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 USCIS’s 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 USCIS’s 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.