Petition for Nonimmigrant Worker

ICR 201907-1615-014

OMB: 1615-0009

Federal Form Document

Forms and Documents
Document
Name
Status
Form
Modified
Supplementary Document
2019-10-03
Supplementary Document
2019-08-14
Supporting Statement A
2019-08-14
Supplementary Document
2018-12-14
Supplementary Document
2018-12-14
Supplementary Document
2018-12-14
Supplementary Document
2018-12-14
Supplementary Document
2016-10-11
Supplementary Document
2013-10-24
IC Document Collections
IC ID
Document
Title
Status
20245 Modified
ICR Details
1615-0009 201907-1615-014
Historical Active 201901-1615-008
DHS/USCIS I-129
Petition for Nonimmigrant Worker
Revision of a currently approved collection   No
Regular
Approved with change 10/03/2019
Retrieve Notice of Action (NOA) 08/15/2019
This form is only approved for two years due to non-compliance with the Government Paperwork Elimination Act. In the interim years between approvals, USCIS will work on allowing for electronic signatures and submission and will report back to OMB prior to submitting the form for extension on the agency's progress as well as ways it has worked to further streamline the collection and minimize the data requested.
  Inventory as of this Action Requested Previously Approved
10/31/2021 36 Months From Approved 01/31/2022
294,751 0 294,751
837,093 0 1,072,810
70,681,290 0 70,680,553

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-AA22 Final or interim final rulemaking 84 FR 41292 08/14/2019

No

1
IC Title Form No. Form Name
Petition for Nonimmigrant Worker I-129 Petition for Nonimmigrant Worker

  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 294,751 294,751 0 0 0 0
Annual Time Burden (Hours) 837,093 1,072,810 0 -235,717 0 0
Annual Cost Burden (Dollars) 70,681,290 70,680,553 0 737 0 0
No
Yes
Changing Regulations
There has been an increase in the estimated annual time burden for this collection of information. USCIS increased the estimated time burden per response for Form I-129 from 2.34 to 2.84 hours, to account for the additional questions added to the form to collect information regarding public charge factors. These changes are necessitated by the public charge rulemaking. There has been an increase in the estimated annual cost burden to respondents for this collection of information do to an adjustment from a rounded number to the whole number when estimating the cost per respondent.

$202,646,460
No
    Yes
    Yes
No
No
No
Uncollected
Kerstin Jager 214 489-8022 [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.
08/15/2019


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