SUPPORTING STATEMENT
Inter-Agency Alien Witness and Informant Record
(Form I-854)
OMB No. 1615-0046
A. Justification.
The collection of information is necessitated by the enactment of section 130003 of the Violent Crime Control and Enforcement Act of 1994 (VCCEA), Public Law 103-322, which established section 101(a)(15)(S) of the Immigration and Nationality Act (the Act). This S nonimmigrant category is implemented in the regulations at 8 CFR 214.2(t). With the passage of section 101(a)(15)(S) of the Act, an alien witness or informant needed in the United States by a state or federal law enforcement agency (LEA) to provide testimony and information on criminal organizations or terrorism matters may be classifiable as an S nonimmigrant and may be eligible to adjust status to that of a lawful permanent resident if the terms and conditions of the S nonimmigrant classification are fulfilled.
Apart from affording particular immigration benefits, VCCEA also charged the Department of Homeland Security (DHS) with responsibility for developing a viable system for implementing the controls imposed on S nonimmigrants and for collecting the specified information needed to annually report to Congress on the benefits and liabilities of the S nonimmigrant category. The Form I-854, will enable the U.S. Immigration and Customs Enforcement (ICE) to fulfill those responsibilities. A law enforcement agency may request S nonimmigrant classification for an essential witness or informant by completing this form, which requires certifications by both the law enforcement agency (e.g., that it will collect the alien’s statutorily-required quarterly reports and oversee the alien’s departure, if that becomes necessary) and the alien. The law enforcement agency files a properly completed Form I-854 with the Criminal Division, Department of Justice, which may certify the law enforcement agency request to the U.S. Citizenship and Immigration Services (USCIS).
Form I-854 will provide a critical record of the waivers, terms and conditions, and certifications that are prerequisite to the S nonimmigrant status and a subsequent request to allow an S nonimmigrant to adjust to a lawful permanent resident status. It will provide a basis for tracking the alien and preparing the annual report to Congress. Under section 101(a)(15)(S) of the Act, the qualified spouse, married and unmarried sons and daughters, and parents of an S nonimmigrant may be granted derivative nonimmigrant status; they must be named on the Form I-854 to be subsequently eligible to adjust status to a lawful permanent resident. An alien in another valid nonimmigrant status may be able to change status to the S classification if a law enforcement agency files a request on Form I-854 on their behalf with the Criminal Division, along with other forms and documentation demonstrating eligibility to change status, and the request is approved by the Secretary, DHS, or his designee.
There are strict numerical limitations imposed on the S nonimmigrant classification; only 200 aliens may enter in an S-5 classification, to provide information on a criminal organization or enterprise, and only 50 may enter in S-6 classification, to provide information on a terrorist organization. This form will be maintained at a centralized location at ICE.
2. The information will be used by ICE to determine eligibility for the S nonimmigrant classification. The approved form will be forwarded to the Department of State for visa issuance if the alien resides outside the United States. It will also enable ICE to provide a basis for tracking the alien and preparing the required annual report to Congress, and serve as a record of the acknowledgements and signatures of the alien and the responsible law enforcement agency. Failure to collect this information will result in the inability of ICE to approve nonimmigrant classification and other immigration benefits for individuals otherwise entitled to them and to administer the control similarly required by section 101(a)(15)(S) of the Act. The collection of this information is essential to the development of a viable and responsible system for authorizing access to critically needed but often otherwise excludable and deportable alien witnesses and informants.
3. The use of this form currently provides the most efficient means for collecting and processing the required data. In this case, there is no use of information technology in collecting and processing information; however, this form has been automated and will allow the law enforcement agency to complete and save the data electronically before submitting to ICE. Once ICE approves the request, the form is then submitted to USCIS for processing.
4. A review of the USCIS/ICE inventory revealed no duplication of effort, and there is no other similar information currently available that can be used for this purpose.
5. This collection of information does not have an impact on small businesses or other small
entities.
6. The collection of information is a prerequisite to the approval of any immigration benefit by an alien witness or informant. This form is to be completed by any law enforcement agency seeking to bring an alien witness or informant to the United States in S nonimmigrant classification, to change the valid nonimmigrant classification of an alien in the United States to S classification and, in specific cases, to have parole authorization terminated so an alien may be admitted in S classification. It provides the only means available to securing permanent resident status for an alien witness or informant who is otherwise excludable or deportable.
7. There are no special circumstances applicable to this information collection.
8. On October 13, 2006, USCIS, published a 60-day notice in the Federal Register at 71 FR 60557 to solicit public comments on the information collection. No comments were received.
No payments or gifts are provided to respondents in exchange for any benefits sought.
10. There is full assurance of confidentiality.
11. There are sensitive questions due to the security needs and often complex risks faced by alien witnesses and informants who agree to testify or provide information on criminal and/or terrorist organizations. The small numerical limitation on the S visa category ensures that only aliens involved in the highest priority cases will be eligible for the S classification.
12. Annual Reporting Burden:
a. Number of Respondents 125
b. Number of Responses per each request 1
c. Total Annual Responses 125
d. Hours per Response 4.25
e. Total Annual Reporting Burden 531
Annual Reporting Burden
Total annual reporting burden is 531. This estimate was derived by multiplying the numbers of respondents (125) x frequency of response (1) x 4 hours and 15 minutes (4.25) per response. The projected hours of response were derived by breaking the process into the following components:
Learning about the law and the form 1 hour
Completing the form 1.25 hours
Assembling and filing the form 2 hours
Annual Public Cost
The estimated annual public cost is $ 5,310. This is based on the number of respondents (125) x (4.25) hours per response x $10 (average hourly rate).
13. There are no capital or start-up costs associated with this information collection. Any cost burdens to respondents as a result of this collection are identified in question 14. There is no fee associated with this information collection.
14. Annualized Cost Analysis:
Printing Cost $ 135
Collecting and Processing $ 4,865
Total Cost to Program $ 5,000
Fee Charge $ 0
Total Annual Cost to Government $ 5,000
The estimated cost of the program to the Government is 5,000. This figure was calculated by using the estimated number of respondents (125) multiplied (x) by 1 hour, which includes the agency’s time to collect and process the information x $40 (suggested average hourly rate for clerical, officer, and managerial time with benefits). In addition, this figure includes the estimated overhead cost for printing, stocking, distributing and processing of this form, which is $135.
15. There has been no increase in the estimated burden hours and costs associated with this information collection.
16. USCIS does not intend to employ the use of statistics or the publication thereof for this collection of information.
USCIS will display the expiration date for OMB approval of this information collection.
18. USCIS does not request an exception to the certification of this information collection.
B. Collection of Information Employing Statistical Methods.
Not Applicable.
C. 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.
_________________________________________ ________________
Richard A. Sloan, Date
Director,
Regulatory Management Division,
U.S. Citizenship and Immigration Services.
| File Type | application/msword |
| Author | Leslie and Andrea |
| Last Modified By | USCIS |
| File Modified | 2006-12-13 |
| File Created | 2006-11-27 |