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 H-1B NPRM proposes changes that would result in an increase in the estimated annual burden to the information collection. This result stems from an increase in the estimated average burden per response, specifically for Form I-129, Petition for Nonimmigrant Worker, from 2.34 hours to 2.42 hours and for the H Classification Supplement to Form I-129 from 2 hours to 2.07 hours.
The proposed changes for Form I-129, Petition for Nonimmigrant Worker, would be the result of the addition of questions to determine if an address where the beneficiary(ies) will work is a third-party location and the name of the organization, if so. The proposed changes for the H Classification Supplement to Form I-129 would be the result of the addition of a question to provide the beneficiaryâs passport information, clarifying language under the options for requested action, content to the statement for H-1B specialty occupations and H-1B1 Chile and Singapore, and clarifying language to the reasons listed under Numerical Limitation Information for filing an H-1B petition type of Cap Exempt. Additional proposed changes to the H Classification Supplement to Form I-129 instructions include the removal of instructional material related to evidence for petition requirements for an itinerary and general H-1B requirements and the addition of new requests for evidence, instructions to complete the H Classification Supplement Form, and instructional material on nonprofit or governmental organizations related to completion of Section 2. and 3. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplemental Form. There are no other proposed program changes.
There are no proposed changes in the total estimated annual cost burden as a result of the H-1B NPRM.
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.
I-129-037 REV H-1B NPRM Supporting Statement 20231023.docx
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf
Petition for a Nonimmigrant Worker