I-539 Supporting Statement 9-6-11m

I-539 Supporting Statement 9-6-11.docm

Supplement A to Form I-539 (Filing Instructions for V Nonimmigrant Status)

OMB: 1615-0004

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SUPPORTING STATEMENT

Supplement A to Form I-539

(Filing Instructions for V Nonimmigrant Status Applicants)

(OMB No. 1615-0004)


  1. Justification.

  1. The information collected is required by 8 CFR 214.15. This information collection will be used by nonimmigrants to apply for an extension of stay, for a change to another nonimmigrant classification, or for obtaining V nonimmigrant classification. This information collection is needed to accompany the Form I-539 (Application to Extend/Change Nonimmigrant Status) in order to explain and provide instructions for the V nonimmigrant classification. As such, this information collection is necessary to explain what additional information applicants for V nonimmigrant status need to submit to prove eligibility for V nonimmigrant status.

  2. This information collection will be used by U.S. Citizenship and Immigration Services (USCIS) to determine eligibility for the requested immigration benefit. The information collection serves the purpose of standardizing requests for the benefit and ensuring that basic information required to assess eligibility is provided by petitioners.

  3. The use of this information collection currently provides the most efficient means for collecting and processing the required data. Although the Form I-539 can be filed electronically, Supplement A to Form I-539 is simply an instruction sheet asking for additional information from the petitioner.

  4. A search of the USCIS automated forms tracking system was accomplished and revealed no duplication. There is no similar data collected.

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

  6. Without this information there would be no means by which certain classes of nonimmigrant could apply for and receive an extension of stay or other nonimmigrant classification, or for an alien to obtain V classification.

  7. The special circumstances contained in Item 7 of the Supporting Statement are not applicable to this information collection.

  8. On April 28, 2011, USCIS published a 60-day notice in the Federal Register at 76 FR 23833. USCIS did not receive any comments on the 60-day notice. On July 13, 2011, USCIS published a 30-day notice in the Federal Register at 76 FR 41281. USCIS has not received any comments to date on the 30-day notice.

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

  10. There is no assurance of confidentiality. The associated system of records notice for this information collection is USCIS Benefits Information System, published in the Federal Register on September 29, 2008 at 73 FR 56596. The related privacy impact assessment is USCIS Benefits Processing of Applicants other than Petitions for Naturalization, Refugee Status, and Asylum.

  11. There are no questions of a sensitive nature.

  12. Annual Reporting Burden:

  1. Number of Respondents 200

  2. Number of Responses per Respondent 1

  3. Total Annual Responses 200

  4. Hours per Response .50

  5. Total Annual Reporting Burden 100

Annual Reporting Burden

The annual reporting burden is 100. This figure was derived by multiplying the number of respondents (200) x (1) frequency of response x .50 (30 minutes) per response.

  1. There are no capital or start-up costs associated with this information collection. Any cost burden to respondents as a result of this information collection are identified in Item 14. (There is no fee charge for this information collection; however, there is an $85 biometric fee associated with this information collection.)

  2. Annualized Cost Analysis:

  1. Printing Cost $ 100

  2. Collection and Processing Cost $ 8,000

  3. Total Cost to Program $ 8,100

  4. Fee Charge $ 0

  5. Total Cost to Government $ 8,100

Government Cost

The estimated cost of the program to the Government is 8,100. This figure is calculated by using the estimated number of respondents (200) multiplied x (1) number of response x (1) hour government response time to collect and process information x $40 (the suggested average hourly rate for clerical, officer, and managerial time with benefits). In addition, this figure includes the estimated overhead cost of $100 for printing, stocking, distributing and processing this form

Public Cost

The estimated annual public fee cost is $17,000. This estimate is based on the number of respondents (200) x the fee charge of $85 (biometrics fee).

The estimated annual public burden cost is $3,474. This is based on the number of respondents 200 x 30 minutes (.50) per response x $30.74 (average hourly rate).

  1. There has been no increase or decrease in the annual burden hours previously reported for this information collection. In the previous collection, the biometric fee was tied to the burden hour cost. The biometric fee has been separated from the burden hour cost for this information collection. There is no change in the information being collected.

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

  3. USCIS will display the expiration date for 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.



___________________________________ _________________

Sunday Aigbe, Date

Chief,

Regulatory Products Division,

Office of the Executive Secretariat,

U.S. Citizenship and Immigration Services,

Department of Homeland Security.

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