I-914 Supporting Statement 12-19-08

I-914 Supporting Statement 12-19-08.DOC

Application for T Nonimmigrant Status; Application for Immediate Family Member of T-1 Recipient; & Declaration of Law Enforcement Officer for Victim of Trafficking in Persons

OMB: 1615-0099

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SUPPORTING STATEMENT

Form I-914 and Supplements A and B

Application for T Nonimmigrant Status;

Application for Immediate Family Member of T-1 Recipient; and

Declaration of Law Enforcement Officer for Victim of Trafficking in Persons

(OMB No. 1615-0099)





A. Justification.

  1. This application permits victims of severe forms of trafficking and their immediate family members to demonstrate that they qualify for temporary nonimmigrant status pursuant to the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), and to receive temporary immigration benefits. This nonimmigrant category was established by Public Law 106-386, sections 107(e) and 1513(c) and is intended to provide temporary immigration benefits to certain victims of crimes while providing a means of assistance for government officials who investigate and prosecute those crimes.

  2. The application is divided into three parts. The Form I-914, I-914 Supplement A and I-914 Supplement B. The Principal Applicant will complete the Form I-914 to apply for temporary resident status. The Principal Applicant may complete Form I-914 Supplement A, to petition for derivative status for a qualifying immediate family member. A Federal, State or local Law Enforcement Officer may complete the Form I-914 Supplement B, at the applicant’s request, to attest to the applicant’s claim of being a victim of a severe form of trafficking in persons. The information on all three parts of the form will be used to determine whether applicants meet the eligibility requirements for benefits. This application incorporates information pertinent to eligibility under the VTVPA and a request for employment.

  3. This form provides the most efficient means for collecting and processing the required data. In this case U.S. Citizenship and Immigration Services (USCIS) does not employ the use of information technology in collecting and processing information. Currently, USCIS does not have the automated capability in place to accept electronic submission of these forms. However, this form has been designated for e-filing under the Business Transformation Project.

  4. A review of the USCIS Forms Inventory Report revealed no duplication of efforts, and there is no other similar form 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. If the form is not approved, there is no other vehicle USCIS may employ that would satisfy the requirements of the program as mandated by Public Law 106-386.

  7. The special circumstances contained in item 7 of the supporting statement are not applicable to this information collection.

  8. On July 30, 2008, USCIS published a 60-day notice in the Federal Register at 73 FR 44278. USCIS did not receive any comments from the public 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 questions of a sensitive nature. However, these questions are necessary in order for USCIS to make a determination on whether the applicant meets the eligibility requirements to receive benefits under the VTVPA. USCIS will take every step to safeguard this information appropriately.


12. Annual Reporting Burden: I-914 Supp. A Supp. B

  1. Number of Respondents 500 500 200

  2. Number of Responses per Respondent 1 1 1

  3. Total Annual Responses 500 500 200

  4. Hours per Response 2.25 1 .5

  5. Annual Reporting Burden 1,125 500 100


Annual Reporting Burden

The estimated total annual reporting burden hours are 1,725. This figure was derived by:

  • Multiplying the number of Form I-914 respondents (500) x frequency of response (1) x hours per response (2.25);

  • Multiplying the number of Supplement A respondents (500) x frequency of response (1) x hours per response (1); and by

  • Multiplying the number of Supplement B respondents (200) x frequency of response (1) x hours per response (.50).


The projected hours per response for these collections were derived by breaking down the process into three components:

I-914 Supp. A Supp. B

Learning about Law and the Form 45 Min. 15 Min. 10 Min.

Completion of the Form 30 Min. 15 Min. 15 Min.

Assembling and Filing the Form 60 Min. 30 Min. 5 Min.

TOTAL Hours per Response 135 Min. 60 Min. 30 Min.


13. 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 for the I-914. Biometric services may be required at no cost to the applicant.

14. Annualized Cost Analysis:

  1. Printing Cost $ 3,000

  2. Collection and Processing Cost $ 45,000

  3. Total Cost to Program $ 48,000

  4. Fee Charge, if any 0

  5. Total Cost to Government $ 48,000

Government Cost

The estimated cost of the program to the Government is $48,000. This figure is calculated by multiplying the number of respondents (1,200) x 1 (time required to collect and process information) x $40 (suggested average hourly rate for clerical, officer, and supervisory time with benefits); plus a percent for the estimated overhead cost for printing, stocking, and distributing the form;

Public Cost

The estimated annual public cost is $ 17,250. This estimate is based on:

  • Multiplying the number of Form I-914 respondents (500) x frequency of response (1) x hours per response (2.25); plus

  • Multiplying the number of Supplement A respondents (500) x frequency of response (1) x hours per response (1); plus

Multiplying the number of Supplement B respondents (200) x frequency of response (1) x hours per response (.50).

15. There has been no increase or decrease in the burden hours previously reported for this information collection. There has been a decrease in annual cost. In USCIS’ last submission we incorrectly multiplied the 1,200 respondents by the $80 biometric fee. Although biometric services may be required, there is no cost to the applicant.

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

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

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

  1. 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.


___________________________________ _____________________

Sunday Aigbe, Date

Chief,

Regulatory Management Division,

U.S. Citizenship and Immigration Services.


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File Typeapplication/msword
File TitleSUPPORTING STATEMENT
AuthorOffice of the General Counsel
Last Modified ByKathryn Catania
File Modified2008-12-29
File Created2008-12-19

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