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 (or agent, where applicable) uses this form to petition USCIS for an alien to temporarily enter as a nonimmigrant. An employer (or agent, where applicable) 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 the petitioner while requesting 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.
USCIS also uses the data to determine continued eligibility. For example, the data collected is used in compliance reviews and other inspections to ensure that all program requirements are being met.
USCIS increased the estimated hour burden per response for the H Classification Supplement to Form I-129 from 2 hours to 2.5 hours. USCIS also made edits to Form I-129 Form and its Instructions to align with the new requirements articulated in the Strengthening the H-1B Nonimmigration Visa Classification Program interim final rule (RIN 1615-AC13). The Tables of Changes submitted with this information collection request describe the full scope of changes resulting from RIN 1615-AC13.
USCIS is reporting a decrease in the estimated total annual hour burden to respondents for this collection of information. Form I-129H1 was replacing Form I-129 under OMB control number 1615-0009 as a result of USCISâs Final Fee Rule, which had an effective date of October 2, 2020. The rule, however, is currently enjoined and therefore USCIS is reverting to the previously approved respondent estimate for Form I-129, which was lower than the respondent estimate reported for the Form I-129H1 created by the Fee Rule. This decrease in the estimated number of respondents as a result of the reversion to the pre-Fee Rule Form I-129 estimates results in a decrease in the total annual hour burden.
USCIS is reporting a decrease in the estimated total annual cost burden to respondents for this collection of information. Form I-129H1 was replacing Form I-129 under OMB control number 1615-0009 as a result of USCISâs Final Fee Rule, which had an effective date of October 2, 2020. The rule, however, is currently enjoined and therefore USCIS is reverting to the previously approved respondent estimate for Form I-129, which was lower than the respondent estimate reported for the Form I-129H1 created by the Fee Rule. This decrease in the estimated number of respondents as a result of the reversion to the pre-Fee Rule Form I-129 estimates results in a decrease in the total annual cost burden.
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.
I129-012-INS-TOC-Strengthening H1B IFR-RIN-AC13.docx
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf
Petition for a Nonimmigrant Worker