SUPPORTING STATEMENT
(Forms I-94, I-94W)
OMB No. 1651-0111
JUSTIFICATION:
1. These forms are part of the manifest requirements imposed by Sections 231 and 235 of the Immigration and Nationality Act (Act) and are required upon the arrival of any person by water or by air at any port within the United States from any place outside the United States. It is the duty of the master or commanding officer, or authorized agent, owner, or consignee of the vessel or aircraft, having any such person on board to deliver to the immigration officers at the port of arrival lists or manifests of the persons on board such vessel or aircraft. The list or manifest must be in the form of a separate Arrival/Departure Record (CBP Form I-94), prepared on board for each passenger except: United States citizens, lawful permanent resident aliens of the United States, and immigrants to the United States. It also serves as evidence of alien registration as required by section 264 of the Act.
An alternate version of the I-94 is the CBP Form I-94W, Visa Waiver Nonimmigrant Arrival/Departure. This form is used for certain aliens seeking to enter the United States under the Visa Waiver Program (VWP) as non-immigrants who want to skip the process of for a visa at the American Consulate. While the VWP is intended to promote tourism and business travel, its current procedures represent a security vulnerability.
On August 3, 2007, the President signed into law the Implementing the Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), Public Law 110-53. Section 711 of the 9/11 Act requires that the Secretary of Homeland Security, in consultation with the Secretary of State, develop and implement a fully automated Electronic Travel Authorization system, which shall collect such biographical and other information as the Secretary determines necessary to determine, in advance of travel, the eligibility of the alien to travel to the United States and whether such travel poses a law enforcement or security risk. To satisfy the requirements of section 711 of the 9/11 Act, the Department of Homeland Security (DHS) is implementing Electronic System for Travel Authorization (ESTA) through this interim final rule. ESTA will screen travelers seeking to enter the United States under the VWP prior to their travel to the United States, and thereby prevent ineligible travelers from departing for the United States. DHS notes that an authorization under ESTA is not a determination that the alien is admissible to the United States. A determination of admissibility is only made after an applicant for admission is inspected by a CBP officer at a U.S. port of entry.
Nonimmigrant aliens who wish to travel to the United States under the Visa Waiver Program (VWP) will be required to obtain a travel authorization under ESTA in advance of departure to the United States. To obtain a travel authorization, applicants must submit biographical data, such as name, birth date, and passport information and other information related to travel plans, such as flight information. Applicants must also answer eligibility questions as currently reflected by the I-94W form. For most VWP travelers, a travel authorization will generally be valid for a period of up to two years, such that a person will not have to reapply for a travel authorization for every trip to the U.S.
2. The data collected on these forms provides required data elements; supports timely and accurate capture of data and matching of arrival and departure records; and supports development of automated solutions to further streamline document handling and information processing. ESTA is intended to facilitate legitimate travel and enhance security by increasing the amount of information available to DHS regarding VWP travelers before such travelers embark on a carrier destined for the United States.. Visa Waiver Program (VWP) travelers are not subject to the same degree of scrutiny as those travelers who must first obtain a visa before departing for the United States. Therefore, this data is being collected via ESTA in order to mitigate the security vulnerabilities of the VWP, whereby travelers seeking to avoid the scrutiny of the visa issuance process or circumvent immigration laws attempt to enter the United States under the VWP.
3. DHS’s long term strategic goal is to completely automate the I-94W paper form. Under ESTA, CBP is developing a system to automate the I-94W. Currently, CBP is automating only the I-94W. The proposed collection of the additional 4 data elements is a step towards ensuring that ESTA will help CBP attain the eventual goal of ending use of the paper form. At this time, however, DHS and CBP cannot commit to ending the paper form as a significant amount of coordination within DHS would have to occur in addition to identified funding in order to conclude use of the paper form.
Citizens of countries that participate in the VWP as of the date of publication of the ESTA rule must comply with the rule by January 12, 2009. As new countries are added to the VWP, citizens of those countries will be required to obtain a travel authorization via ESTA prior to traveling to the United States under the VWP.
4. There is no similar information currently available that can be used for this purpose. While coordinating the automation of the I-94W, CBP intends to retain the paper I-94W form as it provides proof of both the alien’s legal admission to the United States and exit from the United States.
5. This collection of information does not have an impact on small businesses or other small entities.
6. Without this information collection, CBP would be unable to track or document an alien’s arrival to and departure from the United States.
7. The special circumstances contained in Item 7 of the Supporting Statement are not applicable to this information collection.
8. Public comments will be solicited by Interim Regulations that CBP plans to publish in the Federal Register in the near future.
9. CBP does not provide payment or gifts to respondents in exchange for a benefit sought.
10. There is no assurance of confidentiality.
11. Sensitive information will be stored in a secure location with access only to CBP officers with a “need to know”.
12. Annual Reporting Burden:
FORM |
No. of Respondents |
Total Annual Responses |
Time Per Respondent |
Annual Reporting Burden |
I-94 |
13,924,380 |
13,924,380 |
.133 |
1,851,943 |
I-94W (Paper) |
17,000,000 |
17,000,000 |
.133 |
2,261,000 |
I-94W (ESTA) |
17,000,000 |
17,000,000 |
0.25 |
4,250,000 |
TOTAL |
47,924,380 |
47,924,380 |
|
8,362,943 |
The estimated annual public cost is $311,145,040. This estimation is based on the current total number of responses 30,924,380 x an estimated average response time of 8 minutes (0.133 hours per response) x $15 (Average hourly rate) = $61,848,760. Plus, the $6 fee charge for the I-94 and the I-94W (30,924,380 responses x $6 = $185,546,280). Plus, the new costs for ESTA (17,000,000 responses x 0.25 hours per response x $15 = $63,750,000.)
13. There are no capital or start-up costs associated with this information collection. Respondents who do not own computers may transmit this information using computers located at public libraries, internet cafes, U.S. Embassies, and other service providers.
There are no Government costs to process these forms because the costs are offset by the fee charge. Additionally, Congress has appropriated $36 million in funding for development and implementation of the ESTA system. This funding will cover ESTA program expenses in FY2008.
15. The burden hours increased due to CBP’s implementation of the ESTA system.
16. CBP does not intend to employ the use of statistics or the publication for this information collection.
17. CBP does not request an exception for including the expiration dates on these forms when we receive a Notice of Action.
18. CBP does not request an exception to the certification to this information collection.
B. Collection of Information Employing Statistical Methods.
No statistical methods were employed.
| File Type | application/msword |
| File Title | SUPPORTING STATEMENT |
| Author | ANDREA FLEET |
| Last Modified By | Authorized User |
| File Modified | 2008-05-20 |
| File Created | 2008-05-20 |