Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 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 forprofit. 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] 

BILLING CODE 9111–97–P 

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. 

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 eDocket 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 


jbell on DSKJLSW7X2PROD with NOTICES
46262 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 

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 StatesMexico-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 forprofit. 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 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 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 

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. 

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 


jbell on DSKJLSW7X2PROD with NOTICES