 status. The information is used to verify the alien’s identity, background information and ultimately adjudicate their request for CW-1 status.

The CW-1 classification is unique in that Form I-129CW is a petition for the CW-1 classification as well as a “grant of status.” A “grant of status” allows beneficiaries lawfully present in the CNMI to change status directly from their CNMI classification or DHS-issued parole to the CW-1 classification. See 8 CFR 214.2(w)(1)(v). When a beneficiary is granted CW-1 status, the adjudicating officer is granting admission and status to the beneficiary without requiring the beneficiary to depart the CNMI, obtain a visa abroad, and seek admission with CBP. Because we are granting the CW-1 status to the beneficiary, we use biometrics to make a determination of admissibility prior to adjudicating the Form I-129CW petition. The checks are used to confirm identity and ensure that CW-1 status is not granted to anyone who is inadmissible. As the CW program progresses, the need to take biometrics in most cases has diminished, as the Form I-129CW is increasingly used for extension of status of persons who had already had their biometrics taken at the initial grant stage rather than for initial grants of status in the CNMI, but the authority will continue to be used in those initial grant cases that do arise.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The use of this form provides the most efficient means for collecting and processing the required data. Form I-129CW provides the most efficient means for collecting and processing the required data. This form and its instructions reside on the USCIS Web site at http://www.uscis.gov/i-129cw. The form and the instructions can be downloaded, completed and saved electronically. USCIS has the automated capability in place to accept and store certain forms for adjudication electronically; however, the I-129CW form has not been designated for e-filing. The I-129CW is not a priority for electronic designation because, based on statute, the CW-1 classification is a temporary program. The use of this form affects only a finite population, for a limited period of time. While the electronic submission would reduce burden on respondents, the fact that this program is set to expire in less than two years greatly outweighs the benefits of automation as the resources for such automation may be realigned to a longer term initiative.

It is important to note that USCIS does not have control over the end of the transition period, and cannot yet anticipate whether the transition period will be extended. Therefore, USCIS is not requesting a shorter approval period for the form because, to the extent that the Secretary of Labor extends the program, USCIS must be prepared to use this form beyond the transition period.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

A review of the Forms Inventory Report revealed no duplication of effort, and there is no other similar information currently available that can be used for this purpose.

USCIS has investigated its internal processes, files and data as well as those of other Federal agencies that may service the same population. USCIS was not able to find any other means by which the information necessary for this process could be obtained except for the use of the form submitted for approval. USCIS will continue to examine ways in which information may be obtained from other sources and any identified duplications can be minimized or removed.

The biometrics collection associated with this form is necessary because the alien present in the CNMI might not have previously supplied biometric information to the Federal government and is requesting an initial grant of immigration status. As a result, the Federal government has not conducted the necessary background checks required for most immigration benefits under the immigration laws of the United States. The biometrics requirement ensures that CW-1 status is not granted to anyone who is inadmissible.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

USCIS determined that a substantial number of small businesses were likely to be affected by the final rule, “Commonwealth of the Northern Mariana Islands Transitional Worker Classification,” 1615-AB76.  That rule’s economic analysis stated that over 80 percent of businesses in the CNMI have annual revenues and employees below the threshold considered small according to the Small Business Administration’s “Table of Small Business Size Standards Matched to North American Industry Classification System Codes”.  That rule, however, represented a cost savings from the current CNMI foreign worker program, thus the rule did not impose a significant impact on these small businesses.  The final rule’s analysis anticipated a cost savings because employers may name more than one employee on a petition; conversely, separate petitions and fees were required for each employee under the CNMI system. Thus, assuming future growth in the number of foreign workers during the transition period up to the cap on grants of CW status would only increase the cost savings, or benefits, attributable to the use of this classification versus fees under the CNMI immigration system.

The rule also established that USCIS will reduce the number of available CW statuses to zero at the conclusion of the transition period and that may have a significant impact.  Moreover, that requirement is established by legislation and USCIS cannot adjust the requirements of this information collection based on entity size in any manner that would affect or mitigate the impact of that provision.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If the information is not collected, USCIS will not be able to determine the employers’ eligibility to petition for an alien worker to temporarily enter as a nonimmigrant into the CNMI to perform services or labor as a CNMI-Only Transitional Worker (CW-1). USCIS will also not be able to determine an employer’s eligibility to request an extension of stay or change of status.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the agency more often than quarterly;

• Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• Requiring respondents to submit more than an original and two copies of any document;

• Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

This information collection is conducted in a manner consistent with the guidelines in 5 CFR 1320.5(d)(2).

8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

On September 10, 2015 USCIS published a 60-day notice in the Federal Register at 80 FR 54574. USCIS did receive one comment after publishing that notice.

