[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46261-46263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17721]


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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: 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-2021-0016. Submit comments via the Federal eRulemaking Portal 
website at https://www.regulations.gov under e-Docket ID number 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 https://www.uscis.gov, 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-129E&TN, Petition for Nonimmigrant Worker: 
E and TN Classifications; Form I-129L, Petition for Nonimmigrant 
Worker: L Classifications; Form I-129MISC, Petition for Nonimmigrant 
Worker: H-3, P, Q or R Classifications; and Form I-129O, Petition for 
Nonimmigrant Worker: O Classifications.
    Form I-129E&TN will collect information for the E and the TN 
nonimmigrant programs. The Treaty Trader (E-1) and Treaty Investor (E-
2) classifications are for citizens of countries with which the United 
States maintains treaties of commerce and navigation. An E-2 CNMI or E-
2C

[[Page 46262]]

investor is a noncitizen who seeks to enter or remain in the 
Commonwealth of the Northern Mariana Islands (CNMI) in order to 
maintain an investment in the CNMI that was approved by the CNMI 
government before November 28, 2009. The E-3 classification applies to 
nationals of Australia who are coming to the United States solely to 
perform services in a specialty occupation requiring theoretical and 
practical application of a body of highly specialized knowledge and at 
least the attainment of a bachelor's degree, or its equivalent, as a 
minimum for entry into the occupation in the United States. The TN 
Classification was created to implement part of a trilateral North 
American Free Trade Agreement (NAFTA) between Canada, Mexico, and the 
United States. The United States-Mexico-Canada Agreement (USMCA) has 
replaced NAFTA, and visas previously issued to NAFTA professionals are 
now issued to USMCA professionals. Congress has amended 8 U.S.C. 
1184(e) to replace references to NAFTA with references to the USMCA.
    Form I-129L will collect information for the L nonimmigrant 
program. The L-1 intracompany transferee nonimmigrant classification 
permits a multinational organization to transfer certain employees from 
one of its affiliated foreign entities to one of its entities in the 
United States. The L-1A classification is for employees coming to the 
United States temporarily to perform services in a managerial or 
executive capacity. The L-1B classification is for employees coming to 
the United States temporarily to perform services that require 
specialized knowledge.
    Form I-129MISC will collect information for H-3, P, Q, or R 
classifications. The H-3 classification is for noncitizens coming to 
the United States temporarily to participate in a special education 
exchange visitor program in the education of children with physical, 
mental, or emotional disabilities. The P classifications are for 
noncitizens coming to the United States as internationally recognized 
athletes or teams; professional athletes; theatrical ice skaters; an 
entertainment group; artists or entertainers in reciprocal exchange 
programs; artists or entertainers coming to perform, teach or coach 
under a culturally unique program; or as support personnel for another 
nonimmigrant in a P classification. The Q-1 classification is for 
noncitizens coming to the United States temporarily to participate in 
an international cultural exchange program for the purpose of providing 
practical training, employment, and the sharing of the history, 
culture, and traditions of the country of the visitor's nationality. 
The R-1 classification is for noncitizens coming to the United States 
temporarily to be employed at least part time (average of at least 20 
hours per week) by a bona fide nonprofit religious organization in the 
United States (or a bona fide organization that is affiliated with the 
religious denomination in the United States) to work (1) solely as a 
minister, (2) in a religious vocation, or (3) in a religious 
occupation.
    Form I-129O will collect information for the O nonimmigrant 
program. The O classifications are for persons with extraordinary 
ability in the sciences, arts, education, business, or athletics; 
persons with extraordinary achievement in the motion picture or 
television industry; and qualifying essential support personnel.
    USCIS will request approval of Form I-129E&TN, Form I-129L, Form I-
129MISC, and Form I-129O 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 these forms 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: https://www.regulations.gov and entering 
USCIS-2021-0016 in the search box. All submissions will be posted, 
without change, to the Federal eRulemaking Portal at https://www.regulations.gov, 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 https://www.regulations.gov.
    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 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

[[Page 46263]]

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 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: 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. 2021-17721 Filed 8-17-21; 8:45 am]
BILLING CODE 9111-97-P