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 non-substantial change is adding the electronic filing option.
The Final Rule for RIN 1615-AC68 proposes changes that would result in an increase in the estimated annual hour 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 2.42 hours to 2.487 hours. Additionally, the estimated annual hour burden was impacted by an increase in the agency estimated number of respondents. There was 0.183 hour reduction per respondent due to the transfer of fee related content. This equates to approximately 104,787 hours of time burden reduction. To identify respondents eligible for a reduced fee, USCIS added instructions and questions, increasing the time burden 0.25 hours for a net increase of 0.67 hours. The proposed changes for Form I-129 Instructions would be the result of the addition of instructional content for reduced fees for small employees and non-profits, beneficiaries filing multiple petitions, required evidence under Section 2., inclusion of clarifying language, and removal of fee related content in instructions and consolidation and reformatting of fee related language in the Form G-1055, Fee Schedule. Additional proposed changes on the Form I-129 includes the addition of questions to differentiate non-profits and small businesses from other filers, questions on beneficiary(ies) type, and clarifying language.
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.
Form I-129 Petition for a Nonimmigrant Worker
I-129-039_REV_SptStmt-22-23FeeRuleFinal20240214.docx
I-129-039 Final Fee Rule Copy Deck v1.1.2_updated02012024.pdf
Petition for a Nonimmigrant Worker