Petition for Nonimmigrant Worker: H-2A Classification

Forms and Documents

Document Name	Status
Form I-129H2A Petition for a Nonimmigrant Worker: H-2A Classification Form	Modified
I-129H2A-Supporting Statement-FinalFeeRule.docx Supporting Statement A	2020-09-03
DHS-UCSIS-PIA-016_CLAIMS3_09052008.pdf Supplementary Document	2019-11-07
DHS-USCIS-PIA-061_03152016.pdf Supplementary Document	2019-11-07
DHS-USCIS-PIA-003b_02282017.pdf Supplementary Document	2019-11-07
DHS-USCIS-018_SORN_07312018.pdf Supplementary Document	2019-11-07
DHS-USCIS-007_SORN_10192016.pdf Supplementary Document	2019-11-07
DHS-USCIS-ICE-CBP-001_SORN_11212013.pdf Supplementary Document	2019-11-07
Reference Cites.docx Supplementary Document	2020-07-27

IC Document Collections

IC ID	Document Title	Status
238486	Joint Employer Supplement for Form I-129H2A	Modified
238485	Named Worker Attachment for Form I-129H2A	Modified
238484	Petition for a Nonimmigrant Worker: H-2A Classification Form	Modified

ICR Details

OMB Control No: 1615-0150	ICR Reference No: 202008-1615-025
Status: Historical Active	Previous ICR Reference No: 202008-1615-015
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129H2A
Title: Petition for Nonimmigrant Worker: H-2A Classification
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/04/2020
	Date Received in OIRA: 09/04/2020
Terms of Clearance: This form change is approved to take effect on October 2, 2020. USCIS will display both the current version and the new Fee Rule version of the form for a period of time up to the effective date of the new form, which is concurrent with the effective date of the associated rulemaking (October 2, 2020). USCIS will clearly identify filing dates for each form version and provide instructions on when and how to correctly file both versions. Upon the effective date of the new version of the form, USCIS will remove the old version of the form from its website. Approved for two years only due to partial GPEA compliance.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	36 Months From Approved
Responses	82,768	0	0
Time Burden (Hours)	69,739	0	0
Cost Burden (Dollars)	6,184,120	0	0

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Abstract: USCIS uses the data collected on this form to determine eligibility for the requested H-2A nonimmigrant petition and/or requests to extend or change nonimmigrant status. An employer or agent uses this form to petition USCIS for an alien to temporarily enter as a nonimmigrant. An employer or agent 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 H-2A nonimmigrant workers, and ensuring that basic information required for assessing eligibility is provided by the petitioner. It also assists USCIS in compiling information required by Congress to assess effectiveness and utilization of certain nonimmigrant classifications.

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Authorizing Statute(s): US Code: 8 USC 1184(c)(1) Name of Law: Admission of Nonimmigrants
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC18	Final or interim final rulemaking	85 FR 46788	08/03/2020

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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: 3

IC Title	Form No.	Form Name
Joint Employer Supplement for Form I-129H2A
Petition for a Nonimmigrant Worker: H-2A Classification	I-129H2A	Petition for a Nonimmigrant Worker: H-2A Classification
Named Worker Attachment for Form I-129H2A

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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	82,768	0	0	82,768	0	0
Annual Time Burden (Hours)	69,739	0	0	69,739	0	0
Annual Cost Burden (Dollars)	6,184,120	0	0	6,184,120	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The original Form I-129 has been separated into several different forms covering different non-immigrant employment visa classifications. Form I-129H2A is filed by petitioners seeking to employ non-immigrants under the H-2A classification.

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Annual Cost to Federal Government: $6,175,220

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

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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: 09/04/2020

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