IFR - Definition of Form I-94 to Include Electronic Format

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Rules and Regulations

Federal Register
Vol. 78, No. 59
Wednesday, March 27, 2013

This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.

DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 1, 210, 212, 214, 215, 231,
235, 245, 245a, 247, 253, 264, 274a, and
286
[USCBP–2013–0011; CBP Dec. No. 13–06]
RIN 1651–AA96

Definition of Form I–94 To Include
Electronic Format
U.S. Customs and Border
Protection, DHS.
ACTION: Interim final rule.

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AGENCY:

SUMMARY: The Form I–94 is issued by
the Department of Homeland Security
(DHS) to certain aliens and is used for
various purposes such as documenting
status in the United States, the approved
length of stay, and departure. DHS
generally issues the Form I–94 to aliens
at the time they lawfully enter the
United States. This rule adds a new
definition of the term ‘‘Form I–94’’ that
includes the collection of arrival/
departure and admission or parole
information by DHS, whether in paper
or electronic format. The definition also
clarifies various terms that are
associated with the use of the Form I–
94 to accommodate an electronic
version of the Form I–94. This rule also
adds a valid, unexpired nonimmigrant
DHS admission or parole stamp in a
foreign passport to the list of documents
designated as evidence of alien
registration. These revisions to the
regulations will enable DHS to
transition to an automated process
whereby DHS will create a Form I–94 in
an electronic format based on passenger,
passport and visa information DHS
currently obtains electronically from air
and sea carriers and the Department of
State as well as through the inspection
process.
DATES: Effective date: This interim rule
is effective April 26, 2013. In the event

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that CBP receives public comment that
identifies a credible basis for the Agency
to conclude that automation of the form
I–94 should be delayed, CBP retains
discretion to extend implementation for
an additional thirty days. If CBP
concludes that such extension is
appropriate, the Agency will post the
new implementation date on its Web
site, www.cbp.gov, no later than April
29, 2013.
Comment date: Written comments
must be submitted on or before April 26,
2013.
You may submit comments
identified by docket number, by one of
the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number.
• Mail: Regulations and Rulings,
Office of International Trade, U.S.
Customs and Border Protection,
Attention: Border Security Regulations
Branch, 90 K Street NE., 10th Floor,
Washington, DC 20229.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on this rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read comments received, go to http://
www.regulations.gov. Submitted
comments may also be inspected on
regular business days between the hours
of 9 a.m. and 4:30 p.m. at Regulations
and Rulings, Office of International
Trade, U.S. Customs and Border
Protection, 90 K Street NE., 10th Floor,
Washington, DC. Arrangements to
inspect submitted comments should be
made in advance by calling Mr. Joseph
Clark at (202) 325–0118.
ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Suzanne Shepherd, CBP Office of Field
Operations by telephone (202) 344–2073
or by email,
[email protected].
SUPPLEMENTARY INFORMATION:

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Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of this interim
final rule. U.S. Customs and Border
Protection (CBP) also invites comments
that relate to the economic,
environmental, or federalism effects that
might result from this regulatory
change. Comments that will provide the
most assistance to CBP will reference a
specific portion of the rule, explain the
reason for any recommended change,
and include data, information or
authority that support such
recommended change. Written
comments must be submitted on or
before April 26, 2013. CBP will consider
those comments and make any changes
appropriate after consideration of those
comments. CBP expects to publish a
final rule, which will respond to
comments received, 18 months from the
close of the comment period.
Executive Summary
The Form I–94 is issued by DHS to
certain aliens upon arrival in the United
States or when changing status in the
United States. The Form I–94 is used to
document arrival and departure and
provides evidence of the terms of
admission or parole. U.S. Customs and
Border Protection (CBP), a component of
DHS, generally issues the Form I–94 to
aliens at the time they lawfully enter the
United States. Aliens use the Form I–94
for various purposes such as completing
employment eligibility verification (the
Form I–9), applying for immigration
benefits, or to present to a university to
verify eligibility for enrollment.
Information gathered on the Form I–94
is also used for statistical purposes.
Transition to an Automated Form I–94
The Form I–94 is currently a paper
form. For aliens arriving by air or sea,
the carrier distributes the Forms I–94 to
the aliens required to complete the form
while en route to the United States. The
alien presents the completed form to the
CBP Officer at primary inspection. The
officer stamps the Form I–94 and the
alien’s passport, detaches the bottom
portion of the form, which is the
departure portion, and returns it to the
alien along with the alien’s passport.
The admission stamp contains the port
of arrival and date of arrival and is
annotated with the class of admission

