G-325, G-325A, G-325B and G-325C (1615-0008) SS 10-11-12

SUPPORTING STATEMENT FOR

BIOGRAPHIC INFORMATION

OMB Control No.: 1615-0008

COLLECTION INSTRUMENTS: G-325, G-325A, G-325B, and G-325C

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Applicants seeking various benefits under immigration laws, granted by the U.S. Citizenship and Immigration Services (USCIS), such as adjustment of nonimmigrant status to that of person admitted for permanent residence must provide the information requested through these forms. Security requirements dictate that certain biographic information be obtained from persons seeking certain immigration benefits for submission to other agencies (Federal Bureau of Investigation, Central Intelligence Agency, Department of State or Department of Defense) to ensure that USCIS’s action is in the best interest of the United States.

Authority: 8 CFR 207.2, 8 CFR 245.2(a)(3)(i), 8 CFR 328.4.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

USCIS uses the biographical information provided through these forms to check other agencies records on applications or petitions submitted by respondents seeking certain benefits under the Immigration and Nationality Act (Act).

Specifically:

• Form G-325: This form submitted along with Form N-400, Application for Naturalization, for applicants who served or are serving in the military. Respondents that wish to become U.S. citizens must provide USCIS further information to be able to establish citizenship eligibility under U.S. citizenship and naturalization laws.  Form N-400 is approved for use under OMB Control Number 1615-0052. 

• Form G-325B: This form is submitted along with Form N-400 for applicants who have not served or who are not serving in the military.

• Form G-325A: This form is submitted along with:

• Form I-485, Application to Adjust Status to Permanent Resident. Respondents that wish to become U.S. legal permanent residents must provide USCIS further information to be able to establish eligibility under U.S. immigration laws.  Form I-485 is approved for use under OMB Control Number 1615-0023. 

• Form I-130, Petition for Alien Relative. Citizens or lawful permanent residents of the United States to establish the relationship to certain alien relatives, who wish to immigrate to the United States, may file this form. This form is currently approved for use under OMB Control Number 1615-0012.

• Form I-129F, Petition for Alien Fiancé(e). A respondents may use this form to petition to bring his or her fiancé(e) (K-1) and that person's children to the U.S. for marriage to him or her or to bring his or her spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status (under the LIFE Act and Amendments of 2000).

• Form G-325B: This form is submitted along with Form I-590, Registration for Classification as a Refugee. Respondents seeking refugee status must provide certain type of information to establish refugee status eligibility in accordance with 8 CFR 207.2(a). Form I-590 facilitates that process. That information collection is approved for use under OMB Control Number 1615-0068.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The use of these forms provides the most efficient means for collecting and processing the required biographical data.

These forms and instructions are available electronically at:

• Form G-325: http://www.uscis.gov/files/form/g-325.pdf

• Form G-325A: http://www.uscis.gov/files/form/g-325a.pdf

• Form G-325B: http://www.uscis.gov/files/form/g-325b.pdf

• Form G-325C: http://www.uscis.gov/files/form/g-325c.pdf

These forms can be completed and saved electronically, but they currently need to be mailed to USCIS.  USCIS is working towards the conversion of electronic submission of forms, known as “Transformation”, but the scope of work required and large number of forms impacted will result in a graduated approach to implementation.  For this current submission, USCIS requests an exception to the one-year approval granted to collections without GPEA compliance.  Due to USCIS’ efforts to allow respondents to access, complete, and save the forms electronically, we respectfully request at least 2-year approval while moving forward with our efforts to fully comply with GEPA across all of our information collections.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

A review of the USCIS Forms Inventory Report revealed no duplication of efforts. There is no similar information currently available that can be used for this purpose. USCIS has investigated its internal processes, files and data as well as those of other Federal agencies that may service the same population. USCIS was not able to find any other means by which the information necessary for this process could be obtained except for the use of the form submitted for approval in this emergency request. USCIS will continue to examine ways in which information may be obtained from other sources and any identified duplications can be minimized or removed.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

