Notice2021-17721
Agency Information Collection Activities; New Collection: Petition for Nonimmigrant Worker: E and TN Classifications; Petition for Nonimmigrant Worker: L Classifications; Petition for Nonimmigrant Worker: H-3, P, Q or R Classifications; and Petition for Nonimmigrant Worker: O Classifications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 18, 2021
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) invites the general public and other Federal agencies to comment upon this new collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.
Full Text
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<title>Federal Register, Volume 86 Issue 157 (Wednesday, August 18, 2021)</title>
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[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46261-46263]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17721]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[OMB Control Number 1615-NEW]
Agency Information Collection Activities; New Collection:
Petition for Nonimmigrant Worker: E and TN Classifications; Petition
for Nonimmigrant Worker: L Classifications; Petition for Nonimmigrant
Worker: H-3, P, Q or R Classifications; and Petition for Nonimmigrant
Worker: O Classifications
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: 60-Day notice.
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SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship
and Immigration Services (USCIS) invites the general public and other
Federal agencies to comment upon this new collection of information. In
accordance with the Paperwork Reduction Act (PRA) of 1995, the
information collection notice is published in the Federal Register to
obtain comments regarding the nature of the information collection, the
categories of respondents, the estimated burden (i.e., the time,
effort, and resources used by the respondents to respond), the
estimated cost to the respondent, and the actual information collection
instruments.
DATES: Comments are encouraged and will be accepted for 60 days until
October 18, 2021.
ADDRESSES: All submissions received must include the OMB Control Number
1615-NEW in the body of the letter, the agency name and Docket ID
USCIS-2021-0016. Submit comments via the Federal eRulemaking Portal
website at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under e-Docket ID number USCIS-
2021-0016.
FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy,
Regulatory Coordination Division, Samantha Deshommes, Chief, telephone
number (240) 721-3000 (This is not a toll-free number. Comments are not
accepted via telephone message). Please note contact information
provided here is solely for questions regarding this notice. It is not
for individual case status inquiries. Applicants seeking information
about the status of their individual cases can check Case Status
Online, available at the USCIS website at <a href="https://www.uscis.gov">https://www.uscis.gov</a>, or
call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
SUPPLEMENTARY INFORMATION:
Comments
USCIS is separating Form I-129, Petition for Nonimmigrant Worker,
(OMB control number 1615-0009) into several individual forms. These new
forms will combine information from the main Form I-129 with
information from the current Supplements to create unique forms
tailored to specific nonimmigrant classifications. USCIS believes
separating the current Form I-129 into several individual forms will
consolidate and simplify the information collection requirements for
respondents.
USCIS is creating Form I-129E&TN, Petition for Nonimmigrant Worker:
E and TN Classifications; Form I-129L, Petition for Nonimmigrant
Worker: L Classifications; Form I-129MISC, Petition for Nonimmigrant
Worker: H-3, P, Q or R Classifications; and Form I-129O, Petition for
Nonimmigrant Worker: O Classifications.
Form I-129E&TN will collect information for the E and the TN
nonimmigrant programs. The Treaty Trader (E-1) and Treaty Investor (E-
2) classifications are for citizens of countries with which the United
States maintains treaties of commerce and navigation. An E-2 CNMI or E-
2C
[[Page 46262]]
investor is a noncitizen who seeks to enter or remain in the
Commonwealth of the Northern Mariana Islands (CNMI) in order to
maintain an investment in the CNMI that was approved by the CNMI
government before November 28, 2009. The E-3 classification applies to
nationals of Australia who are coming to the United States solely to
perform services in a specialty occupation requiring theoretical and
practical application of a body of highly specialized knowledge and at
least the attainment of a bachelor's degree, or its equivalent, as a
minimum for entry into the occupation in the United States. The TN
Classification was created to implement part of a trilateral North
American Free Trade Agreement (NAFTA) between Canada, Mexico, and the
United States. The United States-Mexico-Canada Agreement (USMCA) has
replaced NAFTA, and visas previously issued to NAFTA professionals are
now issued to USMCA professionals. Congress has amended 8 U.S.C.
1184(e) to replace references to NAFTA with references to the USMCA.