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and admitted-to date. The top portion of
the form—the arrival portion—is sent to
a data entry facility where the
information on the form is entered into
CBP’s computer systems. The departure
portion of the Form I–94 retained by the
alien may be shown to government or
other stakeholders when required. The
alien turns in the departure portion of
the Form I–94 upon departure, generally
to the carrier; the carrier returns the
forms to CBP.
With the implementation of the
Advance Passenger Information System
(APIS 1) following 9/11, CBP now
collects information on aliens traveling
by air or sea to the United States
electronically from carriers in advance
of arrival. As outlined in Table 1 below,
nearly all the information collected on
the Form I–94 is collected electronically
via APIS. CBP also now uses the Arrival
and Departure Information System
(ADIS), which draws information from
APIS, to electronically document an
alien’s arrival and departure. Thus, for
aliens arriving in the United States by
air or sea, CBP obtains almost all of the
information contained on the paper
Form I–94 electronically and in
advance. The few fields on the Form I–
94 that are not collected via APIS are
either already collected by the
Department of State and transmitted to
CBP or will be collected by the CBP
Officer from the individual at the time
of inspection. Thus, the same data
elements found on the paper Form I–94
will be collected and maintained in the
electronic Form I–94. This means that
CBP no longer needs to collect Form I–
94 information as a matter of course
directly from aliens traveling to the
United States by air or sea.
Therefore, CBP is transitioning to an
automated process whereby CBP will
create an electronic Form I–94 based on
the information in its databases. This
rule makes the necessary changes to the
regulations to enable CBP to transition
to an automated process. At this time,
the automated process will apply only
to aliens arriving at air and sea ports of
entry.2 In order to make this a seamless
transition, CBP is making the electronic
Form I–94 available to aliens through a
Web site.3 To access the Form I–94
1 For more information, please see: http://
www.cbp.gov/xp/cgov/travel/
inspections_carriers_facilities/apis/.
2 Because CBP does not currently collect advance
travel information from aliens arriving by land, this
automation will not apply to land ports of entry at
this time.
3 DHS intends to publish a privacy impact
assessment and make it available at http://
www.dhs.gov/privacy-documents-us-customs-andborder-protection. For more information on the
privacy implications please see the Privacy section
of this document.

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through the Web site the traveler will
need to input information from his/her
passport; thus, a third party without
access to the traveler’s passport will not
be able to access the Form I–94 from the
Web site. If needed, aliens may print out
a copy of the Form I–94 from the Web
site and present it to third parties in lieu
of the departure portion of the paper
form. CBP intends to continue to
provide a paper Form I–94 to certain
classes of aliens, such as certain
refugees, asylees, and parolees, and
others as requested or whenever CBP
determines the issuance of a paper form
is appropriate.
Though in some cases CBP collects
APIS information for travelers arriving
in the United States via methods of
transportation other than commercial air
and sea, CBP does not consistently
receive APIS information for these other
methods or in some instances is unable
to consistently access the information at
the time the traveler presents him or
herself for inspection. Thus, at this time,
CBP will still need to collect Form I–94
information directly from travelers
arriving by other methods of
transportation. CBP anticipates
expanding the automation of the Form
I–94 to other methods of transportation
in the future.
Because the regulations that address
the Form I–94 and its uses were written
at a time when a paper form was the
only option to collect arrival and
departure information, many of these
regulations contemplate only the use of
the paper form. In order to enable CBP
to transition from a paper Form I–94 to
a CBP-created electronic Form I–94,
CBP is adding a definition of ‘‘Form I–
94’’ in 8 CFR part 1 that allows for the
collection of Form I–94 information in
either paper or electronic format. The
definition also clarifies various terms in
8 CFR that are associated with the use
of the Form I–94 to include the
electronic version of the Form I–94.
The automation provides immediate
and substantial benefits to the traveling
public, to carriers, to CBP and other
stakeholders. This automation will
eliminate most of the duplicative paper
Form I–94 process and reduce wait
times at passenger processing, which
will facilitate entry of all travelers. The
automation will eliminate the paper
Form I–94 for most air and sea travelers
and, with it, the 8-minute time burden;
this would result in an estimated total
reduction of 9.6 million Forms I–94
completed by paper, and an estimated
reduction of 1,276,800 paperwork
burden hours. For more information on
the reduction in the paperwork burden,
see the Paperwork Reduction Act
section below. The automation will also

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save the time and expense associated
with lost Forms I–94, as travelers will
simply be able to print out a new copy
from the Web site if needed rather than
file an I–102, as currently required,
which has a fee of $330 and a time
burden of 25 minutes. CBP estimates
that the time to access the Web site and
print the electronic Form I–94 to be 4
minutes.
Additionally, carriers will no longer
have to print, store, and distribute the
forms, and CBP will not have to process
them. This will result in significant cost
savings (benefits) for foreign travelers,
carriers, and CBP. Guidance from the
Office of Management and Budget
(OMB) states regulatory analyses should
focus on benefits and costs that accrue
to citizens and residents of the United
States.4 In order to make this distinction
clear, CBP provides costs and benefits of
this rule to foreign travelers as well as
to U.S. entities. CBP anticipates the total
net benefits to both domestic and
foreign entities in 2013 range from $76.5
million to $115.5 million. Separately,
CBP anticipates a net benefit in 2013 of
between $59.7 million and $98.7
million for foreign travelers, $1.3
million for carriers, and $15.5 million
for CBP. Net benefits to U.S. entities
(carriers and CBP) in 2013 total $16.8
million. CBP seeks comment on the
potential benefits or costs of this rule for
foreign travelers.
Background
The Form I–94
The DHS Form I–94 is generally
issued to aliens at the time they lawfully
enter the United States other than aliens
traveling to the United States under the
Visa Waiver Program,5 or aliens who are
otherwise exempt. See 8 CFR 235.1(h).
The Form I–94 is also issued when an
alien changes immigration status within
the United States. The Form I–94 is
used to document status in the United
States, the authorized length of stay, and
departure. Biographical information,
visa and passport information, and the
address and phone number where the
alien can be reached while in the United
States are also collected on the Form I–
94. When an alien is admitted to the
United States, the Form I–94 becomes
the evidence of the terms of the
admission. For aliens paroled into the
4 See OMB Circular A–4, page 15 (http://
www.whitehouse.gov/sites/default/files/omb/assets/
regulatory_matters_pdf/a-4.pdf).
5 The Form I–94 is not required for aliens seeking
admission into the United States under the Visa
Waiver Program (VWP). The Form I–94W is the
form required for aliens seeking admission into the
United States under the VWP. In 2009, the ESTA
program automated the Form I–94W in the air and
sea environments.