Public comment: “I OPPOSE ALLOWING ANYONE TO USE THIS FORM. THE USA IS OVERRUN WITH FOREIGNERS. WE DO NOT WANT ANY MORE FOREIGNERS TO COME TO THIS COUNTRY. ITS TIME TO CLOSE THE DOOR. IF MARIANA NEEDS WORKERS, LET THEM HIRE FROM PUERTO RICO OR CONTINENTAL USA, ALL OF WHICH NEEDS JOBS FOR PEOPLE. THERE IS A SURFEIT OF AMERICAN WORKERS WHO CANNOT FIND JOBS OF ANY KIND IN THIS COUNTRY. THEY HAVE GIVEN UP BECAUSEE COMPANIES HAVE MOVED OUT OF THE USA AND THE RICH CORPORATE EXECS MAKING $48 MILLION A YEAR ARE URGING THE CHAMBER OF COMMERCE TO FLOOD AMERICA WITH FOREIGN SLAVES WHO COME IN TO WAGE BUST. IN AMERICA, WE DONT WANT WAG BUSING. WE ARE ENTITLED TO A FAIR DAYS PAY FOR A FAIR DAYS WORK. THESE UGLY AMERICANS ARE SEEKING TO MAKE THEIR FELLLOW AMERICANSINTO SLAVES AT LOW WAGES BY BUSTING WITH FOREIGN WORKERS. THE MARIANS ARE USED AS A STEPPING STONE TO THEN COME TO THE CONTINENTAL USA AND ITS A RACKET. A CRIMINAL RACKET. DENY ALL USE OF THIS FORM. SHUT DOWN THIS FAKE CRIMINAL WAY TO COME INTO THE USA. IT IS A STEPPING STONE. LET THE MARIANAS HIRE AMERICAN WORKERS. WE NEED JOBS ALL OVER AMERICA. AMERICAN WORKERS ARE BEING HAMMERED BY THE $48 MILLION WAGE CLASS. ITS A CLASS WAR GOING ON IN AMERICA WITH IDDLE CLASS AND LOWER MIDDLE CLASS BEING HAMMERED TO THE MAXIMUM. NO MORE FOEIGNERS. CLOSE THE DAMN DOOR. ITS TIME. THIS IS NOT 1898. TIMES CHANGE. WE NEED TO CHANGE. WE HAVE GIVEN MILLIONS OF TRILLIONS OF DOLLARS TO FOREIGNERS. THATS ENOUGH. WE HAVE NO NEED TO FEEL GUILTY. WE HAVE PROSTRATED OURSELVES FOR FOREIGNERS. ITS TIME TO STOP”

USCIS response: USCIS infers that the commenter does not believe that this form and its related program or immigration benefit are necessary for the proper performance of the functions of the agency. USCIS is not considering whether or not to terminate the program, which exceeds the scope of our proposed extension of this form. Because this commenter requested no changes to the Form I-129CW, USCIS will make no changes as a result of this comment.

On February 12, 2016, USCIS published a 30-day notice in the Federal Register at 81 FR 7566. USCIS did not receive comments.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

USCIS does not provide payments or gifts to respondents in exchange for a benefit sought.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation or agency policy.

There is no assurance of confidentiality. This collection is covered under the following privacy impact assessments: DHS/USCIS/PIA-016 Benefits Processing of Applicants other than Petitions for Naturalization, Refugee Status, and Asylum (CLAIMS 3) September 5, 2008 and DHS-USCIS-007 - Benefits Information System September 29, 2008 (73 FR 56596). The collection is also covered under the DHS/USCIS-001 - Alien File, Index, and National File Tracking System of Records November 21, 2013 (78 FR 69864).

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

Type of Respondent	Form Name / Form Number	No. of Respondents	No. of Responses per Respondent	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate*	Total Annual Respondent Cost
Businesses or Others for Profit	I-129CW	6,000	1.34	3	24,120	$31.79	$766,775
Individuals or Households	Biometrics	12,000	1	1.17	14,040	$31.79	$446,332
Total		18,000			38,160		$1,213,107

* The above Average Hourly Wage Rate is the May 2014 Bureau of Labor Statistics average wage for All Occupations of $22.71 times the wage rate benefit multiplier of 1.4 (to account for benefits provided) equaling $31.79.  When “All Occupations” is selected, include the following language: “The selection of “All Occupations” was chosen as the expected respondents for this collection could be expected to be from any occupation.”

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995; (2) to achieve regulatory compliance with requirements not associated with the information collection; (3) for reasons other than to provide information or keep records for the government; or, (4) as part of customary and usual business or private practices.

There is no cost burden to respondents for actually responding to this information

collection- start-up, maintenance, and operating costs associated with completing the

paperwork. For informational purposes only, there is a fee charge of $325, an $85

Biometrics fee per beneficiary, and a supplemental CNMI education funding fee of $150

per beneficiary, for this information collection.

This information collection may impose some out-of-pocket costs on respondents in

addition to the time burden for the form’s preparation. For form preparation, legal

services, translators, and document search and generation, USCIS estimates that the

average cost for these activities is $490 and that an average of 25% of the total

respondent population may incur this cost. The total cost to respondents would generate

as follows: 18,000 respondents x 25% of the population = 4,500 multiplied by the

average cost per response of $490 = $2,205,000.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

Annualized Cost Analysis:

Printing Cost $400

Collecting and Processing $4,839,000

Total Cost to Program $4,839,400

Government Cost

The estimated cost of the program to the Government is calculated by multiplying the estimated number of respondents 6,000 x 1.34 number of responses x the suggested total fee charge of $475 ($325 fee (the fee includes the suggested average hourly rate for clerical, officer, and managerial time with benefits), and a supplemental CNMI education funding fee of $150), plus the estimated number of respondents that provide biometrics, 12,000 x $85 biometrics fee, plus a percent of the estimated overhead cost for printing, stocking, distributing and processing of this form, estimated at $400.

15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

Data collection Activity/Instrument	Program Change (hours currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (hours currently on OMB Inventory)	Adjustment (New)	Difference
Form I-129CW				38,160	38,160	0
Total(s)				38,160	38,160	0

There are no changes to the hour burden for this collection.

Data collection Activity/Instrument	Program Change (cost currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (cost currently on OMB Inventory)	Adjustment (New)	Difference
Form I-129CW				0	$2,205,000	+$2,205,000
Total(s)				0	$2,205,000	+$2,205,000

USCIS has estimated the cost to respondents and is updating the reporting of this cost in the current submission.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

This information collection will not be published for statistical purposes.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

USCIS will display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submission,” of OMB 83-I.

USCIS does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods.

There is no statistical methodology involved with this collection.

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