USCIS uses Form I-129 and accompanying
supplements to determine whether the petitioner and foreign
national beneficiary(ies) is (are) eligible for the nonimmigrant
classification. A U.S. employer, or agent in some instances, may
file a petition for nonimmigrant worker to employ foreign nationals
under the following nonimmigrant classifications: H-1B, H-2A, H-2B,
H-3, L-1, O-1, O-2, P-1, P-2, P-3, P-1S, P-2S, P-3S, Q-1, or R-1
nonimmigrant worker. The collection of this information is also
required from a U.S. employer on a petition for an extension of
stay or change of status for E-1, E-2, E-3, Free Trade H-1B1
Chile/Singapore nonimmigrants and TN (NAFTA workers) who are in the
United States.
The estimated annual time
burden for this information collection has increased as a result of
the changes made by this NPRM. USCIS estimates that the time burden
per response will increase by 0.25 hours. There is no change to the
annual estimated cost burden for this information collection as a
result of this NPRM. As indicated in the rule, DHS estimates the
costs and benefits of this proposed rule using the newly published
Fee Schedule Final Rule, and related form changes, as the baseline.
The Fee Schedule Final Rule was scheduled to go into effect on
October 2, 2020. On September 29, 2020, the U.S. District Court for
the Northern District of California issued a nationwide injunction,
which prevents DHS from implementing the Fee Schedule Final Rule.
See, Immigrant Legal Resource Center v. Wolf, No. 4:20–cv–5883
(N.D. Cal. Sept. 29, 2020). In addition, on October 8, 2020, DHS
was also preliminarily enjoined from implementing and enforcing the
Fee Schedule Final Rule by the U.S. District Court for the District
of Columbia, including by adopting any form changes associated with
the rule. See, Northwest Immigrant Rights Project v. U.S.
Citizenship and Immigration Servs., 1:19–cv–03283–RDM (D.D.C. Oct.
8, 2020). While DHS intends to vigorously defend these lawsuits and
is not changing the economic baseline for this proposed rule as a
result of the litigation, it is using the currently approved Form
I–129, and not the form version associated with the enjoined Fee
Schedule Final Rule for the purpose of seeking OMB approval of form
changes associated with this proposed rule. Should DHS prevail in
the Fee Schedule Final Rule litigation and be able to implement the
form changes associated with that rule, DHS will comply with the
Paperwork Reduction Act and seek approval of the information
collection changes associated with this proposed rule, based on the
version of the Form I–129 that is in effect at that time.
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-INS-TOC-H1BSelectionProcessNPRM-10272020.docx
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf
Petition for a Nonimmigrant Worker