[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46263-46265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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

[[Page 46264]]

Federal eRulemaking Portal website at https://www.regulations.gov 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 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-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: https://www.regulations.gov and entering 
USCIS-2021-0015 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 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

[[Page 46265]]

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]
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