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United States, the Form I–94 reflects the
duration and classification of parole.
The Form I–94 has been used for
approximately 50 years by DHS, its
predecessor agencies, and external
stakeholders for a variety of purposes.
CBP and U.S. Immigration and Customs
Enforcement (ICE), components of DHS,
use the form to document arrival and
departure, as well as class of admission
or duration of parole. U.S. Citizenship
and Immigration Services (USCIS), also
a component of DHS, issues Forms I–94
to aliens extending their authorized
length of stay or changing their
immigration status while in the United
States. USCIS also uses Form I–94
information to verify lawful admission
or parole when adjudicating
immigration benefit requests,
confirming employment authorization
for employers participating in USCIS’s
E-Verify program, or verifying
immigration status for benefit granting
state and federal government agencies
participating in USCIS’s Systematic
Alien Verification for Entitlements
(SAVE) program. The Form I–94 is also
used by the Social Security
Administration (SSA), state agencies,
such as Departments of Motor Vehicles
(DMV), and public assistance agencies
and organizations, to verify eligibility
for benefits. The form is used by certain
aliens for evidence of lawful admission
or parole, as well as, where applicable,
employment eligibility and eligibility
for public benefits. Information
collected by the Form I–94 is also
provided to the Department of
Commerce (DOC) for statistical
purposes, including use by the DOC
Office of Travel and Tourism Industries
to collect monthly visitation data and
for reporting of travel by country of
residence to comply with the United
Nations World Tourism Organization
recommendation for reporting arrivals
to all countries.
Current Paper Form I–94 Process at
Airports and Seaports
The paper Form I–94 consists of two
parts, the arrival portion and the
departure portion. Air and sea carriers
print and store the Form I–94 and
provide each alien passenger with a
blank paper Form I–94.6 Each alien
arriving by air or sea for whom a Form
I–94 is required completes both the
arrival and departure portions of the
form either en route or upon arrival in
the United States. Each carrier is
responsible for presenting a completed
Form I–94 for each arriving alien to a
6 CBP

also prints Form I–94s, which are available
at ports of entry for travelers who may need an
additional blank form.

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CBP Officer. See 8 CFR 231.1. In
practice, the carrier accomplishes this
by ensuring that each passenger
presents him/herself to a CBP Officer for
inspection at a U.S. port-of-entry,
generally with the aid of security
protocols. The Form I–94 is then
presented to the CBP Officer at primary
inspection, along with the alien’s
passport and any other applicable
documents and information. After the
successful completion of the inspection
process, a CBP Officer stamps the alien’s
Form I–94 and passport. The DHS
admission stamp contains the port of
arrival and date of arrival, and is
annotated with the class of admission
and the authorized length of stay. The
parole stamp contains the port of arrival
and date of arrival, and is annotated
with the duration of parole and parole
classification. The CBP Officer retains
the arrival portion of the Form I–94 and
returns the departure portion and the
passport to the alien. The departure
portion of the form is provided to the
alien to retain in his or her possession
for the duration of his or her stay and
to surrender upon departure. In some
circumstances, an alien is required to
have the Form I–94 in his or her
possession at all times while in the
United States. Air and sea carriers are
responsible for presenting a completed
Form I–94 for each departing alien
passenger to a CBP Officer. See 8 CFR
231.2(b). If the alien is departing by
commercial air or sea carrier, he or she
turns in the departure portion to the
airline or shipping line prior to
departure. The carrier then returns the
form to CBP.
The information requested on the
upper portion of the I–94, the arrival
portion, includes:
• Family name
• First (Given) Name
• Birth Date
• Country of Citizenship
• Sex (Male or Female)
• Passport Issuance Date 7
• Passport Expiration Date
• Passport Number
• Airline and Flight number (if
applicable)
• Country Where You Live
• Country Where You Boarded
• City Where Visa Was issued
• Date Issued
• Address While in the United States
(number, street, city, and state)
• Telephone Number in the United
States Where You Can be Reached
• Email Address
7 Passport issuance date, passport expiration date,
telephone number, and email address are newer
fields not found on all forms currently in
circulation.

