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[Federal Register: November 27, 2000 (Volume 65, Number 228)]
[Page 70739]
From the Federal Register Online via GPO Access []

[[Page 70739]]



Immigration and Naturalization Service

Agency Information Collection Activities; Comment Request

ACTION: Request OMB Emergency Approval; H-1B Data Collection and Filing 
Fee Exemption


    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. INS is requesting emergency review from OMB of this 
information collection to ensure compliance with Public Law 106-311 and 
Public Law 106-313 (the American Competitiveness in the Twenty-first 
Century Act of 2000) enacted October 17, 2000. This legislation 
increased the additional filing fee and added primary and secondary 
schools and nonprofit entities engaging in established curriculum 
related training to the list of entities exempt from paying the 
additional filing fee. Emergency review and approval of this ICR 
ensures that the collection instrument is in place by the December 17, 
2000 effective date. Therefore, OMB approval has been requested by 
December 1, 2000.
    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, 725-17th Street, N.W., Suite 10235, Washington, DC 
20503; Attention: Ms. Lauren Wittenberg, Department of Justice Desk 
Officer, 202-395-4718. Comments regarding the emergency submission of 
this information collection may also be submitted via facsimile to Ms. 
Wittenberg 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 public and affected agencies concerning this 
information collection. Comments are encouraged and will be accepted 
until January 26, 2001. 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 4034, 425 I 
Street, NW., Washington, DC 20536. Written comments and suggestions 
from the public 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: Revised information 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 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 the INS to determine if an 
H-1B petitioner is exempt from the additional filing fee of $1,000, as 
provided by Section 241(c)(9) of the Immigration and Nationality Act.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: 128,092 
responses at 30 minutes (.50 hours) per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: 64,046 annual burden hours.
    If additional information is required contract: 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: November 20, 2000.
Richard A. Sloan,
Department Clearance Officer, United States Department of Justice, 
Immigration and Naturalization Service.
[FR Doc. 00-30081 Filed 11-24-00; 8:45 am]