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
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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 31 (Tuesday, February 15, 2022)</title>
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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8599-8601]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03161]
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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: 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 March 17,
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-2021-0016. 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.
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 46261 allowing for a 60-
day public comment period. USCIS received nine comments in connection
with the 60-day notice. USCIS made edits to the I-129E&TN, I-129L, I-
129MISC, and I-129O Forms and Instructions in response to comments.
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-
2021-0016 in 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,
[[Page 8600]]
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
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
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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: February 9, 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. 2022-03161 Filed 2-14-22; 8:45 am]
BILLING CODE 9111-97-P
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