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The following information currently
is requested on the lower portion of the
Form I–94, the departure portion:
• Family Name
• First (Given) Name
• Birth Date
• Country of Citizenship
Once an alien is admitted to the
United States, the Form I–94 is evidence
of the terms of the admission. For aliens
paroled into the United States, the Form
I–94 includes the terms of parole. CBP
collects the arrival portions of the Forms
I–94 daily at each port of entry and
boxes and mails them to a centralized
data processing center for logging/
processing/scanning, and data capture.
The data is then uploaded to a CBP
database. DHS components have access
to the database that contains the Form
I–94 information, and can use this
database to verify an alien’s admission
or parole information and immigration
status. Entities outside DHS, such as
SSA or state DMVs, can verify
information by querying a DHS system
or contacting DHS.
Automation of the Form I–94 at Airports
and Seaports
The Form I–94 was established prior
to advances in technology and the
implementation of security measures
that enable CBP to collect advance
arrival and departure information about
passengers electronically. For aliens
arriving in or departing from the United
States by air or sea, the data elements
collected on the paper Form I–94
duplicate the information that CBP
collects through other mechanisms. As
explained in this section (including
Table 1), CBP collects this information
from APIS, visa information and
information provided to CBP at the time
of inspection.
As a result of enhanced security
measures implemented by CBP
subsequent to the September 11, 2001
terrorist attacks, CBP regulations require
commercial vessel carriers and
commercial and private air carriers to
electronically transmit advance manifest
information regarding their passengers,
crew members, and non-crew members
(cargo flights only) arriving in and
departing from the United States.
Passengers, crew members, and noncrew members are required to submit
certain biographical information to the
carriers, which the carriers then collect
and submit to CBP prior to the alien’s
arrival in or departure from the United
States. The information is transmitted to
CBP through APIS (including eAPIS,8 as
8 eAPIS is a CBP web-based application that
provides for the collection of electronic traveler

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applicable). See 19 CFR 4.7b, 4.64,
122.22, 122.49a–122.49c, 122.75a, and
122.75b.
The information transmitted to CBP
by carriers using APIS consists of
information that appears on the
biographical data page of travel
documents, such as passports issued by
governments worldwide, as well as
carrier information. For passengers,
APIS data consists of certain
biographical information and
conveyance details collected via the
passenger reservation and check-in
processes. The information submitted
for each individual onboard the aircraft
or vessel includes:
• Full name (last, first, and, if
available, middle)
• Date of birth
• Gender (F = female; M = male)
• Citizenship
• Country of residence
• Status on board the aircraft/vessel
• Travel document type (e.g., P =
passport, A = alien registration)
• Passport number, if a passport is
required, or DHS-Approved travel
document number, as applicable
• Passport country of issuance, if a
passport is required, or DHS-Approved
travel document country of issuance, as
applicable
• Passport expiration date, if a
passport is required, or DHS-Approved
travel document expiration date, as
applicable
• Alien registration number, where
applicable
• Address while in the United States
In addition to the manifest
information for each individual, the air
or sea carrier also must provide
information about the flight or voyage.
The flight or voyage information the air
or sea carrier must provide that is
relevant to the Form I–94 is the airline
and flight number and the place of
departure.
Visa information is made available to
CBP by the Department of State via the
Consular Consolidated Database (CCD).
At the time of inspection and admission
or parole, the CBP Officer is able to
collect additional data, such as email
address, phone number, and updated
address while in the United States.
Table 1 below lists the source of each
data element for the electronic Form I–
94.
manifest information for international travel both in
to and out of the United States. eAPIS collects and
passes electronic manifests to APIS.

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TABLE 1— SOURCES OF DATA FOR
ELECTRONIC FORM I–94
Source for
electronic
Form I–94

Data element
Arrival Portion:
Family name ........................
First (given) name ...............
Birth date .............................
Country of citizenship ..........
Sex (male or female) ...........
Passport issuance date .......
Passport expiration date .....
Passport number .................
Airline and Flight number (if
applicable).
Country where you live .......
Country where you boarded
City where visa was issued
Date visa was issued ..........
Address while in the United
States.

Telephone number while in
the United States.
Email address ......................

Departure Portion:
Family name ........................
First (given) name ...............
Birth date .............................
Country of citizenship ..........

APIS
APIS
APIS
APIS
APIS
APIS
APIS
APIS
APIS
APIS
APIS
State Department
via CCD.
State Department
via CCD.
APIS, and
may be
updated
at time
of inspection.
Officer at
time of
inspection.
Officer at
time of
inspection.
APIS
APIS
APIS
APIS

Thus, for aliens arriving in the United
States by air or sea, CBP obtains almost
all of the information contained on the
paper Form I–94 electronically from the
carriers and the Department of State and
is able to collect any additional fields
from the individual at the time of
inspection. This means that CBP no
longer needs to collect Form I–94
information from these travelers as a
matter of course. Therefore, CBP is
transitioning to an automated process
whereby CBP will create an electronic
Form I–94 based on the information in
its databases, which CBP will make
available to the alien through the Web
site: www.cbp.gov/I94. At this time, the
automated process will apply only to
aliens arriving at air and sea ports of
entry. This is because the electronic
record draws largely from APIS
information submitted by air and sea
carriers. CBP will continue to provide a
paper Form I–94 to those who request
such form, as well as to certain classes
of aliens, such as certain refugees,
asylees, and parolees, and whenever

