Petition for Nonimmigrant Worker

ICR 201610-1615-001

OMB: 1615-0009

Federal Form Document

Forms and Documents
Document
Name
Status
Form
Modified
Supplementary Document
2016-12-15
Supplementary Document
2016-12-14
Supporting Statement A
2016-10-24
Supplementary Document
2016-10-04
Supplementary Document
2016-10-04
Supplementary Document
2016-10-11
Supplementary Document
2016-10-04
Supplementary Document
2016-10-04
Supplementary Document
2013-10-24
IC Document Collections
IC ID
Document
Title
Status
223914
New
20245 Modified
ICR Details
1615-0009 201610-1615-001
Historical Active 201508-1615-001
DHS/USCIS I-129
Petition for Nonimmigrant Worker
Extension without change of a currently approved collection   No
Regular
Approved with change 12/19/2016
Retrieve Notice of Action (NOA) 10/25/2016
USCIS may continue to use the previously approved instrument through December 22, 2016. USCIS will begin using the 12/23/16 version of the form and instructions on December 23, 2016 and the 01/17/17 version as of January 17, 2017. Approved for two years only due to partial GPEA compliance.
  Inventory as of this Action Requested Previously Approved
12/31/2018 36 Months From Approved 12/31/2016
333,891 0 333,891
1,631,400 0 1,631,400
78,027,021 0 75,001,935

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.

US Code: 8 USC 1101 Name of Law: null
  
None

1615-AC05 Final or interim final rulemaking 81 FR 82398 11/18/2016

  81 FR 46951 07/19/2016
81 FR 67371 09/30/2016
No

2
IC Title Form No. Form Name
Petition for Nonimmigrant Worker I-129, I-129 Petition for Nonimmigrant Worker
Biometrics Processing

  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 333,891 333,891 0 0 0 0
Annual Time Burden (Hours) 1,631,400 1,631,400 0 0 0 0
Annual Cost Burden (Dollars) 78,027,021 75,001,935 0 0 3,025,086 0
No
No
There has been an increase to the estimated cost burden previously reported for this collection of information. This increase is due to better estimates in out-pocket-expenses, including postage incurred by respondents, as well as an increase in the hourly wage rate for services such as document preparation. There is no change in the information being collected.

$320,535,360
No
No
No
No
No
Uncollected
Heather Young 202 272-1673 [email protected]

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
10/25/2016


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