Agency Information Collection Activities; Comment Request

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

Agency Information Collection Activities; Comment Request

ACTION: Request OMB emergency approval; H-1B data collection and filing

fee exemption.

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The Department of Justice, Immigration and Naturalization Service

(INS) 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. The INS has determined that it cannot reasonably comply with the

normal clearance procedures under this part because normal clearance

procedures are reasonably likely to prevent or disrupt the collection

of information. Therefore, OMB approval has been requested by October

15, 1999. If granted, the emergency approval is only valid for 180

days. ALL comments and/or questions pertaining to this pending request

for emergency approval MUST be directed to OMB, Office of Information

and Regulatory Affairs, Attention: Mr. Stuart Shapiro, 202-395-7316,

Department of Justice Desk Officer, Washington, DC 20503 before October

15, 1999. Comments regarding the emergency submission of this

information collection may also be submitted via facsimile to Mr.

Shapiro at 202-395-6974.

During the first 60 days of this same period, a regular review of

this information collection is also being undertaken. During the

regular review period, the INS requests written comments and

suggestions from the pubic and affected agencies concerning this

information collection. Comments are encouraged and will be accepted

until December 6, 1999. During the 60-day regular review, ALL comments

and suggestions, or questions regarding additional information, to

include obtaining a copy of the information collection instrument with

instructions, should be directed to Mr. Richard A. Sloan, 202-514-3291,

Director, Policy Directives and Instructions Branch, Immigration and

Naturalization Service, U.S. Department of Justice, Room 5307, 435 I

Street, NW., Washington, DC 20536. Written comments and suggestions

from the pubic and affected agencies concerning the proposed 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

submission of responses.

Overview of This Information Collection

1. Type of Information Collection: Revision of a currently approved

collection.

2. Title of the Form/Collection: H-1B Data Collection and Filing

Fee Exemption.

3. Agency form number, if any, and the applicable component of the

Department of Justice sponsoring the collection: Form I-129W.

Adjudications Division, Immigration and Naturalization Service.

4. Affected pubic who will be asked or required to respond, as well

as a brief abstract: Primary: Business or other for-profit. This

addendum to Form I-129 will be used by the INS to determine if an H-1B

petitioner is exempt from the additional filing fee of $500, as

provided by the American Competitiveness and Workforce Improvement Act

of 1998.

5. An estimate of the total number of respondents and the amount of

time estimated for an average respondent to respond: 190,000 responses

at 30 minutes per response.

6. An estimate of the total pubic burden (in hours) associated with

the collection: 95,000 annual burden hours.

If additional information is required contact: Mr. Robert B.

Briggs, Clearance Officer, United States Department of Justice,

Information Management and Security Staff, Justice Management Division,

Suite 850, Washington Center, 1001 G Street, NW., Washington, DC 20530.

Dated: September 29, 1999.

Richard A. Sloan,

Department Clearance Officer, United States Department of Justice,

Immigration and Naturalization Service.

[FR Doc. 99-26132 Filed 10-6-99; 8:45 am]

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