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CBP determines the issuance of a paper
form is appropriate. For these
individuals arriving by air and sea
carriers, an electronic Form I–94 will
also be created.
The electronic Form I–94 will be
created during the inspection process at
the time of admission or parole when
the CBP Officer pulls information from
the traveler’s APIS record and any CCD
record, and enters any additional data
obtained during the inspection process.
The same data elements found on the
paper Form I–94 will be collected and
maintained in the electronic Form I–94.
Any information the officer would have
written or stamped on the paper form at
the time of admission or parole can be
entered into the electronic form. The
departure record is created from APIS
using the Arrival and Departure
Information System (ADIS) to match the
departure to the correct arrival record.
Alien travelers will be able to access
and print their electronic Form I–94 via
the Web site CBP has established for
this purpose: www.cbp.gov/I94.
Travelers to whom an electronic Form
I–94 has been issued will be able to log
on to the Web site using identifying
information and print a copy of the
electronic Form I–94. In order to access
the Form I–94 from the Web site, the
traveler will be required to enter
information from his or her passport;
thus, a third party without access to the
traveler’s passport will not be able to
access the Form I–94 from the Web site.
The printout from the Web site will be
the functional equivalent of the
departure portion of the paper form and
will contain the same information as the
departure portion of the paper form.
CBP will continue to stamp the
traveler’s passport at the time of
inspection and any admission or parole
and will annotate the stamp with the
class of admission or parole and
duration of admission or parole. CBP
will distribute a tear sheet to each alien
who is issued an electronic Form I–94
at the time of inspection with
information about the Web site and
procedures for obtaining a printout to
the alien upon arrival in the United
States.
Aliens who may be required to
present the Form I–94 to a third party
for some purpose, such as employment
or benefit eligibility, may present the
printout from the Web site. For
example, nonimmigrants who are
employment authorized incident to
status (see, e.g., nonimmigrants listed at
8 CFR 274a.12(b)) may print a copy of
their electronic Form I–94 for evidence
of employment authorization. The
printout is the equivalent of the paper
Form I–94 acceptable to present to

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employers to comply with the
Employment Eligibility Verification
form (Form I–9) requirements. As
discussed in detail in the 12866 section
below, because so many parties at
various levels of government and
outside of the government use the Form
I–94, we cannot estimate the number of
aliens who use the Form I–94 for these
purposes. For the 12866 analysis, we
assume that all non-B–1/B–2 travelers
(about 26 percent of the total) will need
to use the Form I–94 for some purpose.
See INA section 274A(a)(1)(B), 8 U.S.C.
1324a(a)(1)(B); 8 CFR
274a.2(b)(1)(v)(A)(5) and (b)(1)(v)(C)(8).
As described more fully in the section
entitled ‘‘Executive Order 12866
(Regulatory Planning and Review) and
Executive Order 13563 (Improving
Regulation and Regulatory Review),’’ the
elimination of the paper Form I–94 in
the air and sea environments has many
benefits. Carriers will no longer have to
print, store, and distribute the paper
form to its alien passengers or collect
the form when the alien departs. These
aliens will not have to complete the
form when arriving in the United States
or turn in the form when they depart the
United States. Additionally, an alien
will have the convenience of being able
to access his or her form electronically,
and will be able to print a new copy if
one is lost, or to print multiple copies
if needed. CBP will not have to collect
the forms, stamp them, return the
departure portion to the alien and
manually enter the Form I–94
information into its database. This
streamlines CBP’s inspection process.
The effect will be the elimination of
most of the duplicative paper Form I–
94 process and the reduction of wait
times at passenger processing, which
will facilitate entry of all travelers.
Because the Form I–94 is used for
various purposes, CBP has been working
closely with other DHS components and
other government stakeholders to ensure
that the transition to the automated
Form I–94 is as smooth as possible and
done in a manner that addresses the
needs of these stakeholders. For the past
year, CBP has been meeting regularly
with stakeholders, including U.S.
Government agencies, DMVs, and
universities, on all aspects of
automating the Form I–94 to ensure that
stakeholders are prepared for the
additional acceptance of the electronic
Form I–94. For stakeholders that rely on
the Form I–94 for immigration status
verification or other purposes, a benefit
of automation is that the electronic
version of the Form I–94 is immediately
available to them through their
connections to CBP’s database. By
contrast, with the paper form, there is

