Petition for a Nonimmigrant Worker

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-129 Petition for a Nonimmigrant Worker	Form	Modified	Available
I-129-030 Supporting Statement-Fee Rule NPRM.docx	Supporting Statement A	Uploaded 2022-12-01	Repair queued
I129-030-FRM-TOC-FeeRule-OMBReview-NPRM-11142022.docx	Supplementary Document	Uploaded 2022-12-01	Repair queued
I129-030-INS-TOC-FeeRule-OMBReview-NPRM-11142022.docx	Supplementary Document	Uploaded 2022-12-01	Repair queued
G1055-INS-FeeRule-OMBReview-NPRM-12292022.pdf	Supplementary Document	Uploaded 2023-01-03	Repair queued
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf	Supplementary Document	Uploaded 2020-09-03	Repair queued
PIA-016(a)_USCIS_CLAIMS3_03252016.pdf	Supplementary Document	Uploaded 2019-10-25	Repair queued
PIA-003_USCIS_IDDMP_01052007.pdf	Supplementary Document	Uploaded 2019-10-25	Repair queued
DHS-USCIS-ICE-CBP-001_09182017_82FR43556.pdf	Supplementary Document	Uploaded 2019-10-25	Repair queued
DHS-USCIS-018_07312018_83FR36950.pdf	Supplementary Document	Uploaded 2019-10-25	Available
DHS-USCIS-007_10192016_81FR72069.pdf	Supplementary Document	Uploaded 2019-10-25	Repair queued
Reference Cites.docx	Supplementary Document	Uploaded 2020-09-03	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
20245	Petition for a Nonimmigrant Worker	Form	Modified	Petition for a Nonimmigrant Worker
20245	Petition for a Nonimmigrant Worker	Instruction	Modified

ICR Details

OMB Control No: 1615-0009	ICR Reference No: 202212-1615-011
Status: Historical Inactive	Previous ICR Reference No: 202207-1615-006
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129
Title: Petition for a Nonimmigrant Worker
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 01/31/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/19/2023
Terms of Clearance: The agency will submit this ICR package for OIRA review concurrent with publication of the associated final rule in the Federal Register.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2025	36 Months From Approved	11/30/2025
Responses	294,751	0	294,751
Time Burden (Hours)	1,072,810	0	1,072,810
Cost Burden (Dollars)	70,681,290	0	70,681,290

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Abstract: 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.

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Authorizing Statute(s): US Code: 8 USC 1101
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC68	Proposed rulemaking	88 FR 402	01/04/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Petition for a Nonimmigrant Worker	I-129	Petition for a Nonimmigrant Worker

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This information collection has been revised to reflect changes proposed by the Fee Rule. USCIS has consolidated filing fee information from individual form instructions into the Form G-1055, Fee Schedule. These changes include removing instructional information about: filing fees, biometric services fees, processing information, payment methods, electronic funds transfers, fee waivers, and premium processing. This revision resulted in a decrease in the estimated hour burden per response for respondents. Overall, there was an increase in the annual estimated hour burden to respondents due to an increase in the estimated number of respondents.

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Annual Cost to Federal Government: $3,434,894,298

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.     Yes

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.     Yes

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: 01/19/2023

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