H-2 Petitioner's Employment Related or Fee Related Notification

Forms and Documents

Document Name	Status
OMB-49-005-Supporting Statement.docx Supporting Statement A	2022-03-24
OMB-49-005_60&30-Day_PublicCommentsMatrix 20220323.pdf Supplementary Document	2022-03-24
INA Section 214.docx Supplementary Document	2016-01-29
Authority.doc Supplementary Document	2016-01-29
OMB-49-30-Day_85_FR-74098_2021-28239.pdf Supplementary Document	2022-03-21
OMB-49-005_60-DayFRN-86-FR-52167-2021-20202.pdf Supplementary Document	2022-03-21

IC Document Collections

IC ID	Document Title	Status
187513	H-2 Petitioner's Employment Related or Fee Related Notification Instruction	Modified

ICR Details

OMB Control No: 1615-0107	ICR Reference No: 202203-1615-007
Status: Received in OIRA	Previous ICR Reference No: 201902-1615-001
Agency/Subagency: DHS/USCIS	Agency Tracking No: OMB-49
Title: H-2 Petitioner's Employment Related or Fee Related Notification
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/26/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2022
Responses	3,757	1,700
Time Burden (Hours)	1,879	850
Cost Burden (Dollars)	18,785	8,500

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Abstract: USCIS requires H-2 petitioners to notify USCIS when (1) the worker fails to report to work within 5 work days of the employment start date; (2) the labor or services for which H-2 workers were hired is completed more than 30 days early; or (3) the worker absconds from the worksite or is terminated prior to the completion of the labor or services for which he or she was hired. The notification requirement is necessary to ensure that alien workers maintain their nonimmigrant status and will help prevent H-2 workers from engaging in unauthorized employment. USCIS will deny or revoke (on notice) an H-2 petition if USCIS determines that the petitioner has collected, or entered into an agreement to collect a fee or compensation in connection with obtaining the H-2 employment, or that the petitioner knows or reasonably should know that the beneficiary has paid or agreed to pay any facilitator, recruiter, or similar employment service in connection with obtaining the H-2 employment. However, the petitioner who discovers, after the filing of the petition, that the alien worker paid or agreed to pay a facilitator, recruiter, or employment service the prohibited fees, can avoid denial or revocation by notifying USCIS within 2 work days of obtaining this knowledge.

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Authorizing Statute(s): US Code: 8 USC 1184 Name of Law: U.S. Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 52167	09/20/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 74098	12/29/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
H-2 Petitioner's Employment Related or Fee Related Notification

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ICR Summary of Burden

	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	3,757	1,700	0	0	2,057	0
Annual Time Burden (Hours)	1,879	850	0	0	1,029	0
Annual Cost Burden (Dollars)	18,785	8,500	0	0	10,285	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The increase to the estimated annual hour burden and the estimated annual cost burden to respondents are a result of new agency estimates for the number of H-2 Petitioner’s Employment Related Notification respondents for this collection of information.

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Annual Cost to Federal Government: $268,302

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 03/26/2022

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