H-2 Petitioner's Employment Related or Fee Related Notification

Forms and Documents

Document Name	Status
Form I-129N H-2 Petitioner's Employment Related Notification (E-mail) Form and Instruction	New
Form I-129N H-2 Petitioner's Employment Related Notification (Mail-in) Form and Instruction	Modified
I-129N-006 (Formerly OMB-49)-Supporting Statement 01062025.docx Supporting Statement A	2025-01-06
I-129N-006 (Formerly OMB49) 30 Day FRN Comment Matrix.pdf Supplementary Document	2024-12-27
I-129N-006 (OMB-49) USCIS-2009-0015-0030.pdf Supplementary Document	2024-12-27
I-129N-006 (OMB-49) 30 Day FRN.pdf Supplementary Document	2024-12-12
I-129N-006 (OMB-49) USCIS-2009-0015-0023.pdf Supplementary Document	2024-12-12
I-129N-006 (OMB-49) USCIS-2009-0015-0022.pdf Supplementary Document	2024-12-12
I-129N-006 (formerly OMB-49) 60-Day Public Comment Response Matrix.pdf Supplementary Document	2024-12-12
I-129N-006 (OMB-49) 60 Day FRN.pdf Supplementary Document	2024-12-12
INA Section 214.docx Supplementary Document	2016-01-29
Authority.doc Supplementary Document	2016-01-29

IC Document Collections

IC ID	Document Title	Status
272976	H-2 Petitioner's Employment Related Notification (E-mail) Form and Instruction	New
187513	H-2 Petitioner's Employment Related Notification (Mail-in) Form and Instruction	Modified

ICR Details

OMB Control No: 1615-0107	ICR Reference No: 202412-1615-002
Status: Received in OIRA	Previous ICR Reference No: 202203-1615-007
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129N (Formerly OMB-49)
Title: H-2 Petitioner's Employment Related or Fee Related Notification
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/08/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2025
Responses	9,264	3,757
Time Burden (Hours)	3,892	1,879
Cost Burden (Dollars)	1,855	18,785

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Abstract: USCIS requires H-2 petitioners to notify USCIS when (1) a worker fails to report to work within 5 workdays of the employment start date listed on the petition; (2) the labor or services for which H-2 workers were hired is completed more than 30 days early; (3) a worker leaves the worksite without notice; or (4) a worker is terminated prior to the completion of the labor or services for which the worker was hired. The notification requirement is necessary to ensure that H-2 workers maintain their nonimmigrant status and helps prevent H-2 workers from engaging in unauthorized employment. The information collected in employment-related notification submitted by H-2 petitioners is used by USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). USCIS may forward relevant information to both ICE and CBP. ICE uses the information for future adjudicative purposes and CBP uses it to collect all liquidated damage payments from H-2 petitioners. Establishing compliance with this notification requirement is also a condition of H-2A petitioners being able to request substitutions for H-2A workers who have been admitted to the U.S according to 8 CFR 214.2(h)(5)(ix).

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Authorizing Statute(s): US Code: 8 USC 1184 Name of Law: U.S. Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 80589	10/03/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 97647	12/09/2024
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
H-2 Petitioner's Employment Related Notification (E-mail)	I-129N	H-2 Employment Related Notification
H-2 Petitioner's Employment Related Notification (Mail-in)	I-129N	H-2 Petitioner's Employment Related Notification

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ICR Summary of Burden

	Total Request	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	9,264	3,757	0	-3,757	9,264	0
Annual Time Burden (Hours)	3,892	1,879	0	-1,879	3,892	0
Annual Cost Burden (Dollars)	1,855	18,785	0	-18,785	1,855	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: There is a 2,012 increase to the estimated annual hour burden and a 16,933 decrease in the estimated annual cost burden to respondents as a result of new agency estimates for the number of H-2 Petitioner’s Employment Related Notification respondents for this information collection. USCIS is now tracking all Employment Related Notifications by the method respondents use to send USCIS notifications. As a result, we found a five (5) minute (.4167 hours) time burden reduction per respondent in using the email method to send USCIS notifications. USCIS also changed the form number from “OMB-49” to “I-129N” for naming consistency with other USCIS forms. Additionally, USCIS revised the information collection to remove fee-related notifications as this data is no longer collected and changed the form title accordingly. We also removed the term "absconder" and “abscondment” in an effort to recognize that workers may have valid reasons for leaving their contracts. These additional revisions as stated are related to the Modernizing H-2 Program Requirements, Oversight, and Worker Protections, proposed rule, 88 FR 65040 (Sep. 20, 2023) and are contingent on the successful completion of that rulemaking.

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Annual Cost to Federal Government: $734,449

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.     No

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.     No

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: 01/08/2025

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