Form I-129L will collect information for the L nonimmigrant
program. The L-1 intracompany transferee nonimmigrant classification
permits a multinational organization to transfer certain employees from
one of its affiliated foreign entities to one of its entities in the
United States. The L-1A classification is for employees coming to the
United States temporarily to perform services in a managerial or
executive capacity. The L-1B classification is for employees coming to
the United States temporarily to perform services that require
specialized knowledge.
Form I-129MISC will collect information for H-3, P, Q, or R
classifications. The H-3 classification is for noncitizens coming to
the United States temporarily to participate in a special education
exchange visitor program in the education of children with physical,
mental, or emotional disabilities. The P classifications are for
noncitizens coming to the United States as internationally recognized
athletes or teams; professional athletes; theatrical ice skaters; an
entertainment group; artists or entertainers in reciprocal exchange
programs; artists or entertainers coming to perform, teach or coach
under a culturally unique program; or as support personnel for another
nonimmigrant in a P classification. The Q-1 classification is for
noncitizens coming to the United States temporarily to participate in
an international cultural exchange program for the purpose of providing
practical training, employment, and the sharing of the history,
culture, and traditions of the country of the visitor's nationality.
The R-1 classification is for noncitizens coming to the United States
temporarily to be employed at least part time (average of at least 20
hours per week) by a bona fide nonprofit religious organization in the
United States (or a bona fide organization that is affiliated with the
religious denomination in the United States) to work (1) solely as a
minister, (2) in a religious vocation, or (3) in a religious
occupation.
Form I-129O will collect information for the O nonimmigrant
program. The O classifications are for persons with extraordinary
ability in the sciences, arts, education, business, or athletics;
persons with extraordinary achievement in the motion picture or
television industry; and qualifying essential support personnel.
USCIS will request approval of Form I-129E&TN, Form I-129L, Form I-
129MISC, and Form I-129O from OMB as a new information collection.
USCIS previously submitted these forms to OMB for approval during the
2020 USCIS Fee Rule; however, this rule was enjoined and therefore the
approval is not in effect. USCIS has determined that the creation of
this new information collection does not require rulemaking and is
therefore proceeding to seek public comments on these forms via a
notice of information collection published in the Federal Register in
accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3521.
You may access the information collection instrument with
instructions or additional information by visiting the Federal
eRulemaking Portal site at: <a href="https://www.regulations.gov">https://www.regulations.gov</a> and entering
USCIS-2021-0016 in the search box. All submissions will be posted,
without change, to the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and will include any personal information you
provide. Therefore, submitting this information makes it public. You
may wish to consider limiting the amount of personal information that
you provide in any voluntary submission you make to DHS. DHS may
withhold information provided in comments from public viewing that it
determines may impact the privacy of an individual or is offensive. For
additional information, please read the Privacy Act notice that is
available via the link in the footer of <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Written comments and suggestions from the public and affected
agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: New Collection.
(2) Title of the Form/Collection: Petition for Nonimmigrant Worker:
E or TN Classifications; Petition for Nonimmigrant Worker: L
Classifications; Petition for Nonimmigrant Worker: H-3, P, Q, or R
Classifications; Petition for Nonimmigrant Worker: O Classifications.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129E&TN; I-129L; I-129MISC; I-129O;
USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. USCIS
will use the data collected on Form I-129E&TN to determine eligibility
for the requested nonimmigrant classification and/or requests to extend
or change nonimmigrant status. An employer may use this form to apply
to USCIS for an employee to temporarily enter the United States and
work as a TN nonimmigrant. A treaty trader, treaty investor, CNMI
investor, employer, or applicant also uses this form to request an
extension of stay in one of these classifications for an employee or
for themselves, or to change the status of an employee currently in the
United States as a nonimmigrant, or their own status if they are
currently in the United States as a nonimmigrant, to E-1, E-2, E-2C, E-
3, or TN. An employer also uses this form to request an extension of
stay in E-3 classification for an employee, or to change the status of
an employee currently in the United States to an E-3 nonimmigrant. An
employee also uses this form to request an extension of stay in E-3
classification for themselves, or to change their own status to an E-3
[[Page 46263]]
nonimmigrant if they are currently in the United States in a
nonimmigrant status.
