Notice2022-03162
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
February 15, 2022
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
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.
Full Text
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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 8601-8602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03162]
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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: 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-2021-0017. 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.
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 46260 allowing for a 60-
day public comment period. USCIS received fourteen comments in
connection with the 60-day notice. USCIS made edits to the I-129H2A and
I-129H2B 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-
2021-0017 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, 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-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
[[Page 8602]]
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: 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. 2022-03162 Filed 2-14-22; 8:45 am]
BILLING CODE 9111-97-P
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