[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8599-8601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 http://www.regulations.gov 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 http://www.uscis.gov, 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: http://www.regulations.gov 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 http://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 http://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,

[[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

[[Page 8601]]

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