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typically a lag time of approximately
five business days or longer between
arrival, data entry, and the availability
of the records on the CBP database. CBP
anticipates that most stakeholders will
not require a change to their operations
as a result of this automation.
Government stakeholders will continue
to access an alien’s Form I–94
information in the same way that they
currently do: Through their connection
to CBP’s database. For stakeholders who
now access the Form I–94 information
when the alien presents his or her form,
the process will also not meaningfully
change; the alien will now simply
present a printout from the Web site
rather than the departure portion of a
paper Form I–94. CBP seeks comments
from these stakeholders on the above
assumptions.
Regulatory Change: New Form I–94
Definition
Many provisions in 8 CFR refer to the
Form I–94 and its use. However,
because these regulations were written
at a time when a paper form was the
only option to collect arrival and
departure information, many of these
regulations contemplate only the use of
the paper form. In order to enable CBP
to transition from a paper Form I–94 to
a CBP-created electronic Form I–94,
CBP is adding a definition of ‘‘Form I–
94’’ in 8 CFR part 1 that allows for the
collection of Form I–94 information in
either paper or electronic format. It
provides that ‘‘[t]he term Form I–94’’
‘‘includes the collection of arrival/
departure and admission or parole
information by DHS, whether in paper
or electronic format, which is made
available to the person about whom the
information has been collected, as may
be prescribed by DHS.’’ 8 CFR 1.4.
As discussed earlier, CBP, USCIS,
ICE, and other government agencies use
the Form I–94 in a variety of ways,
many of which are specified in 8 CFR.
For example, the form is included in the
list of acceptable documentation that
may be presented to employers to
demonstrate employment authorization
during the employment eligibility
verification process (Form I–9). The
Form I–94 is also necessary for
completing USCIS forms requesting
immigration benefits, such as the
Application to Register Permanent
Residence or Adjust Status (Form I–
485), or when seeking the admission of
an alien for the duration of an
unexpired period of a previous
admission.9 Therefore, the definition of
9 Seeking admission for the duration of an
unexpired period of a previous admission is
referred to as automatic revalidation. Pursuant to 8

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‘‘Form I–94’’ also clarifies the various
terms in 8 CFR that are associated with
the use of the Form I–94 to include the
electronic version of the Form I–94. For
example, the definition specifies that
‘‘presentation’’ of the Form I–94
includes providing a printout of the
electronic record. ‘‘Issuance’’ of the
Form I–94 includes the creation of the
electronic Form I–94 for a traveler. To
comply with regulations requiring the
alien to turn in the departure portion of
the Form I–94 at the time of departure,
the definition provides that in the case
of an alien with an electronic Form I–
94, he or she must comply with any
DHS departure controls. The carrier
providing departure conveyance must
submit departure information to CBP for
each departing alien.
As described in the section entitled
‘‘Current paper Form I–94 process at
airports and seaports,’’ sections 231.1
and 231.2 of the DHS regulations
require air and sea carriers to submit a
completed Form I–94 for each arriving
alien and to submit the departure
portion of this Form I–94 for each
departing alien. Because these sections
concern the carriers rather than the
nonimmigrant aliens directly, the terms
‘‘present,’’ ‘‘submit,’’ and ‘‘submission’’
used elsewhere in the DHS regulations
pertaining to the Form I–94 are
employed somewhat differently in
sections 231.1 and 231.2. Thus, the
definitions of these terms for the
purposes of sections 231.1 and 231.2 are
tailored to this unique situation. For
purposes of section 231.1, the terms
‘‘present’’ or ‘‘submission’’ of the Form
I–94 includes ensuring that each
passenger presents him/herself to a CBP
Officer for inspection at a U.S. port-ofentry. This definition reflects the
carriers’ current practice for arriving
passengers, as also discussed in the
section on ‘‘Current paper Form I–94
process at airports and seaports.’’ For
the purposes of section 231.2, the terms
‘‘present,’’ ‘‘submit,’’ or ‘‘submission’’ of
the Form I–94 include ensuring that
each passenger is available for
inspection by a CBP Officer upon
request.
CBP is also amending section 264.1(b)
to add to the list of documents that
constitute evidence of registration of a
valid, unexpired nonimmigrant DHS
admission or parole stamp in a foreign
passport. Additionally, for clarity, CBP
is amending provisions throughout 8
CFR to include a reference to the new
definition immediately following the
CFR 214.1 and 22 CFR 41.112, automatic
revalidation applies to unexpired nonimmigrant
visas of aliens who have been out of the United
States for thirty days or less in a contiguous
territory.

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first use of the term ‘‘Form I–94’’ in a
section. This is to ensure that those
reading these provisions are aware that
the new definition exists.
Statutory and Regulatory Requirements
Executive Order 12866 (Regulatory
Planning and Review) and Executive
Order 13563 (Improving Regulation and
Regulatory Review)
Executive Orders 13563 and 12866
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule is
a ‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget has reviewed this
regulation.
This rule results in substantial cost
savings (benefits) for travelers, carriers,
and CBP. CBP anticipates the total net
benefits to both domestic and foreign
entities in 2013 range from $76.4
million to $115.5 million.10 Separately,
CBP anticipates a net benefit in 2013 of
between $59.7 million and $98.7
million for foreign travelers, $1.3
million for carriers, and $15.5 million
for CBP. Net benefits to U.S. entities
(carriers and CBP) in 2013 total $16.8
million. The following discussion
provides an assessment of costs,
benefits, and net impacts of the rule.

