[Federal Register: December 15, 2004 (Volume 69, Number 240)]
[Notices]               
[Page 75078]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de04-87]                         

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DEPARTMENT OF HOMELAND SECURITY

Bureau of Citizenship and Immigration Services

 
Agency Information Collection Activities: Comment Request

ACTION: Notice of 60-Day Information Collection Under Review, OMB 
Emergency Approval Requested: H-1B Data Collection and Filing Fee 
Exemption, Form No. I-129W.

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    The Department of Homeland Security, U.S. Citizenship and 
Immigration Services (USCIS) has submitted an emergency information 
collection request (ICR) utilizing emergency review procedures to the 
Office of Management and Budget (OMB) for review and clearance in 
accordance with section 1320.13(a)(1)(ii) and (a)(2)(iii) of the 
Paperwork Reduction Act of 1995. USCIS has determined that it cannot 
comply with the normal clearance procedures under this part because the 
normal clearance procedures are likely to prevent or disrupt the 
collection of information. USCIS is requesting emergency review from 
OMB of this information collection to ensure compliance with the H-1B 
Visa Reform Act of 2004. Section 22 of the H-1B Visa Reform Act amends 
section 214(c)(9) of the Immigration and Nationality Act (INA), and 
states that the Secretary of the Department of Homeland Security shall 
impose a fee on an employer filing an H-1B petition on or after 
December 9, 2004, to initially grant an alien H-1B nonimmigrant 
classification to extend the stay of an H-1B nonimmigrant for the first 
time, or to request a change in employers for H-1B nonimmigrant status. 
Institutions of higher education, or related or affiliated nonprofit 
entities, and nonprofit or governmental research organizations are 
exempt from paying the additional fee. Accordingly, USCIS is revising 
the Form I-129W to reflect the new requirements of the H-1B Visa Reform 
Act of 2004.
    Emergency review and approval of this ICR ensures that the 
collection instrument is in place by the effective date of the 
legislation.
    If granted, the emergency approval is only valid for 180 days. All 
comments and/or questions pertaining to this request for emergency 
approval must be directed to OMB, Office of Information and Regulatory 
Affairs, 725 17th Street, NW., Suite 10235, Washington, DC 20503; 
Attention: Desk Officer; 202-395-4718.
    During the first 60 days of this period, a regular review of this 
information collection will also be undertaken. During the regular 
review period, the USCIS requests and encourages written comments and 
suggestions from the public and affected agencies concerning this 
information collection; comments will be accepted until February 14, 
2005. During the 60-day regular review, all comments and suggestions, 
or questions should be directed to Mr. Richard Sloan, Director, 
Regulatory Management Division, U.S. Citizenship and Immigration 
Services, 111 Massachusetts Avenue, NW., Washington, DC 20529; 202-616-
7598.
    Written comments and suggestions from the public and affected 
agencies concerning the collection of information 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 agencies 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 
Overview of this information collection:
    (1) Type of information collection: Revised information collection.
    (2) Title of the form/collection: H-1B Data Collection and Filing 
Fee Exemption.
    (3) Agency form number, if any, the applicable component of the 
Department of Homeland Security sponsoring the collection: Form I-129W. 
Office of Policy and Strategy, U.S. Citizenship and Immigration 
Services.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Business or other for-profit. This 
addendum to the Form I-129 will be used by USCIS to impose a fee on an 
employer filing an H-1B petition.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: 148,092 
responses at 30 minutes (.50 hours) per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: 74,046 annual burden hours.

    Dated: December 9, 2004.
Richard A. Sloan,
Director, Regulatory Management Division, U.S. Citizenship and 
Immigration Services, Department of Homeland Security.
[FR Doc. 04-27393 Filed12-14-04; 8:45 am]

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