Petition for a Nonimmigrant Worker

ICR 202202-1615-006

OMB: 1615-0009

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2022-04-21
Justification for No Material/Nonsubstantive Change
2022-04-21
Supplementary Document
2022-02-23
Supplementary Document
2020-09-03
Supplementary Document
2019-10-25
Supplementary Document
2019-10-25
Supplementary Document
2019-10-25
Supplementary Document
2019-10-25
Supplementary Document
2019-10-25
Supplementary Document
2020-09-03
IC Document Collections
IC ID
Document
Title
Status
20245 Modified
ICR Details
1615-0009 202202-1615-006
Received in OIRA 202112-1615-005
DHS/USCIS I-129
Petition for a Nonimmigrant Worker
No material or nonsubstantive change to a currently approved collection   No
Emergency 12/22/2021
05/27/2022
  Requested Previously Approved
07/31/2022 07/31/2022
294,751 294,751
1,072,810 1,072,810
70,681,290 70,681,290
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 January 8, 2021, after going through notice and comment rulemaking, the Department of Homeland Security (DHS) issued a final rule titled Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions (“H-1B Selection Final Rule”). The rule was scheduled to go into effect on March 9, 2021. On February 8, 2021, DHS issued a final rule delaying the effective date of the H-1B Selection Final Rule to December 31, 2021. That rule also delayed changes to the information collections associated with that rule. On March 19, 2021, Plaintiffs in ongoing litigation moved to file an amended complaint in the U.S. District Court for the Northern District of California adding the H-1B Selection Final Rule to the list of challenged agency actions, which the court granted leave to file on April 15, 2021. Following several months of litigation, on September 15, 2021, the court vacated the H-1B Selection Final Rule and remanded the matter to DHS. Following the vacatur DHS and DOJ deliberated regarding the possibility of appeal but ultimately decided against an appeal. DHS is moving to fully comply with the court’s decision vacating the H-1B Selection Final Rule. Therefore, since regulatory changes promulgated through the H-1B Selection Final Rule are scheduled to be codified in the Code of Federal Regulations (CFR) at 8 CFR 214.2 on the rule’s new effective date, December 31, 2021, DHS is issuing a rule to withdraw the vacated H-1B Selection Final Rule. The withdrawal rule will have an immediate effective date. To prevent the information collection changes associated with the H-1B Selection Final Rule from going into effect on December 31, 2021, DHS is seeking emergency processing to reverse the changes made by that rule in order to fully comply with the court’s vacatur of the that rule.
US Code: 8 USC 1101
  
None
1615-AC61 Final or interim final rulemaking 86 FR 72516 12/22/2021
No
1
IC Title Form No. Form Name
Petition for a Nonimmigrant Worker I-129 Petition for a Nonimmigrant Worker
  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 294,751 294,751 0 0 0 0
Annual Time Burden (Hours) 1,072,810 1,072,810 0 0 0 0
Annual Cost Burden (Dollars) 70,681,290 70,681,290 0 0 0 0
No
No
USCIS will not publish the version of Form I-129 and Instructions that was approved by OMB in connection with the Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H–1B Petitions (RIN 1615-AC61; effective January 8, 2021; delayed to December 31, 2021). The changes to the form and instructions made in support of that rule will not be made effective as a result of the rule's withdrawal. USCIS has removed the hour burden added as a result of RIN 1615-AC61. The estimated annual time burden for this information collection has decreased as a result of the changes made by this withdrawal rule. USCIS estimates that the time burden per response will decrease by 0.25 hours, which results in an annual hour burden reduction of 221,063 hours. There is no change to the estimated annual cost burden to respondents for this collection of information.
$202,646,460
No
    Yes
    Yes
No
No
No
No
Kerstin Jager 214 489-8022 [email protected]
  No
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.
05/27/2022
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