Petition for Nonimmigrant Worker: H-2A Classification

Forms and Documents

Document Name	Status
Form I-129H2A Petition for a Nonimmigrant Worker: H-2A Classification Form	New
I-129H2A-SupportingStatement-Fee-Rule-NPRM.docx Supporting Statement A	2019-11-14
DHS-UCSIS-PIA-016_CLAIMS3_09052008.pdf Supplementary Document	2019-11-07
DHS-USCIS-PIA-061_03152016.pdf Supplementary Document	2019-11-07
DHS-USCIS-PIA-003b_02282017.pdf Supplementary Document	2019-11-07
DHS-USCIS-018_SORN_07312018.pdf Supplementary Document	2019-11-07
DHS-USCIS-007_SORN_10192016.pdf Supplementary Document	2019-11-07
DHS-USCIS-ICE-CBP-001_SORN_11212013.pdf Supplementary Document	2019-11-07
Reference Cites.doc Supplementary Document	2019-11-07

IC Document Collections

IC ID	Document Title	Status
238486	Joint Employer Supplement for Form I-129H2A	New
238485	Named Worker Attachment for Form I-129H2A	New
238484	Petition for a Nonimmigrant Worker: H-2A Classification Form	New

ICR Details

OMB Control No: 1615-0150	ICR Reference No: 201911-1615-019
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129H2A
Title: Petition for Nonimmigrant Worker: H-2A Classification
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 12/23/2019
	Date Received in OIRA: 11/27/2019
Terms of Clearance: In accordance with 5 CFR 1320, OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. Any previous terms of clearance continue to apply.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: USCIS uses the data collected on this form to determine eligibility for the requested H-2A nonimmigrant petition and/or requests to extend or change nonimmigrant status. An employer or agent uses this form to petition USCIS for an alien to temporarily enter as a nonimmigrant. An employer or agent 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 H-2A nonimmigrant workers, and ensuring that basic information required for assessing eligibility is provided by the petitioner. It also assists USCIS in compiling information required by Congress to assess effectiveness and utilization of certain nonimmigrant classifications.

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Authorizing Statute(s): US Code: 8 USC 1184(c)(1) Name of Law: Admission of Nonimmigrants
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC18	Proposed rulemaking	84 FR 62280	11/14/2019

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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: 3

IC Title	Form No.	Form Name
Joint Employer Supplement for Form I-129H2A
Petition for a Nonimmigrant Worker: H-2A Classification	I-129H2A	Petition for a Nonimmigrant Worker: H-2A Classification
Named Worker Attachment for Form I-129H2A

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Original Form I-129 has been separated into multiple variants to be used by the specific individual impacted by the employment classification. Form I-129H2A is created for all persons who previously filed USCIS Form I-129 and selected H-2A classification.

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Annual Cost to Federal Government: $5,509,024

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? Uncollected

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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: 11/27/2019

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