Petition for a Nonimmigrant Worker

Forms and Documents

Document Name	Status
Form I-129 e-file Petition for a Nonimmigrant Worker (e-file) Form and Instruction	New
I-129-046 83C.pdf Justification for No Material/Nonsubstantive Change	2024-08-06
I-129-046 83C Online SS 07152024.docx Supporting Statement A	2024-08-06
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf Supplementary Document	2020-09-03
PIA-016(a)_USCIS_CLAIMS3_03252016.pdf Supplementary Document	2019-10-25
PIA-003_USCIS_IDDMP_01052007.pdf Supplementary Document	2019-10-25
DHS-USCIS-ICE-CBP-001_09182017_82FR43556.pdf Supplementary Document	2019-10-25
DHS-USCIS-018_07312018_83FR36950.pdf Supplementary Document	2019-10-25
DHS-USCIS-007_10192016_81FR72069.pdf Supplementary Document	2019-10-25
Reference Cites.docx Supplementary Document	2020-09-03

IC Document Collections

IC ID	Document Title	Status
269876	Petition for a Nonimmigrant Worker (e-file) Form and Instruction	New
20245	Petition for a Nonimmigrant Worker (paper) Instruction	Modified

ICR Details

OMB Control No: 1615-0009	ICR Reference No: 202408-1615-003
Status: Received in OIRA	Previous ICR Reference No: 202402-1615-008
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-129
Title: Petition for a 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	Date Submitted to OIRA: 09/09/2024

	Requested	Previously Approved
Expiration Date	02/28/2027	02/28/2027
Responses	572,606	572,606
Time Burden (Hours)	2,079,594	2,143,025
Cost Burden (Dollars)	149,694,919	137,310,919

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Abstract: USCIS uses Form I-129 and accompanying supplements to determine whether the petitioner and foreign national beneficiary(ies) is (are) eligible for the nonimmigrant classification. A U.S. employer, or 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. The non-substantial change is adding the electronic filing option.

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Authorizing Statute(s): US Code: 8 USC 1101
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC68	Final or interim final rulemaking	89 FR 6194	01/31/2024

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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: 2

IC Title	Form No.	Form Name
Petition for a Nonimmigrant Worker (e-file)	I-129 e-file	Petition for a Nonimmigrant Worker
Petition for a Nonimmigrant Worker (paper)	I-129 (paper)	Petition for a Nonimmigrant Worker

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ICR Summary of Burden

	Total Request	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	572,606	572,606	0	0	0	0
Annual Time Burden (Hours)	2,079,594	2,143,025	0	-63,431	0	0
Annual Cost Burden (Dollars)	149,694,919	137,310,919	0	12,384,000	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to: Using Information Technology

Short Statement: USCIS is updating the online filing process for Form I-129 to add the passport fields country of issuance, document number, and expiration contained within the H-classification supplement section to match the paper form. These fields we are adding to the online filing process already appear on the current paper form as Item Number 5.b. under the H-classification supplement section. The change in the total hour and cost burden estimates is due to a change in the estimated number of respondents for the I-129 e-filings.

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Annual Cost to Federal Government: $3,434,894,298

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? No

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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: 09/09/2024

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