68154 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 

royalty bearing and will comply with 

the terms and conditions of 35 U.S.C. 

209 and 37 CFR 404.7. The prospective 

exclusive license may be granted unless, 

within 60 days from the date of this 

published Notice, NIH receives written 

evidence and argument that establishes 

that the grant of the license would not 

be consistent with the requirements of 

35 U.S.C. 209 and 37 CFR 404.7.

The compounds of the present 

invention represent the first examples of 

carbocyclic dideoxynucleosides that in 

solution exist locked in a defined Ngeometry (C3′-endo) conformation 

typical of conventional nucleosides. 

These analogues exhibit increased 

stability due to the substitution of 

carbon for oxygen in the ribose ring. The 

invention includes 4′-6′-cyclopropane 

fused carbocyclic dideoxynucleosides, 

2′-deoxynucleosides and 

ribonucleosides as well as 

oligonucleotides derived from these 

analogues; the preferred embodiment of 

the invention is carbocyclic-4′-6′-

cyclopropane-fused analogues of 

dideoxypurines, dideoxypyrimidines, 

deoxypurines, deoxypyrimidines, 

purine ribonucleosides and pyrimidine 

ribonucleosides. In addition, 

oligonucleotides derived from one or 

more of the nucleosides in combination 

with the naturally occurring nucleosides 

are within the scope of the present 

invention. 

The invention also includes a method 

for the treatment of herpes virus 

infections by the administration of 

cyclopropanated carbocyclic 2′-

deoxynucleosides to an affected 

individual. This invention is a method 

of administration of the compounds 

described above. The compounds of this 

invention are particularly efficacious 

against herpes simplex viruses 1 and 2 

(HSV–1 and HSV–2), Epstein-Barr Virus 

(EBV) and human cytomegalovirus 

(CMV), although the nucleoside 

analogues of the invention may be used 

to treat any condition caused by a 

herpes virus. Specifically, the Nmethanocarba-T (Thymidine) analogue 

(hereafter (N)–MCT) has been shown to 

exhibit strong activity against HSV–1 

and HSV–2, and moderate to strong 

activity against EBV. Significantly, the 

anti-HSV activity of the Thymidine 

analogue is thirty times more potent 

than Acyclovir (shown in a plaque 

reduction assay), a widely used antiHSV therapeutic. Furthermore, the 

Thymidine analogue is also non-toxic 

against stationary cells and is potent 

against rapidly dividing cells. Dosage 

amounts for the compounds are similar 

to those of Acyclovir. 

The field of use may be limited to 

development of antiviral therapeutics. 

The licensed territory will be 

exclusive worldwide. 

Properly filed competing applications 

for a license filed in response to this 

notice will be treated as objections to 

the contemplated license. Comments 

and objections submitted in response to 

this notice will not be made available 

for public inspection, and, to the extent 

permitted by law, will not be released 

under the Freedom of Information Act, 

5 U.S.C. 552.

Dated: November 15, 2004. 

Steven M. Ferguson, 

Director, Division of Technology Development 

and Transfer, Office of Technology Transfer, 

National Institutes of Health.

[FR Doc. 04–25956 Filed 11–22–04; 8:45 am] 

BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS NO. 2330–04] 

RIN 1615–ZA07 

Information Regarding the H–1B 

Numerical Limitation for Fiscal Year 

2005

AGENCY: U.S. Citizenship and 

Immigration Services, DHS.

ACTION: Notice.

SUMMARY: This notice explains how the 

Department of Homeland Security 

(DHS), through U.S. Citizenship and 

Immigration Services (USCIS), will 

process H–1B petitions for new 

employment for Fiscal Year (FY) 2005 

now that it is clear that the demand for 

H–1B workers will exceed the statutory 

numerical limit (the cap) for H–1B 

nonimmigrant aliens for FY 2005. This 

notice is published so that the public 

will understand the procedure for 

processing H–1B petitions now that the 

cap is reached, as this procedure may 

affect the hiring decisions of some 

prospective H–1B petitioners. These 

procedures are intended to minimize 

confusion and the burden on employers 

who use the H–1B program.

DATES: This notice is effective 

November 23, 2004.

FOR FURTHER INFORMATION CONTACT:

Kevin J. Cummings, Business and Trade 

Services Branch/Program and 

Regulation Development, U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 111 

Massachusetts Avenue, NW., 3rd Floor, 

Washington, DC 20529, telephone (202) 

305–3175.

SUPPLEMENTARY INFORMATION: 

Who Is an H–1B Nonimmigrant? 

