Petition for CNMI-Only Nonimmigrant Transition Worker

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-129CWR Semiannual Report for CW-1 Workers	Form	Removed	Available
Form I-129CW Petition for CNMI-Only Nonimmigrant Transition Worker	Form	Modified	Available
I-129CW-005-Supporting Statement-BioRuleNPRM.docx	Supporting Statement A	Uploaded 2020-09-11	Available
Public Law 115-218 Workforce Act of 2018.pdf	Supplementary Document	Uploaded 2020-04-24	Available
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf	Supplementary Document	Uploaded 2020-04-24	Available
SORN 018 DHS_USCIS IBBC 20180731.pdf	Supplementary Document	Uploaded 2020-04-24	Available
I129CW-005-INS-TOC-BiometricsRule-NPRM-05122020.docx	Supplementary Document	Uploaded 2020-09-09	Available
I129CW-005-FRM-TOC-BiometricsRule-NPRM-05122020.docx	Supplementary Document	Uploaded 2020-09-09	Repair queued
DHS USCIS 018 SORN 20180731.pdf	Supplementary Document	Uploaded 2019-07-29	Available
Reference Citations 20180309.docx	Supplementary Document	Uploaded 2018-03-09	Available
privacy-pia-016a-uscis-claims3-march25,2016.pdf	Supplementary Document	Uploaded 2018-03-09	Available
SORN 007 Benefits Info Sys 2016 10 19.pdf	Supplementary Document	Uploaded 2018-03-09	Repair queued
SORN 001 AFileIndexNFTS 2017 09 18.pdf	Supplementary Document	Uploaded 2018-03-09	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
243546	Biometric Processing		New
241539	Semiannual Report for CW-1 Workers	Form	Removed	Semiannual Report for CW-1 Workers
241539	Semiannual Report for CW-1 Workers	Instruction	Removed
190101	Petition for CNMI-Only Nonimmigrant Transition Worker	Form	Modified	Petition for CNMI-Only Nonimmigrant Transition Worker
190101	Petition for CNMI-Only Nonimmigrant Transition Worker	Instruction	Modified

ICR Details

OMB Control No: 1615-0111	ICR Reference No: 202009-1615-027
Status: Historical Inactive	Previous ICR Reference No: 202009-1615-006
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129CW
Title: Petition for CNMI-Only Nonimmigrant Transition Worker
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 09/21/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/15/2020
Terms of Clearance: In accordance with 5 CFR 1320, OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. Any previous terms of clearance continue to apply.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2021	36 Months From Approved	03/31/2021
Responses	11,950	0	11,950
Time Burden (Hours)	38,838	0	38,838
Cost Burden (Dollars)	3,809,063	0	3,809,063

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Abstract: Form I-129CW is necessary for an employer to petition for an alien to enter the Commonwealth of the Northern Mariana Islands (CNMI) temporarily to perform services or labor as a CNMI-Only nonimmigrant transition worker (CW). This form is also necessary for an employer to petition for an extension of stay or change of status for an alien as CW nonimmigrant. Form I-129CWR is necessary to verify the continuing employment and payment of such workers under the terms and conditions set forth in the CW-1 petition that the employer filed on the workers behalf. Pub. L. 115-218, sec. 3(a)(3)(C).

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Authorizing Statute(s): PL: Pub.L. 110 - 229 702 Name of Law: Consolidated Natural Resources Act of 2008
   PL: Pub.L. 115 - 218 3 Name of Law: Northern Mariana Islands U.S. Workforce Act of 2018
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC14	Proposed rulemaking	85 FR 56338	09/11/2020

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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: 2

table that charts list of burden

IC Title	Form No.	Form Name
Biometric Processing
Petition for CNMI-Only Nonimmigrant Transition Worker	I-129CW	Petition for CNMI-Only Nonimmigrant Transition Worker
Semiannual Report for CW-1 Workers	I-129CWR	Semiannual Report for CW-1 Workers

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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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: As a result of the Biometrics Rule, all Form I-129CW beneficiaries are subject to biometrics collection, and the $85 biometric services fee must be paid for each beneficiary. The estimated annual hour burden for this collection of information has increased as a result of the Biometrics Rule. The estimated annual hour burden for biometrics collection has increased from zero hours to 27,518 (rounded) hours.

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Annual Cost to Federal Government: $3,861,470

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: 09/15/2020

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