This form is
only approved for two years due to non-compliance with the
Government Paperwork Elimination Act. In the interim years between
approvals, USCIS will work on allowing for electronic signatures
and submission and will report back to OMB prior to submitting the
form for extension on the agency's progress as well as ways it has
worked to further streamline the collection and minimize the data
requested.
Inventory as of this Action
Requested
Previously Approved
10/31/2021
36 Months From Approved
01/31/2022
294,751
0
294,751
837,093
0
1,072,810
70,681,290
0
70,680,553
USCIS needs the information collected
through this form and accompanying supplements to determine whether
the foreign national beneficiary (ies) is(are) eligible for the
nonimmigrant status being sought and that the petitioning employer
is eligible to hire the foreign worker. The statutory authority is
section 214(c)(1) of the Immigration and Nationality Act (Act) and
the regulatory authority is 8 CFR 214.2 (h)(2)(i)(A), (l)(2)(i),
(o)(2)(i), (p)(2)(i), (q)(2)(i), and (r)(3). A U.S. employer, or
their 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. A Form I-129
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. The statutory
authority for collecting information for the E-3s and H-1B1
classifications can be found in section 101(a)(15)(E)(iii) and
(H)(i)(b1) of the Act. The additional regulatory authority for
collection of this information for E-1s, E-2s, and TNs is found in
8 CFR 214.2(e)(1) and 8 CFR 214.6. In addition to this collection
serving as the tool to collect data on the form and the supplements
themselves, it also provides the avenue through which employers or
agents submit documentary evidence to establish eligibility for the
nonimmigrant classification being sought. Biometric information is
required to be collected from a beneficiary in the Commonwealth of
the Northern Mariana Islands (CNMI) or if requested in accordance
with 8 CFR 103.2(b)(9). DHS may collect and store for present or
future use, by electronic or other means, the biometric information
submitted by an individual. DHS may use this biometric information
to conduct background and security checks, adjudicate the
nonimmigrant petition, and perform other functions related to
administering and enforcing the immigrant and nationality laws.
USCIS uses the data collected on this form to determine eligibility
for the requested nonimmigrant petition and/or requests to extend
or change nonimmigrant status. (See USCIS response to Question 1 of
this supporting statement, above). An employer uses this form to
petition USCIS for an alien to temporarily enter as a nonimmigrant.
An employer also uses this form to request an extension of stay or
change of status on behalf of the alien worker. The form serves the
purpose of standardizing requests for nonimmigrant workers, and
ensuring that basic information required for assessing eligibility
is provided by U.S. employers while seeking that beneficiaries be
classified under certain nonimmigrant employment categories. It
also assists USCIS in compiling information required by Congress
annually to assess effectiveness and utilization of certain
nonimmigrant classifications.
There has been an increase in
the estimated annual time burden for this collection of
information. USCIS increased the estimated time burden per response
for Form I-129 from 2.34 to 2.84 hours, to account for the
additional questions added to the form to collect information
regarding public charge factors. These changes are necessitated by
the public charge rulemaking. There has been an increase in the
estimated annual cost burden to respondents for this collection of
information do to an adjustment from a rounded number to the whole
number when estimating the cost per respondent.
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 Nonimmigrant Worker
I129-INS-TOC-PubCharge-FinalRule-09242019.docx
privacy-pia-003b-uscis-iddmp-feb28,2017.pdf
Reference Cites.doc
Petition for Nonimmigrant Worker