Agency Information Collection Activities; New Collection: Petition for Nonimmigrant Worker: H-2A Classification and Petition for Nonimmigrant Worker: H-2B Classification, 8601-8602 [2022-03162]

Agencies

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

[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8601-8602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://www.regulations.gov 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 https://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 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: https://www.regulations.gov 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 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-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