[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Notices]
[Pages 20590-20591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7879]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services


Agency Information Collection Activities: Comment Request

ACTION: Request OMB emergency approval; Petition for nonimmigrant 
worker; Form I-129, edition (Rev. 12/10/2001).

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    The Department of Homeland Security, U.S. Citizenship and 
Immigration Services (USCIS) has submitted the following information 
collection request utilizing emergency review and clearance in 
accordance with section 1320.13(a)(1)(ii) and (1)(2)(iii) of the 
Paperwork Reduction Act of 1995. The USCIS 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. Emergency review and 
approval of this information collection will ensure that the collection 
may continue.
    USCIS is requesting emergency clearance of the December 10, 2001 
version of Form I-129, Petition for Nonimmigrant Worker until April 30, 
2005. While USCIS has received OMB approval of the changes to the 
information collection required by the OAA, many members of the public 
have, in anticipation of the USCIS allocation, already prepared 
petitions for these new visas using the pre-amended Form I-129. In 
order to accommodate this segment of the public, USCIS seeks approval 
of the prior version of the Form I-129 to run concurrent with the new 
amended version until April 30, 2005. After that date approval of the 
old I-129 will expire and the new version of Form I-129 will be the 
only version approved for use.
    USCIS is implementing the OAA and allocating the additional H-1B 
visas through rulemaking in the Federal Register. While that rulemaking 
will contain detailed filing instructions to the public, USCIS is aware 
that some members of the public may only see the form itself and not be 
aware of the rulemaking. To address this possibility, USCIS will post 
the information on the form download page on its Web site. This will 
ensure that no one will receive this form without instruction on the 
proper filing method.
    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, NW., Suite 10235, Washington, 
DC 20503; Attention: Department of Homeland Security Desk Officer. 
Comments regarding the emergency submission of this information 
collection may also be submitted via facsimile to (202) 395-6974.
    During this review, USCIS invites written comments and suggestions 
from the public and affected agencies concerning this information 
collection. Comments are encouraged and will be accepted until April 
30, 2005. 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

[[Page 20591]]

technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    (5) Overview of this information collection:
    (1) Type of Information Collection: New collection of approved 
information collection.
    (2) Title of the Form/Collection: Petition for Nonimmigrant Worker.
    (3) Agency form number, if any and the applicable component of the 
Department of Homeland Security sponsoring the collection: Form I-129. 
U.S. Citizenship and Immigration Services (Rev. 12/10/2001).
    (4) Affected public who will be asked or required to respond, as 
well as brief abstract: Primary: Individuals or households. This form 
is used by an employer to petition for aliens to come to the U.S. 
temporarily to perform services, labor, and training or to request 
extensions of stay or changes in nonimmigrant status for nonimmigrant 
workers.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: 368,948 
responses at 2.75 hours per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: 1,014,607 annual burden hours.
    If you have additional comments, suggestions, or need a copy of the 
proposed information. Additionally, comments and/or suggestions 
regarding the item(s) contained in this notice, especially regarding 
the estimated public burden and associated response time may also be 
directed to Mr. Richard Sloan, Director, Regulatory Management 
Division, U.S. Department of Homeland Security, 111 Massachusetts 
Avenue NW., 3rd Floor, Washington, DC 20529.
    If additional information is required contact: Stephen Cooper, 
Department Clearance Officer, United States Department of Homeland 
Security, Regional Office Building 3, 7th and D Streets, SW., 
Washington, DC 20530.

    Dated: April 15, 2005.
Richard A. Sloan,
Director, Regulatory Management Division, U.S. Citizenship and 
Immigration Services.
[FR Doc. 05-7879 Filed 4-19-05; 8:45 am]
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