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.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
09/30/2022
36 Months From Approved
03/31/2021
402,034
0
294,751
1,608,136
0
1,072,810
207,047,510
0
70,681,290
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.
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 âPetition for Nonimmigrant Workerâ to âPetition for Nonimmigrant Worker: H-1 Classifications.â 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.
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.
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf
I-129H1-Supporting Statement-FinalFeeRule.docx
Petition for Nonimmigrant Worker: H-1 Classifications