Agency Information Collection Activities; New Collection: Petition for a Nonimmigrant Worker: H-1 Classifications
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Issuing agencies
Abstract
The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The purpose of this notice is to allow an additional 30 days for public comments.
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<title>Federal Register, Volume 87 Issue 12 (Wednesday, January 19, 2022)</title>
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[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Pages 2891-2892]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00942]
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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: 30-Day notice.
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SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship
and Immigration Services (USCIS) will be submitting the following
information collection request to the Office of Management and Budget
(OMB) for review and clearance in accordance with the Paperwork
Reduction Act of 1995. The purpose of this notice is to allow an
additional 30 days for public comments.
DATES: Comments are encouraged and will be accepted until February 18,
2022.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice, especially regarding the estimated public
burden and associated response time, must be submitted via the Federal
eRulemaking Portal website at <a href="http://www.regulations.gov">http://www.regulations.gov</a> under e-Docket
ID number USCIS-2021-0015. 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.
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="http://www.uscis.gov">http://www.uscis.gov</a>, or call
the USCIS Contact Center at (800) 375-5283; TTY (800) 767-1833.
SUPPLEMENTARY INFORMATION:
Comments
The information collection notice was previously published in the
Federal Register on August 18, 2021, at 86 FR 46263 allowing for a 60-
day public comment period. USCIS received twelve comments in connection
with the 60-day notice.
USCIS made edits to the I-129H1 Form and Instructions in response
to comments. USCIS also removed form items and instructional language
that were associated with the final rule 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). That rule was withdrawn on December 22, 2021 via
publication of a final rule in the Federal Register titled Modification
of Registration Requirement for Petitioners Seeking To File Cap-Subject
H-1B Petitions, Implementation of Vacatur (86 FR 72516), as were
information collection elements associated with that rule that would
have gone into effect had the rule not been withdrawn. Therefore, the
form items and instructional language associated with the January 2021
final rule that were included in the 60-day notice version of Form I-
129H1 are not being implemented.
You may access the information collection instrument with
instructions, or additional information by visiting the Federal
eRulemaking Portal site at: <a href="http://www.regulations.gov">http://www.regulations.gov</a> and enter USCIS-
2021-0015in the search box. The comments submitted to USCIS via this
method are visible to the Office of Management and Budget and comply
with the requirements of 5 CFR 1320.12(c). All submissions will be
posted, without change, to the Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://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="http://www.regulations.gov">http://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
[[Page 2892]]
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 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 1,608,136 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 $207,047,510.
Dated: January 13, 2022.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, Department of Homeland
Security.
[FR Doc. 2022-00942 Filed 1-18-22; 8:45 am]
BILLING CODE 9111-97-P
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