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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations
temporarily enter as a nonimmigrant.
An employer or agent, where applicable also uses this form to request an extension of stay or change of status on behalf of the alien worker.
The form serves the purpose of standardizing requests for nonimmigrant workers and ensuring that basic information required for assessing eligibility is provided by the petitioner while requesting that beneficiaries be classified under certain nonimmigrant employment categories. It also assists USCIS in compiling information required by Congress annually to assess effectiveness and utilization of certain nonimmigrant classifications.
USCIS also uses the data to determine continued eligibility. For example, the data collected is used in compliance reviews and other inspections to ensure that all program requirements are being met.
5 An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: I129 is 294,751 and the estimated hour burden per response is 3.09 hours; the estimated total number of respondents for the information collection E1/E2 Classification Supplement to Form I129 is 4,760 and the estimated hour burden per response is 0.67 hours; the estimated total number of respondents for the information collection Trade Agreement Supplement to Form I129 is 3,057 and the estimated hour burden per response is 0.67 hours; the estimated total number of respondents for the information collection H Classification Supplement to Form I129 is 96,291
and the estimated hour burden per response is 2 hours; the estimated total number of respondents for the information collection H1B and H1B1
Data Collection and Filing Fee Exemption Supplement is 96,291 and the estimated hour burden per response is 1 hour; the estimated total number of respondents for the information collection L Classification Supplement to Form I129 is 37,831 and the estimated hour burden per response is 1.34 hours; the estimated total number of respondents for the information collection O and P Classifications Supplement to Form I129 is 22,710
and the estimated hour burden per response is 1 hour; the estimated total number of respondents for the information collection Q1
Classification Supplement to Form I
129 is 155 and the estimated hour burden per response is 0.34 hours; the estimated total number of respondents for the information collection R1
Classification Supplement to Form I

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129 is 6,635 and the estimated hour burden per response is 2.34 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 of information is 1,293,873
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 $70,681,290.
J. Signature The Acting Secretary of Homeland Security, Chad F. Wolf, having reviewed and approved this document, is delegating the authority to electronically sign this document to Ian J. Brekke, who is the Senior Official Performing the Duties of the General Counsel for DHS, for purposes of publication in the Federal Register.
List of Subjects in 8 CFR Part 214
Administrative practice and procedure, Aliens, Cultural exchange programs, Employment, Foreign officials, Health professions, Reporting and recordkeeping requirements, Students.
Accordingly, DHS amends part 214 of chapter I of title 8 of the Code of Federal Regulations as follows:
PART 214NONIMMIGRANT CLASSES
1. The authority citation for part 214
continues to read as follows:

Authority: 6 U.S.C. 202, 236; 8 U.S.C.
1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 13011305 and 1372; sec.
643, Pub. L. 104208, 110 Stat. 3009708;
Pub. L. 106386, 114 Stat. 14771480;
section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2;
Pub. L. 115218.

2. Section 214.2 is amended by:
a. Revising the first sentence of paragraph h8iiiA1 introductory text;
b. Adding paragraphs h8iiiA1i and ii;
c. In paragraph h8iiiA5i, revising the last two sentences and adding a sentence at the end;
d. In paragraph h8iiiA5ii, revising the last two sentences and adding a sentence at the end;
e. In paragraph h8iiiA6i, revising the last two sentences and adding a sentence at the end;
f. In paragraph h8iiiA6ii, revising the last two sentences and adding a sentence at the end;

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g. Revising paragraphs h8iiiA7
and h8iiiD1;
h. In paragraph h8ivB1, revising the last three sentences and adding three sentences at the end;
i. Revising paragraph h8ivB2;
j. Removing and reserving paragraph h8v;
k. Revising paragraph h10ii;
l. Revising paragraph h11iiiA2;
m. Redesignating paragraphs h11iiiA3 through 5 as h11iiiA4 through 6; and n. Adding a new paragraph h11iiiA3 and paragraph h24i.
The revisions and additions read as follows:

214.2 Special requirements for admission, extension, and maintenance of status.

h
8
iii
A
1 Except as provided in paragraph h8iv of this section, before a petitioner is eligible to file an H1B cap-subject petition for a beneficiary who may be counted under section 214g1A of the Act H1B
regular cap or eligible for exemption under section 214g5C of the Act H1B advanced degree exemption, the prospective petitioner or its attorney or accredited representative must register to file a petition on behalf of an alien beneficiary electronically through the USCIS website www.uscis.gov.
i Ranking by wage levels. USCIS will rank and select registrations as set forth in paragraphs h8iiiA5 and 6 of this section. For purposes of the ranking and selection process, USCIS will use the highest corresponding Occupational Employment Statistics OES wage level that the proffered wage will equal or exceed for the relevant Standard Occupational Classification SOC code and areas of intended employment. If the proffered wage is lower than the OES wage level I, because it is based on a prevailing wage from another legitimate source other than OES or an independent authoritative source, USCIS will rank the registration in the same category as OES wage level I. If the H1B beneficiary will work in multiple locations, or in multiple positions if the registrant is an agent, USCIS will rank and select the registration based on the lowest corresponding OES wage level that the proffered wage will equal or exceed. Where there is no current OES
prevailing wage information for the proffered position, USCIS will rank and
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