This form change
is approved to take effect on October 2, 2020. USCIS will display
both the current version and the new Fee Rule version of the form
for a period of time up to the effective date of the new form,
which is concurrent with the effective date of the associated
rulemaking (October 2, 2020). USCIS will clearly identify filing
dates for each form version and provide instructions on when and
how to correctly file both versions. Upon the effective date of the
new version of the form, USCIS will remove the old version of the
form from its website. Approved for two years only due to partial
GPEA compliance.
Inventory as of this Action
Requested
Previously Approved
09/30/2022
36 Months From Approved
03/31/2021
402,034
0
294,751
1,608,136
0
1,072,810
207,047,510
0
70,681,290
USCIS uses the data collected on this
form to determine eligibility for the requested nonimmigrant
classification and/or requests to extend or change nonimmigrant
status. An employer (or agent, where applicable) uses this form to
petition USCIS for an alien to temporarily enter as an H-1B or
H-1B1 nonimmigrant. An employer (or agent, where applicable) also
uses this form to request an extension of stay of an H-1B or H-1B1
nonimmigrant worker or to change the status of an alien currently
in the United States as a nonimmigrant to H-1B or H-1B1. The form
serves the purpose of standardizing requests for H-1B and H-1B1
nonimmigrant workers and ensuring that basic information required
for assessing eligibility is provided by the petitioner while
requesting that beneficiaries be classified under the H-1B or H-1B1
nonimmigrant employment categories. It also assists USCIS in
compiling information required by Congress annually to assess
effectiveness and utilization of certain nonimmigrant
classifications. Data collected on employers is provided to the
media, researchers, and the general public on the H-1B Employer
Data Hub to provide information on employers petitioning for H-1B
workers.
USCIS is changing the Form
number associated with this OMB Control Number from Form I-129 to
Form I-129H1. The title of this information collection is changing
from “Petition for Nonimmigrant Worker” to “Petition for
Nonimmigrant Worker: H-1 Classifications.” This form may now be
used only to file petitions for H-1B and H-1B1 nonimmigrants. All
other nonimmigrant classification petitions for which Form I-129
was previously used must now be filed using the Forms for those
specific classifications. The annual estimated time burden for this
information collection has increased as a result of an increase in
the estimated number of respondents. The annual estimated cost
burden for this information collection has increased. The estimated
number of respondents has increased.
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.