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

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The use of these forms provides the most expedient means to support the mission of the USCIS as it relates to the grant of specific immigration benefits such as applications for naturalization, refugee status and adjustment of status. The form provides U.S. government officials with specific biographic information not captured on other forms, such as employment history, previous places of residence, and information about parents and ex-spouses. These forms assist other federal agencies in the search of relevant information pertaining to individuals seeking immigration benefits.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the agency more often than quarterly;

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• requiring respondents to submit more than an original and two copies of any document;

• requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

There are no special circumstances applicable to this information collection. This information collection is conducted in a manner consistent with the guidelines in 5 CFR 1320.5(d)(2).

8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

On June 13, 2012, USCIS published a 60-day information collection notice in the Federal Register at 77 FR 35418. USCIS received a comment in connection with that notice.

The commenter suggested that USCIS discontinues this form and shuts down “all immigration” as this represents a burden on American taxpayers. USCIS thanks the customer for submitting this comment. USCIS however will not make any changes to the form based on this public comment. Through the Act, Congress established what group of individuals can seek immigration benefits such as applying for adjustment of status or naturalization. USCIS uses the information collected through this form to make sure security requirements are met during the adjudication of these requests for immigration benefits.

On August 21, 2012, USCIS published a 30-day information collection notice in the Federal Register at 77 FR 50519. A commenter submitted comments in connection with that publication.

The commenter suggested that this application not be made available to aliens that entered the country illegally. The commenter also suggests that USCIS does not ask these individuals whether they suffer from a mental disability that has not been treated. The commenter also suggests that certain questions regarding the violation of U.S. laws are answered in a certain manner and that any general disclosure of employment status and/or benefiting from public funds be crossed referenced with other government agencies. The commenter further adds that this form be changed and that pictures and fingerprints need to be submitted with this form, in addition to recommending that all requests filed through this form be denied, and requesting a “[moratorium of ten years for all such applications].”

For the same reasons stated above, in response to the comment USCIS received in response to the 60-day information collection notice, USCIS cannot discontinue the use of these forms. USCIS believes the commenter is not referencing to forms G-325, G-325A, G-325B or G-325C as these forms do not request information regarding an applicant or petitioner’s mental health or employment and/or financial status as that information is not requested through these forms. Moreover, the purpose of these forms is to collect biographical information on which USCIS relies to adjudicate main requests for immigration benefits such as applications to adjust status or naturalize as a U.S. citizen. Fingerprints and other biometrics are collected as part of some main benefit request. These forms are not the most appropriate tool for collecting such data. USCIS, therefore, will not be making changes to forms G-325, G-325A, G-325B or G-325C, based on this public submission.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

USCIS does not provide payments or gifts to respondents related to this information collection.

10. Describe any assurance of confidentiality provided to respondents and the basis for the

assurance in statute, regulation, or agency policy.

There is no assurance of confidentiality. The associated system of records notice for this information collection is United States Citizenship and Immigration Services 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 dated September 5, 2008. The information on the G-325C, however, is not disclosed to the authorities of the country a refugee applicant fled. The applicant is asked to sign Release of Confidentiality Form to facilitate the sharing of information with UNHCR, other U.S. Government agencies, and other resettlement countries. The decision to sign the consent form is voluntary.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to person’s from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14

Type of Respondent	Form Name / Form Number	No. of Respondents	No. of Responses per Respondent	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate*	Total Annual Respondent Cost
Individuals or Households	G-325	11,066	1	.25	2,766.5	$30.44	$84,212.3
Individuals or Households	G-325A	565,180	1	.25	141,295	$30.44	$4,301,019.8
Individuals or Households	G-325B	744,942	1	.416	309,895.87	$30.44	$9,433,228.2
Individuals or Households	G-325C	100,000	1	.25	25,000	$30.44	$761,000
Total		1,421,188			478,957.37		$14,579,460

*The above Average Hourly Wage Rate is calculated from the May 2011 Bureau of Labor Statistics average wage for “All Occupations” of $21.74 times the wage rate benefit multiplier of 1.4 equaling $30.44.