An H–1B nonimmigrant is an alien 

employed in a specialty occupation or 

as a fashion model of distinguished 

merit and ability. A specialty 

occupation is an occupation that 

requires theoretical and practical 

application of a body of specialized 

knowledge and attainment of a 

bachelor’s or higher degree in the 

specific specialty as a minimum for 

admission into the United States. 

What Is the Cap or Numerical 

Limitation on the H–1B Nonimmigrant 

Classification? 

Section 214(g) of the Immigration and 

Nationality Act (Act) provides that the 

total number of aliens who may be 

issued H–1B visas or otherwise granted 

H–1B status during FY 2005 may not 

exceed 65,000. In accordance with the 

Free Trade Agreements (FTA) for Chile 

and Singapore, as approved by Congress 

in Public Laws 108–77 and 108–78, 

1,400 out of the 65,000 H–1B numbers 

are reserved for H–1B1 nonimmigrants 

from Chile, and 5,400 out of the 65,000 

are reserved for H–1B1 nonimmigrants 

from Singapore. This effectively reduces 

the overall number of H–1B numbers 

that may be used prior to September 30, 

2005, from 65,000 to 58,200. 

Section 214(g)(8)(B)(iv) of the Act also 

requires that any unused H–1B1 

numbers set aside for aliens from Chile 

and Singapore be applied to the 

numerical limitation for the fiscal year 

in which they were not used. Visas may 

be issued under such an adjustment 

within 45 days of the next fiscal year to 

aliens who had applied for such visas 

during the fiscal year for which the 

adjustment was made. Id. The total 

number of Chileans and Singaporeans 

who were granted H–1B1 visas or 

otherwise granted H–1B1 status during 

FY 2004 was less than 100. Therefore, 

pursuant to Section 214(g)(8)(B)(iv), 

USCIS has returned approximately 

6,700 unused H–1B1 numbers to the FY 

2004 H–1B cap. 

Following the adjustment for the 

Chile and Singapore H–1B1 program, 

and taking into account any other cases 

that can be counted against the FY 2004 

cap, there now appears to be a sufficient 

number of H–1B petitions with 

employment start dates prior to October 

1, 2005 pending at the USCIS Service 

Centers to reach the adjusted cap for FY 

2005. Therefore, as of October 2, 2004, 

and until April 1, 2005, USCIS will 

return any petitions (along with the 

filing fee and, if applicable, the 

premium processing fee) requesting an 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 68155

employment start date prior to October 

1, 2005.

What Is the Effect of This Notice? 

This notice explains the USCIS 

procedure for processing H–1B petitions 

for new employment, which are subject 

to the H–1B cap, and filed by employers 

seeking to employ H–1B aliens on or 

before September 30, 2005. 

Will Electronic Filing (e-Filing) for H–

1B Nonimmigrant Classification Still Be 

Available Now That the H–1B Cap for 

FY 2005 Has Been Reached? 

No. Since the H–1B cap has been 

reached and USCIS is no longer 

accepting H–1B petitions pursuant to 

FY 2005 employment, e-filing for H–1B 

nonimmigrant classification has also 

been suspended. H–1B extensions and 

non-cap H–1B cases must now be filed 

under the mail-in process. In 

accordance with 8 CFR part 

214.2(h)(9)(i)(B), which allows petitions 

for H–1B classification to be filed 6 

months prior to the requested 

employment start date, petitions filed 

for work to commence on October 1, 

2005 (FY 2006) may be filed via e-filing 

as early as April 1, 2005. 

Why Was the Cap or Numerical 

Limitation on the H–1B Nonimmigrant 

Classification Reached So Early in FY 

2005? 

The FY 2004 cap or numerical 

limitation on the H–1B nonimmigrant 

classification was reached on February 

17, 2004. As explained in the February 

25, 2004 notice published in the Federal 

Register at 69 FR 8675, and under the 

procedure also carried out in this notice, 

USCIS regulations at 8 CFR part 

214.2(h)(9)(i)(B) allow petitions for H–

1B classification to be filed 6 months 

prior to the requested employment start 

date. Therefore, beginning on April 1, 

2004, petitions filed for work to 

commence on October 1, 2004 could be 

filed. Although these petitions were 

filed in calendar year 2004 they count 

against the FY 2005 H–1B cap, unless 

applied to the required adjustment 

under Section 214(g)(8)(B)(iv). 

The H–1B cap or numerical limitation 

of 65,000 under section 214(g) of the Act 

is set by Congress, and USCIS is 

required to adhere to the statutory 

numerical limitation. 

Does This Notice Announcing That the 

Cap Has Been Reached for FY 2005 

Affect All H–1B Petitions Filed for FY 

2005? 

