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 beneficiary’s 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