Notice2021-17724
Agency Information Collection Activities; New Collection: Petition for a Nonimmigrant Worker: H-1 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 46263-46265]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17724]
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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 a Nonimmigrant Worker: H-1 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-2021-0015. Submit comments via the
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Federal eRulemaking Portal website at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under
e-Docket ID number USCIS-2021-0015.
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-129H1, Petition for Nonimmigrant Worker:
H-1B Classifications, to collect information for the H-1B and H-1B1
nonimmigrant programs. The H-1B classification is for individuals who
will perform services in a specialty occupation, services of
exceptional merit and ability relating to a Department of Defense
cooperative research and development project, or services as a fashion
model of distinguished merit or ability. The H-1B1 classification is
for nationals of Singapore or Chile engaging in specialty occupations.
The information collection instrument posted with this 60-day
Federal Register Notice includes changes associated with the final rule
USCIS published on January 8, 2021 titled, Modification of Registration
Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions
(86 FR 1676) (H-1B Selection Final Rule). On February 8, 2021, USCIS
published a rule delaying the effective date of the H-1B Selection
Final Rule to December 31, 2021, titled, Modification of Registration
Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions;
Delay of Effective Date (86 FR 8543). The H-1B Selection Final Rule
changes in the information collection instrument will not be
implemented before that rule's new effective date of December 31, 2021.
USCIS will request approval of Form I-129H1 from OMB as a new
information collection. USCIS previously submitted Form I-129H1 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-129H1 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-2021-0015 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 a Nonimmigrant
Worker: H-1 Classifications.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-129H1; 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 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 a noncitizen to temporarily enter
the United States 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
a beneficiary 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. USCIS compiles data from this form
to provide information required by Congress annually to assess the
effectiveness and utilization of certain nonimmigrant classifications.
Data collected on employers petitioning for H-1B beneficiaries is
provided to the media, researchers, and the general public via the H-1B
Employer Data Hub.
(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-129H1
is 402,034 and the estimated hour burden per response is 4.25 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 1,708,644.50 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this
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collection of information is $207,047,510.
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. 2021-17724 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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