No. This notice relates only to H–1B 

petitions filed for beneficiaries who are 

subject to the numerical limitations and 

will be engaged in ‘‘new employment,’’

to commence on or before September 

30, 2005. A petition for new 

employment includes a petition where 

the alien beneficiary is outside the 

United States when the H–1B petition is 

approved or where the alien is already 

in the United States in another status 

and is seeking H–1B status, either 

through a change of nonimmigrant 

status from within the United States or 

a notice to the Consulate of the 

eligibility for the new status. 

Petitions for beneficiaries exempt 

from the H–1B numerical limitations, 

amended petitions, and petitions for 

extension of stay are not affected by this 

procedure because these petitions do 

not count against the cap. Likewise, 

petitions for aliens in the United States 

who already hold H–1B status, i.e., 

petitions filed on behalf of an H–1B 

alien by a new or additional employer, 

generally are not affected by this 

procedure. This procedure does not 

relate to petitions filed before October 1, 

2005, for employment to commence on 

or after October 1, 2005. 

What Is the USCIS Procedure for 

Processing H–1B Petitions for New 

Employment During the Remainder of 

FY 2005? 

This notice informs the public that 

there appears to be a sufficient number 

of H–1B petitions pending at USCIS 

Service Centers to reach the adjusted 

cap of 58,200 for FY 2005. As of October 

2, 2004, USCIS will not accept for 

adjudication any H–1B petition for new 

employment containing a request for a 

work start date prior to October 1, 2005. 

Petitions filed on or after October 2, 

2004 will be returned (along with the 

filing fee and, if applicable, the 

premium processing fee) to the 

petitioner according to 8 CFR 

214.2(h)(8)(ii)(E). In accordance with 

existing regulations, such petitioners 

may refile those petitions after April 1, 

2005, with a new starting date of 

October 1, 2005, or later. 

USCIS has established how many H–

1B petitions are pending and will likely 

count towards the FY 2005 statutory 

limit. USCIS will adjudicate all 

petitions filed prior to October 2, 2004 

in the order in which they are received. 

USCIS is not suspending premium 

processing and normal rules applicable 

to those cases filed on or before October 

1, 2004 still apply. 

How Should a Petitioner Notify USCIS 

That It Wishes To Withdraw a Petition? 

If a petitioner wishes to withdraw a 

pending H–1B petition or an approved 

H–1B petition for new employment, the 

petitioner should send a withdrawal 

request to the USCIS service center 

where the petition is pending or was 

filed and approved. The request should 

be signed by the petitioner or an 

authorized representative and include 

the filing receipt number and the names 

of both the petitioner and beneficiary. 

Does This Process Apply to H–1B 

Petitions Filed for Employment To 

Commence On or After October 1, 

2005? 

No. Those petitions are not affected 

by the procedures described in this 

notice and will be adjudicated in the 

normal fashion, regardless of whether 

they are filed after this year’s cap is 

reached. Petitioners are reminded that, 

pursuant to 8 CFR part 214.2(h)(9)(i)(B), 

petitions for H–1B classification may 

not be filed or approved more than 6 

months prior to the requested 

employment start date. Therefore, 

petitioners filing for work to commence 

on October 1, 2005 should not file prior 

to April 1, 2005. H–1B petitions filed for 

employment to commence on or after 

October 1, 2005 will be counted, if 

otherwise chargeable against the annual 

H–1B cap, against the FY 2006 

numerical cap.

How Will USCIS Treat H–1B Petitions 

That Are Revoked for Any Reason 

Other Than Fraud or Willful 

Misrepresentation? 

For purposes of the annual numerical 

limitation, if an H–1B petition was 

approved in a prior fiscal year (e.g. FY 

2001, 2002, 2003, 2004) but revoked in 

FY 2005, that revocation will have no 

effect on the FY 2005 cap and the 

number will not be restored to the total 

number of H–1B new petition approvals 

available for the remainder of FY 2005. 

However, if an H–1B petition was 

approved in FY 2005 (and the approval 

was counted against the FY 2005 cap), 

and the H–1B petition subsequently is 

revoked during FY 2005 for any reason 

other than fraud or willful 

misrepresentation (e.g. the petitioner 

goes out of business), that number will 

be restored to the total number of H–1B 

petition approvals available for the 

remainder of FY 2005. If the same H–1B 

petition is revoked for any reason other 

than fraud or willful misrepresentation 

after the end of FY 2005, USCIS will not 

restore the number to the FY 2005 cap. 

