Petition for a Nonimmigrant Worker

Forms and Documents

Document Name	Status
Form I-129 e-file Petition for a Nonimmigrant Worker (e-file) Form and Instruction	Unchanged
I-129-044-INS-TOC-H2FinalRule-RIN-1615-AC76_20241218.docx Supplementary Document	2024-12-12
I-129-044-FRM-TOC-H2FinalRule-RIN-1615-AC76_20241218.docx Supplementary Document	2024-12-12
I-129-044-H2FinalRule-RIN-1615-AC76_Supporting Statement_20241218.docx Supporting Statement A	2024-12-12
DHS-USCIS-PIA016d-June2020.pdf Supplementary Document	2024-12-17
DHS-USCIS-PIA-003b-2017.pdf Supplementary Document	2024-12-17
SORN 001.pdf Supplementary Document	2024-12-17
SORN 018.pdf Supplementary Document	2024-12-17
SORN 007.pdf Supplementary Document	2024-12-17
Reference Cites.docx Supplementary Document	2020-09-03

IC Document Collections

IC ID	Document Title	Status
269876	Petition for a Nonimmigrant Worker (e-file) Form and Instruction	Unchanged
20245	Petition for a Nonimmigrant Worker (paper) Instruction	Modified

ICR Details

OMB Control No: 1615-0009	ICR Reference No: 202411-1615-002
Status: Historical Active	Previous ICR Reference No: 202408-1615-003
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: Approved without change	Conclusion Date: 12/18/2024
	Date Received in OIRA: 12/18/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2027	36 Months From Approved	02/28/2027
Responses	572,606	0	572,606
Time Burden (Hours)	2,079,594	0	2,079,594
Cost Burden (Dollars)	149,694,919	0	149,694,919

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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. The non-substantial change is adding the electronic filing option.

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

Citations for New Statutory Requirements: US Code: 8 USC 1101

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC76	Final or interim final rulemaking	89 FR 103202	12/18/2024

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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: 2

IC Title	Form No.	Form Name
Petition for a Nonimmigrant Worker (e-file)	I-129 e-file	Petition for a Nonimmigrant Worker
Petition for a Nonimmigrant Worker (paper)	I-129 (paper)	Petition for a Nonimmigrant Worker

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ICR Summary of Burden

	Total Approved	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	572,606	572,606	0	0	0	0
Annual Time Burden (Hours)	2,079,594	2,079,594	1,938,156	-1,938,156	0	0
Annual Cost Burden (Dollars)	149,694,919	149,694,919	0	0	0	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: Yes

Burden Reduction Due to: Changing Forms

Short Statement: The overall change in burden estimates reflects the changes in the final rule RIN 1615-AC76 related to the removal of the list of countries of citizenship section on the form and eligible countries list from the instructions, addition of question on exception to the 3-year limit and requests for evidence, rewriting of questions and instructional content on prohibited fees and evidence and other H-2A and H-2B violations, addition of clarifying language to H-2A and H-2B petitioner and employer obligations questions, addition of questions and reformatting for the joint employer section, removal of E-Verify and corresponding H-2A petitions instructions, addition of instructional content in the recruitment of H-2A and H-2B workers section, removal of instructional content on interrupted stays, and addition of clarifying language to the notification requirements instructional content. This result stems from an increase in the estimated average burden per response, specifically for the H Classification Supplement to Form I-129, from 2.07 hours to 2.3 hours.

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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: 12/18/2024

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