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1. Baseline Condition
A Form I–94 is generally provided
during the inspection process at the
time of admission or parole for any alien
who is not arriving in the United States
under the Visa Waiver Program, unless
otherwise exempt. When arriving by air
and sea, the carrier provides the form to
the alien while en route to the United
States. The alien typically completes the
form while en route to the United
States. The Form I–94 takes the alien
approximately 8 minutes to fill out,
according to CBP’s Paperwork
Reduction Act time burden estimate.
10 OMB Circular A–4 states regulatory analyses
should focus on benefits and costs that accrue to
citizens and residents of the United States (http://
www.whitehouse.gov/sites/default/files/omb/assets/
regulatory_matters_pdf/a-4.pdf; see ‘‘Scope of
Analysis’’ section on page 15). In order to make this
distinction clear, CBP has shown the costs and
benefits to foreign travelers as well as impacts to
U.S. entities.

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Upon arrival at the airport or seaport,
the alien presents the completed Form
I–94 to the CBP Officer for inspection.
The officer tears the form at the
perforation, stamps the lower portion,
and returns it to the alien. The officer
sends the top portion of the form to a
centralized facility where all Forms I–94
are entered into CBP’s systems. The
alien later returns the lower portion of
the Form I–94 to the carrier when
departing the United States, who in turn
returns it to CBP.
A third party, such as a university or
a local or state government benefitgranting agency, may require an alien to
present evidence of admission or parole
to the United States. In these cases, the
alien may present the bottom portion of
the Form I–94, which was returned to
them when they were admitted, paroled,
or granted their immigration status.
Aliens may also choose to present Form
I–94 to establish employment eligibility
and identity or eligibility for certain
public benefits.
If an alien loses the bottom portion of
the Form I–94, he or she may file Form
I–102, Application for Replacement/
Initial Nonimmigrant Arrival-Departure
Document, with USCIS to request a
replacement. The form has a Paperwork
Reduction Act burden of 25 minutes
and a fee of $330. According to the
USCIS, 17,700 Forms I–102 are filed
each year. CIS expects this to decrease
to 8,804 in fiscal year 2013 and 5,771 in
subsequent years. 11 The 2013 numbers
are higher because the projection is
done on a fiscal year basis and includes
several months before this rule is in
effect. For the purpose of this analysis,
we assume that rule will result in only
5,771 Forms I–102, which is a reduction
of 11,929 from the current estimate.
According to the Office of
Immigration Statistics (OIS),12 about
46.4 million aliens entered the United
States using a Form I–94 or equivalent
in 2010. Of these, about 18.2 million
entered under the Visa Waiver Program
(VWP). These aliens do not use a Form
I–94 and are therefore unaffected by this
rule,13 so we exclude them from this
11 Source: Communication with USCIS on
February 8, 2013.
12 Source: 2010 Yearbook of Immigration
Statistics. Table 28. http://www.dhs.gov/files/
statistics/publications/yearbook.shtm
13 In addition to automating the I–94, this rule
adds a valid, unexpired nonimmigrant DHS
admission or parole stamp to the list of documents
that constitute evidence of registration. Thus, upon
implementation of this rule, such a stamp could
serve as evidence of registration for Visa Waiver
Program travelers and for travelers arriving by land
who would otherwise be required to comply with
any registration requirement under the INA.
However, the addition of the passport stamp to the
list of documents that constitute evidence of
registration does not have an economic impact on

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analysis. Additionally, OIS figures
include all modes of transportation.
This rule affects only aliens arriving by
air and sea, so we must exclude those
arriving by land. We therefore subtract
the number of aliens entering the U.S.
at land border ports using a Form I–94
in 2010. According to CBP’s Office of
Field Operations, about 11.5 million
aliens arriving from Mexico and 1.3
million arriving from Canada entered
the United States at the land border
using a Form I–94 in 2010. We subtract
these from the total, leaving 15,360,126
non-VWP aliens who arrived in the U.S.
by air or sea using a Form I–94 in 2010.
We next estimate the number of I–94
travelers in future years. To do this, we
use the traveler projections developed
by the Office of Travel and Tourism
Industries (OTTI) within the U.S.
Department of Commerce. The OTTI
forecasts travel for most countries
through 2016. The vast majority of
travelers from most countries arrive by
air and sea, so we assume that air
traveler growth rates are the same as
those for the total traveler population.
For Mexico and Canada, we subtract the
number of I–94 travelers arriving by
land in 2010 before applying the
projected growth rates.14 We apply the
OTTI projected growth rates to the
number of Forms I–94 by country we
obtained from OIS. We present the total
number of projected Forms I–94 for each
year from 2010–2016 in Exhibit 1 below.

EXHIBIT 1—PROJECTED I–94 AIR AND
SEA TRAVELERS
2010
2011
2012
2013
2014
2015
2016

..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................

15,360,126
16,586,753
17,868,246
19,339,773
20,875,058
22,672,552
24,495,264

We next estimate the costs and
benefits of this rule for all affected
parties. For the purposes of this analysis
only, we assume the rule went into
effect on January 1, 2013. To the extent
the rule goes into effect after this date,
costs and benefits will be lower. The
period of analysis for this rule is 2012
to 2016, the last year for which OTTI
has projected annual U.S. visitor growth
rates.
travelers. Therefore, this analysis focuses on the
changes to the I–94.
14 For the purposes of these projections, we
assume that aliens arriving from Mexico and
Canada at land borders are Mexican and Canadian
citizens. There are a small number of citizens of
other countries who enter the U.S. at land borders.
Because the number for each country is small, the
effect on the projections is minimal.