How Will USCIS Process H–1B Petitions 

That Are Revoked for Fraud or Willful 

Misrepresentation? 

Section 108 of the American 

Competitiveness in the Twenty-first 

Century Act of 2000, Public Law 106–

313 (‘‘AC21’’), sets forth the procedure 

when an H–1B petition is revoked on 

the basis of fraud or willful 

68156 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 

misrepresentation. Under AC21, one 

number for each petition that is revoked 

on the basis of fraud or 

misrepresentation shall be restored to 

the total number of H–1B petition 

approvals available for the fiscal year 

during which an H–1B petition is 

revoked, regardless of the fiscal year in 

which the petition was approved. 

How Will USCIS Process H–1B Petitions 

That Were Originally Denied But 

Subsequently Ordered Approved by the 

Administrative Appeals Office or by a 

Federal Court? 

USCIS has considered cases currently 

on appeal in its determination of cases 

that could count towards the statutory 

cap. USCIS will process approved 

petitions in the order that they were 

originally filed with USCIS or the 

former Immigration and Naturalization 

Service. 

Will USCIS Refund a Filing Fee if a 

Petition Is Withdrawn or Revoked? 

No, USCIS will not refund the $185 

filing fee when a petition is revoked or 

withdrawn. The provisions contained in 

8 CFR 103.2(a)(1) preclude the 

refunding of filing fees on Form I–129 

petitions in these situations. USCIS will 

refund a filing fee only if the refund 

request is based on USCIS error or if the 

petition is filed subsequent to October 1, 

2004. It should be noted that H–1B cap 

cases filed under the premium 

processing program are subject to the 

conditions contained in this notice.

Dated: October 4, 2004. 

Michael Petrucelli, 

Deputy Director, U.S. Citizenship and 

Immigration Services.

[FR Doc. 04–25917 Filed 11–22–04; 8:45 am] 

BILLING CODE 4410–10–P

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4903-N–93] 

Notice of Submission of Proposed 

Information Collection to OMB; 

Application for Access to the 

Automated Clearing House (ACH)

AGENCY: Office of the Chief Information 

Officer, HUD.

ACTION: Notice of correction.

SUMMARY: The notice previously 

published under Docket No. FR–4903–

N–92 displayed an incorrect title 

heading. The correct title is 

‘‘Application for access to the 

Automated Clearing House (ACH).’’ The 

proposed information collection 

requirement described below has been 

submitted to the Office of Management 

and Budget (OMB) for review, as 

required by the Paperwork Reduction 

Act. The Department is soliciting public 

comments on the subject proposal. 

This is a request for continued 

approval to collect information from 

Title I Lenders applying for access to the 

Automated Clearing House (ACH) 

Program for electronic premium 

payment for the Title I Mortgage 

Insurance Program.

DATES: Comments Due Date: December 

23, 2004.

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

approval Number (2502–0512) and 

should be sent to: HUD Desk Officer, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503; fax: 202–395–6974.

FOR FURTHER INFORMATION CONTACT:

Wayne Eddins, Reports Management 

Officer, AYO, Department of Housing 

and Urban Development, 451 Seventh 

Street, SW., Washington, DC 20410; email Wayne_Eddins@HUD.gov; or 

Lillian Deitzer at 

Lillian_L_Deitzer@HUD.gov or 

telephone (202) 708–2374. This is not a 

toll-free number. Copies of available 

documents submitted to OMB may be 

obtained from Mr. Eddins or Ms Deitzer 

and at HUD’s Web site at http://

www5.hud.gov:63001/po/i/icbts/

collectionsearch.cfm.

SUPPLEMENTARY INFORMATION: This 

notice informs the public that the 

Department of Housing and Urban 

Development has submitted to OMB a 

request for approval of the information 

collection described below. This notice 

is soliciting comments from members of 

the public and affecting agencies 

concerning the proposed collection of 

information to: (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 agency’s estimate of the 

burden of the proposed collection of 

information; (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 collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

This notice also lists the following 

information: 

Title of Proposal: Application for 

access to the Automated Clearing House 

(ACH) 

OMB Approval Number: 2502–0512. 

Form Numbers: HUD–56150. 

Description of The Need For the 

Information and Its Proposed Use:

This is a request for continued 

approval to collect information from 

Title I Lenders applying for access to the 

Automated Clearing House (ACH) 

Program for electronic premium 

payment for the Title I Mortgage 

Insurance Program. 

Frequency of Submission: On 

occassion.

Number of 

burden

respondents 

Annual

responses × Hours perresponse = Hours 

Reporting Burden .............................................................................. 2,406 147 0.2 29.4