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. 4:20âcvâ5883 (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., 1:19âcvâ03283âRDM (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 Iâ129, 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 Iâ129 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