Petition for Nonimmigrant Worker

Forms and Documents

Document Name	Status
Form Form I-129 Petition for Nonimmigrant Worker Form	Modified
1615-AB75 CNMI E-2 FINAL RULE 09-30-10.doc Supplementary Document	2010-10-27
TOC I-129 Inst 10-26-10.doc Supplementary Document	2010-10-27
OMB 83-C.pdf Justification for No Material/Nonsubstantive Change	2010-10-27

IC Document Collections

IC ID	Document Title	Status
20245	Petition for Nonimmigrant Worker Form	Modified

ICR Details

OMB Control No: 1615-0009	ICR Reference No: 201010-1615-010
Status: Historical Active	Previous ICR Reference No: 201006-1615-004
Agency/Subagency: DHS/USCIS	Agency Tracking No:
Title: Petition for Nonimmigrant Worker
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/01/2010
	Date Received in OIRA: 10/27/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2013	10/31/2013	10/31/2013
Responses	395,000	0	395,000
Time Burden (Hours)	1,086,250	0	1,086,250
Cost Burden (Dollars)	128,375,000	0	128,375,000

---

Abstract: This form is necessary for an employer to petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training, in the following categories: H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, Q-1, or R-1 nonimmigrant worker. This form is also necessary for an employer to petition for an extension of stay or change of status for an alien as an E-1, E-2, E-3, or TN nonimmigrant. A petition is not required to apply for an E-1 or E-2 nonimmigrant visa or admission as a TN nonimmigrant. A petition is only required to apply for a change to one of these classifications.

---

Authorizing Statute(s): US Code: 8 USC 1101 Name of Law: U.S. Code
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 6212	02/08/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 37822	06/30/2010
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Petition for Nonimmigrant Worker	Form I-129	Petition for Nonimmigrant Worker

---

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	395,000	395,000	0	0	0	0
Annual Time Burden (Hours)	1,086,250	1,086,250	0	0	0	0
Annual Cost Burden (Dollars)	128,375,000	128,375,000	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: No

Burden Reduction Due to:

Short Statement: The fee increased from $320 to $325. The number of filings reflect the workload volume based on filing trends included in the Final Rule: U.S. Citizenship and Immigration Services Fee Schedule, 1615-AB80.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

---

Common Form ICR:  No

---

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: 10/27/2010

---