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.
On 3/09/2020, the
Supreme Court vacated USCIS RIN 1615-AA22, Inadmissibility on
Public Charge Grounds (short title: Public Charge Rule). As a
result of the vacatur, USCIS is rescinding all changes made in the
Public Charge Final Rule. Changes associated with this rule will be
removed from information collection instruments that were impacted
by the rule. Changes to respondent, hour burden, and cost burden
estimates as a result of the Public Charge Rule will also be
reverted.
USCIS is removing changes made
to the form and instructions with the Public Charge Final Rule.
This action also reverts the information collection instrument
under this OMB Control number to the Form I-129 instead of the Form
I-129H1 that was created with the USCIS Fee Rule, which is
enjoined. Removal of the Public Charge rule changes reduces the
time burden per response for Form I-129 from 2.84 hours per
response to 2.34 hours per response. The annual time burden for
this collection of information is decreasing by 535,326 hours as a
result. There is a decrease in the estimated annual cost burden to
respondents as a result of the Public Charge Rule Rescission.
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.