Agency Information Collection Activities; New Collection: Petition for Nonimmigrant Worker: H-2A Classification and Petition for Nonimmigrant Worker: H-2B Classification, 46260-46261 [2021-17723]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Citizenship and Immigration Services

[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46260-46261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17723]


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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: 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 proposed 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-2021-0017. Submit comments via the Federal eRulemaking Portal 
website at https://www.regulations.gov under e-Docket ID number 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 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-129H2A, Petition for Nonimmigrant Worker: 
H-2A Classification, and Form I-129H2B, Petition for Nonimmigrant 
Worker: H-2B Classification.
    Form I-129H2A will collect information for the H-2A nonimmigrant 
program. The H-2A program allows U.S. employers or U.S. agents who meet 
specific regulatory requirements to bring noncitizens to the United 
States to fill temporary agricultural jobs.
    Form I-129H2B will collect information for the H-2B nonimmigrant 
program. The H-2B program allows U.S. employers or U.S. agents who meet 
specific regulatory requirements to bring noncitizens to the United 
States to fill temporary nonagricultural jobs.
    USCIS will request approval of Form I-129H2A and Form I-129H2B 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 Form I-129H2A and Form I-129H2B 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-2021-0017 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,

[[Page 46261]]

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 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: 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. 2021-17723 Filed 8-17-21; 8:45 am]
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