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.
On Wednesday, July 29,
2020, DHS was enjoined by the U.S. District Court for the Southern
District of New York from enforcing, applying, implementing, or
treating as effective the Public Charge Final Rule, which was
implemented on February 24, 2020, in the states of NY, CT, and VT.
USCIS has been advised by the U.S. Department of Justice that the
injunction covers the use of this information collection instrument
approved with the Public Charge Final Rule. In light of the
injunction, USCIS will need to revise this form’s instructions to
provide guidance to filers from those states that they should not
fill out the data elements added pursuant to the Public Charge
Final Rule.
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.
I-129-019-Supporting Statement-PC Injunction.docx
Public Charge Emergency Memo_Final_09012020 2.pdf
Reference Cites.doc
Petition for Nonimmigrant Worker