Notice2021-17723
Agency Information Collection Activities; New Collection: Petition for Nonimmigrant Worker: H-2A Classification and Petition for Nonimmigrant Worker: H-2B Classification
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 proposed 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 46260-46261]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17723]
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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: H-2A Classification and Petition for
Nonimmigrant Worker: H-2B Classification
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 proposed 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-2021-0017. 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-
2021-0017.
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-129H2A, Petition for Nonimmigrant Worker:
H-2A Classification, and Form I-129H2B, Petition for Nonimmigrant
Worker: H-2B Classification.
Form I-129H2A will collect information for the H-2A nonimmigrant
program. The H-2A program allows U.S. employers or U.S. agents who meet
specific regulatory requirements to bring noncitizens to the United
States to fill temporary agricultural jobs.
Form I-129H2B will collect information for the H-2B nonimmigrant
program. The H-2B program allows U.S. employers or U.S. agents who meet
specific regulatory requirements to bring noncitizens to the United
States to fill temporary nonagricultural jobs.
USCIS will request approval of Form I-129H2A and Form I-129H2B 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 Form I-129H2A and Form I-129H2B 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-2021-0017 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,
[[Page 46261]]
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 a Nonimmigrant
Worker: H-2A Classification and Petition for a Nonimmigrant Worker: H-
2B Classification.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129H2A; I-129H2B; 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-129H2A 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 a noncitizen to temporarily enter as an H-2A
nonimmigrant. An employer or agent also uses this form to request an
extension of stay or change of status on behalf of the noncitizen
worker.
USCIS will use the data collected on Form I-129H2B to determine
eligibility for the requested H-2B nonimmigrant petition 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 H-2B nonimmigrant. An employer or agent also uses this form to
request an extension of stay or change of status on behalf of the
noncitizen worker.
Both forms serve the purpose of standardizing requests for
nonimmigrant workers in the H-2A and H-2B classifications and ensuring
that basic information required for assessing eligibility is provided
by the petitioner. 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-
129H2A is 12,008 and the estimated hour burden per response is 3 hours;
the estimated total number of respondents for the information
collection Form I-129H2A Named Worker Attachment is 2,740 with 24
responses per respondent and the estimated hour burden per response is
0.5 hours; the estimated total number of respondents for the
information collection Form I-129H2A Joint Employer Supplement is 5,000
and the estimated hour burden per response is 0.167 hours; the
estimated total number of respondents for the information collection
Form I-129H2B is 6,340 and the estimated hour burden per response is 3
hours; the estimated total number of respondents for the information
collection Form I-129H2B Named Worker Attachment is 2,421 with 24
responses per respondent 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 117,811 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 $12,024,220.
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. 2021-17723 Filed 8-17-21; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on August 18, 2021.
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