USCIS will use the data collected on Form I-129L to determine a
noncitizen's eligibility for L-1A and L-1B classification. The form is
also used to determine whether, in advance of filing the individual L-1
petition, certain petitioning companies or organizations have
established the required intracompany relationship for an LZ Blanket
petition. An employer uses this form to petition USCIS for the
noncitizen to temporarily enter the United States as a nonimmigrant. An
employer also uses this form to request an extension of stay or change
of status on behalf of the noncitizen. The form standardizes these
requests and ensures that the information required for assessing
eligibility is provided by the petitioner about itself and the
noncitizen.
USCIS will use the data collected on Form I-129MISC to determine
eligibility for the requested nonimmigrant classification and/or
requests to extend or change nonimmigrant status. An employer (or agent
or sponsor, where applicable) uses this form to petition USCIS for a
noncitizen to temporarily enter as an H-3, P, Q, or R nonimmigrant. An
employer (or agent or sponsor, where applicable) also uses this form to
request an extension of stay of an H-3, P, Q, or R nonimmigrant worker
or to change the status of a noncitizen currently in the United States
as a nonimmigrant to H-3, P, Q, or R. The form standardizes requests
for H-3, P, Q, or R nonimmigrant workers and ensures that basic
information required for assessing eligibility is provided by the
petitioner.
USCIS will use the data collected on Form I-129O to determine
eligibility for the requested nonimmigrant classification and/or
requests to extend or change nonimmigrant status. An employer or agent
uses this form to petition USCIS for a noncitizen to temporarily enter
as an O nonimmigrant. An employer or agent also uses this form to
request an extension of stay of an O nonimmigrant worker or to change
the status of a noncitizen currently in the United States in another
nonimmigrant classification to O.
These forms also serve the purpose of standardizing petitions or
applications filed for these various nonimmigrant classifications and
ensuring that basic information required for assessing eligibility is
provided by the petitioner or applicant. They also assist USCIS in
compiling information required by Congress annually to assess
effectiveness and utilization of certain nonimmigrant classifications.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-
129E&TN is 12,709 and the estimated hour burden per response is 3
hours; the estimated total number of respondents for the information
collection E-1/E-2 Classification Supplement to Form I-129E&TN is 3,573
and the estimated hour burden per response is 1.75 hours; the estimated
total number of respondents for the information collection E-3
Classification Supplement to Form I-129E&TN is 1,787 and the estimated
hour burden per response is 1 hour; the estimated total number of
respondents for the information collection USMCA Supplement to Form I-
129E&TN is 7,349 and the estimated hour burden per response is 0.5
hours.
The estimated total number of respondents for the information
collection Form I-129L is 42,871 and the estimated hour burden per
response is 3 hours.
The estimated total number of respondents for the information
collection Form I-129MISC is 28,799 and the estimated hour burden per
response is 3 hours; the estimated total number of respondents for the
information collection H-3 Classification Supplement to Form I-129MISC
is 1,449 and the estimated hour burden per response is 0.25 hours; the
estimated total number of respondents for the information collection P
Classification Supplement to Form I-129MISC is 18,524 and the estimated
hour burden per response is 0.5 hours; the estimated total number of
respondents for the information collection Q-1 International Cultural
Exchange Alien Supplement to Form I-129MISC is 295 and the estimated
hour burden per response is 0.167 hours; the estimated total number of
respondents for the information collection R-1 Classification
Supplement to Form I-129MISC is 8,531 and the estimated hour burden per
response is 1 hour; the estimated total number of respondents for the
information collection Attachment 1-Additional Beneficiary for Form I-
129MISC is 6,491 and the estimated hour burden per response is 0.5
hours.
The estimated total number of respondents for the information
collection Form I-129O is 25,516 and the estimated hour burden per
response is 3 hours; the estimated total number of respondents for the
information collection Attachment 1-Additional Beneficiary for Form I-
129O is 1,189 and the estimated hour burden per response is 0.5 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 363,444 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $56,595,925.00.
Dated: August 13, 2021.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, Department of Homeland
Security.
[FR Doc. 2021-17721 Filed 8-17-21; 8:45 am]
BILLING CODE 9111-97-P
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