Petition for Nonimmigrant Worker

Forms and Documents

Document Name	Status
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf Supplementary Document	2020-09-03
I-129H1-Supporting Statement-FinalFeeRule.docx Supporting Statement A	2020-09-03
PIA-016(a)_USCIS_CLAIMS3_03252016.pdf Supplementary Document	2019-10-25
PIA-003_USCIS_IDDMP_01052007.pdf Supplementary Document	2019-10-25
DHS-USCIS-ICE-CBP-001_09182017_82FR43556.pdf Supplementary Document	2019-10-25
DHS-USCIS-018_07312018_83FR36950.pdf Supplementary Document	2019-10-25
DHS-USCIS-007_10192016_81FR72069.pdf Supplementary Document	2019-10-25
Reference Cites.docx Supplementary Document	2020-09-03

IC Document Collections

IC ID	Document Title	Status
20245	Petition for Nonimmigrant Worker: H-1 Classifications Instruction	Modified

ICR Details

OMB Control No: 1615-0009	ICR Reference No: 202009-1615-005
Status: Historical Active	Previous ICR Reference No: 202008-1615-029
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129H1
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: 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	03/31/2021
Responses	402,034	0	294,751
Time Burden (Hours)	1,608,136	0	1,072,810
Cost Burden (Dollars)	207,047,510	0	70,681,290

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Abstract: USCIS uses the data collected on this form to determine eligibility for the requested nonimmigrant classification and/or requests to extend or change nonimmigrant status. An employer (or agent, where applicable) uses this form to petition USCIS for an alien to temporarily enter as an H-1B or H-1B1 nonimmigrant. An employer (or agent, where applicable) also uses this form to request an extension of stay of an H-1B or H-1B1 nonimmigrant worker or to change the status of an alien currently in the United States as a nonimmigrant to H-1B or H-1B1. The form serves the purpose of standardizing requests for H-1B and H-1B1 nonimmigrant workers and ensuring that basic information required for assessing eligibility is provided by the petitioner while requesting that beneficiaries be classified under the H-1B or H-1B1 nonimmigrant employment categories. It also assists USCIS in compiling information required by Congress annually to assess effectiveness and utilization of certain nonimmigrant classifications. Data collected on employers is provided to the media, researchers, and the general public on the H-1B Employer Data Hub to provide information on employers petitioning for H-1B workers.

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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-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? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Petition for Nonimmigrant Worker: H-1 Classifications	I-129H1	Petition for Nonimmigrant Worker: H-1 Classifications

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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	402,034	294,751	0	107,283	0	0
Annual Time Burden (Hours)	1,608,136	1,072,810	0	535,326	0	0
Annual Cost Burden (Dollars)	207,047,510	70,681,290	0	136,366,220	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: USCIS is changing the Form number associated with this OMB Control Number from Form I-129 to Form I-129H1. The title of this information collection is changing from “Petition for Nonimmigrant Worker” to “Petition for Nonimmigrant Worker: H-1 Classifications.” This form may now be used only to file petitions for H-1B and H-1B1 nonimmigrants. All other nonimmigrant classification petitions for which Form I-129 was previously used must now be filed using the Forms for those specific classifications. The annual estimated time burden for this information collection has increased as a result of an increase in the estimated number of respondents. The annual estimated cost burden for this information collection has increased. The estimated number of respondents has increased.

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Annual Cost to Federal Government: $431,926,870

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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