NOTE ON BURDEN:

Preparers. Many respondents may hire third parties for form completion so there may be a burden for a preparer to assist in the form completion process. USCIS will request public comment on burden required for preparers on the preparation and submission of this form. USCIS will include the results of the public comments and its own analysis in the next submission following this request.

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government or (4) as part of customary and usual business or private practices.

There is no cost burden to respondents for actually responding to this information collection- start-up, maintenance, and operating costs associated with completing the paperwork. There are no fees associated with forms G-325, G-325A, G-325B and G-325C.

This information collection may impose some out-of-pocket costs on respondents in addition to the time burden for the form’s preparation.

Preparers. Some respondents may hire third parties to assist in the request process. USCIS will request public comment on the number of these respondents who may hire preparers and the costs required to hire paid preparers for the preparation and submission of this form. USCIS will include the results of the public comments and its own analysis in the next submission following this request.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

Annualized Cost Analysis:

1. Printing Cost $ 3,131

2. Collection and Processing Cost $ 19,158,294

3. Total Cost to Program $ 19,161,425

Government Cost

The estimated cost to the government is $ 19,161,425. This figure was derived after adding the costs associated with each form, which were obtained by multiplying the estimated number of respondents associated with each particular form x (1) number of responses associated with each form x the time required to collect and process the information collected through each form x $40 (Suggested average hourly rate for clerical, officer, and supervisory time with benefits). In addition, this figure includes the estimated overhead cost for printing, stocking, and distributing the form which currently is $3,131.

• Government Cost associated with Form G-325 is $110,660: This figure is derived by multiplying 11,066 (the estimated number of respondents) x 1 (number of responses) x .25 hours (the time required to collect and process the information collected through this form) x $40 (Suggested average hourly rate for clerical, officer, and supervisory time with benefits); PLUS

• Government Cost associated with Form G-325A is $5,651,800: This figure is derived by multiplying 565,180 (the estimated number of respondents) x 1 (number of responses) x .25 hours (the time required to collect and process the information collected through this form) x $40 (Suggested average hourly rate for clerical, officer, and supervisory time with benefits); PLUS

• Government Cost associated with Form G-325B is $12,395,834: This figure is derived by multiplying 744,942 (the estimated number of respondents) x 1 (number of responses) x .416 hours (the time required to collect and process the information collected through this form) x $40 (Suggested average hourly rate for clerical, officer, and supervisory time with benefits); PLUS

• Government Cost associated with Form G-325C is $1,000,000: This figure is derived by multiplying 100,000(the estimated number of respondents) x 1 (number of responses) x .25 hours (the time required to collect and process the information collected through this form) x $40 (Suggested average hourly rate for clerical, officer, and supervisory time with benefits); PLUS

• Estimated overhead cost for printing, stocking, and distributing the form: $3,131.

15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

The following changes in estimates of the number of respondents and hour burden have occurred:

Form	Former # Respondents	New # Respondents	Change	Form Hour Burden	New Hour Burden	Change
G-325	200,000	11,066	-188,934	50,000	2,767	-47,234
G-325A	583,921	565,180	-18,741	145,980	141,295	-4,685
G-325B	500,000	744,942	244,942	208,000	309,896	101,896
G-325C	140,000	100,000	-40,000	25,000	25,000	10,000
Total	1,423,921	1,421,188	-2,733	428,980	478,958	39,978

This information is based on recent information USCIS has gathered on the number of responses it has received in connection with this information collection. No changes to the information collection collected have been made.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

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

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

USCIS will display the expiration date for this information collection in accordance with OMB regulations.

18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submission," of OMB 83-I.

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

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