Supp Statement 10-9-09

Supp Statement 10-9-09.DOC

Nonimmigrant Petition Based on Blanket L. Petition

OMB: 1615-0010

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SUPPORTING STATEMENT

Nonimmigrant Petition Based on Blanket L Petition

Form I-129S

(OMB No. 1615-0010)

  1. JUSTIFICATION.

  1. Sections 214(c)(2) and 101(a)(15)(L) of the Immigration and Nationality Act (Act) establishes a blanket petition process to allow certain businesses with significant past records of importing nonimmigrant intra-company transferees, to file a blanket L petition to resolve many of the issues surrounding eligibility, to expedite the process when they identify an individual worker later. In accordance with 8 CFR 214.2(l)(5)(ii)(C), when a qualifying organization seeks to transfer an alien to the United States against a blanket petition, the qualifying organization completes the Form I-129S. The alien must provide the consular officer, or a U.S. Citizenship and Immigration Service (USCIS) officer with the completed Form I-129S for a visa-exempt alien or involves a change of status.

  2. The data collected on this form will be used by USCIS to collect information used by employers to classify employees outside the United States as executives, managers, or specialized-knowledged professionals, as nonimmigrant intra-company transferees pursuant to a previously approved blanket petition in accordance with sections 214(c)(2) and 101(a)(15)(L) of the Act.

  3. The use of Form I-129S provides the most efficient means for collecting and processing the required data. Currently, USCIS does not have the automated capability in place to accept electronic submission of application. This form can be completed electronically but cannot be submitted electronically. However, this form has been designated for e-filing under the Business Transformation Project.

  4. A review of the USCIS’s Forms Inventory Report revealed no duplication of effort, and there is no other information currently available which can be used for this purpose.

  5. This collection of information does not have an impact on small businesses or other small entities.

  6. Without this information collection, foreign-based businesses would be unable to establish businesses or transfer/locate employees within the United States. This information collection is used by employers to classify employees outside the United States as executives, managers, or specialized-knowledged professionals as nonimmigrant intra-company transferees pursuant to a previously approved blanket petition in accordance with sections 214(c)(2) and 101(a)(15)(L) of the Act.

  7. There are no special circumstances applicable to this information collection.

  8. On June 25, 2009, USCIS published a 60-day notice in the Federal Register at 74 FR 30314. On October 6, 2009, USCIS published a 30-day notice in the Federal Register at 74 FR 51301. USCIS did not receive comments for this information collection.

  9. USCIS does not provide payments or gifts to respondents in exchange for a benefit sought.

  10. There is no assurance of confidentiality.

  11. There are no questions of a sensitive nature.

  12. Annual Reporting Burden:

  1. Number of Respondents 250,000

  2. Number of Responses per Respondent 1

  3. Total Annual Responses 250,000

  4. Hours per Response .583

  5. Total Annual Reporting Burden 145,750

The total annual reporting burden hours are 145,750. This number is calculated by multiplying the number of respondents (250,000) x (1) number of responses x .583 (35 minutes) per response.

  1. There are no capital or start-up costs associated with this information collection. Any cost burdens to respondents as a result of this information collection are identified in item 14. There is no fee associated with the collection of this information.

  2. Annualized Cost Analysis:

  1. Printing Cost $ 25,000

  2. Collection and Processing Cost $ 10,000,000

  3. Total Cost to Program $ 10,025,000

  4. Fee Charge 0

  5. Total Cost to Government $ 10,025,000

Government Cost

The estimated cost to the Government is $10,025,000 This estimate is calculated by using the estimated number of respondents 250,000 multiplied (x) 1 hour (1) (time required to collect and process information) x $40 (suggested average hourly rate for clerical, officer, and supervisory time with benefits). In addition, this figure includes the estimated overhead cost for printing, stocking and distributing the form, which is $25,000.

Public Cost


The total annual burden hour cost for respondents is $1,457,500. This is based on the number of respondents (250,000) x number of responses (1) x .583 (35 minutes) per response x $10 (average hourly rate).

  1. There has been no increase or decrease in the estimated burden hours or costs associated with the collection of this information.

  2. USCIS does not intend to employ the use of statistics or the publication thereof for this collection of information.

  3. USCIS will display the expiration date for OMB approval of this information collection.

  4. USCIS does not request an exception to the certification of this information collection.

  1. Collection of Information Employing Statistical Methods.

Not Applicable.

  1. Certification and Signature.


PAPERWORK CERTIFICATION


In submitting this request for OMB approval, I certify that the requirements of the Privacy Act and OMB directives have been complied with including paperwork

regulations, statistical standards or directives, and any other information policy directives promulgated under 5 CFR 1320.



____________________________________ _____________

Stephen Tarragon, Date

Deputy Chief,

Regulatory Products Division,

U.S. Citizenship and Immigration Services,

Department of Homeland Security.


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File Typeapplication/msword
File TitleSupporting Statement
AuthorAnne L Gyemant
Last Modified Byuser_template
File Modified2009-10-09
File Created2009-10-09

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