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2. Costs
We now examine the costs of this rule
to CBP. CBP seeks comments on the
assumptions discussed below. If
implemented, the costs of this rule will
be borne by both CBP and aliens
traveling to the United States. This rule
would automate the paper Form I–94 in
the air and sea environments.15 Almost
all of the traveler information collected
on the Form I–94 is redundant because
CBP already obtains the same
information electronically from other
sources. In advance of the
implementation of this rule, CBP has
linked its data systems to use the
information from these alternate sources
to create an electronic Form I–94 during
the admissions process. CBP will create
the electronic Form I–94 by pulling
information from the traveler’s APIS
record and any CCD record and by
entering any additional data obtained
during the inspection process. This
electronic process will also allow
stakeholders that currently have access
to CBP’s databases to continue to have
access to traveler information
electronically. CBP estimates the cost to
link data systems and to fully automate
the Form I–94 to be about $1 million in
calendar year 2012. In addition, it
estimates the cost to develop the secure
Web site to be about $321,000 in 2012.
CBP anticipates spending $92,000 per
year in operations and maintenance
costs for these systems. In total, CBP
anticipates this rule will cost the agency
$1,321,000 in 2012 and $92,000 in
following years.
We next examine the costs of this rule
that will be borne by travelers to the
United States. While most travelers do
not use the Form I–94 for any reason
once they are admitted or paroled to the
United States, others do make use of the
form to demonstrate lawful admission
or parole to the United States to
universities, DMVs, or some other party.
Aliens may also choose to present a
Form I–94 to establish employment
eligibility and identity, or eligibility for
certain public benefits. To accommodate
this need for a Form I–94, CBP will
make an electronic Form I–94 available
to aliens on a secure Web site. Travelers
will receive written information on how
to access the Web site upon their arrival
to the United States. Aliens may log into
the Web site using 7 pieces of basic
identifying information that is either
known to the traveler (their first name,
last name and date of birth) or readily
available on their passport (passport
15 A small number of Forms I–94 will still be used
for certain aliens such as refugees, applicants for
asylum, parolees, and those who request a paper
Form I–94.

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number, country of issuance, date of
entry, and class of admission). CBP
estimates that it will take the traveler 4
minutes to log into the Web site using
identifying information and print the
electronic form. This is less time than
the paper Form I–94’s 8 minute time
burden for entering the 17 data
elements. This 4 minute estimate does
not include the time it takes to travel to
a location with computer and Internet
access; that cost is treated separately
later in this section. In addition, CBP
will continue to make the paper Form
I–94 available at ports of entry to certain
classes of aliens and upon request,
though CBP does not anticipate that
many travelers will request the paper
form.
To estimate the costs to travelers to
access their Form I–94 electronically,
we must first determine the number of
aliens who will access the Web site, the
number who do not have ready access
to the Internet, the distance they would
have to travel to access the Internet, and
the average wage rate for all aliens
entering the United States by air or sea.
First, we assess the number of aliens
who will access the Web site. Exhibit 2
shows the number of travelers who
entered the United States by air or sea
in 2010 sorted by various categories of
admission.16 The majority of Form I–94
visitors to the United States—about 74
percent—are tourists and business
travelers entering on B–1/B–2 visas.
These visitors do not have a need for
their Form I–94 now that the passport
stamp will serve as evidence of alien
registration. While in the U.S., these B–
1/B–2 visa travelers may use their
foreign driver’s license, so there is no
need for them to apply for a U.S.
driver’s license. They are ineligible for
employment or enrollment in a
university while traveling on a B–1/B–
2 visa. They are generally not eligible
for public benefits without a change in
status. If B–1/B–2 travelers change their
status with USCIS, they will receive a
paper Form I–94. Therefore, for the
purposes of this analysis, we assume
that no B–1/B–2 travelers will need to
access the Web site.

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EXHIBIT 2—2010 AIR AND SEA I–94S
BY CLASS OF ADMISSION—Continued
Number

Percentage

Students ............
Temporary workers .................
Other/Unknown
Diplomats ..........

1,526,786

9.9

1,523,039
624,181
333,550

9.9
4.1
2.2

Total ...........

15,360,126

....................

Because so many parties at various
levels of government and outside of the
government use the Form I–94, CBP
cannot estimate how many aliens who
are not B–1/B–2 travelers will access the
Web site. As noted above, CBP will
continue to make the paper Form I–94
available at ports of entry upon request.
Those with a need for a Form I–94 and
who face obstacles to electronic access
of their Form I–94 may request a paper
I–94 upon arrival at the port of entry.
Because we do not know how many
people need a physical copy of their
Form I–94 or how many face obstacles
to accessing their electronic I–94, for the
purposes of this analysis, we assume
that every traveler, other than B–1/B–2
travelers, who currently receives a paper
Form I–94 will log into the Web site to
print off their electronic Form I–94. In
2010, we estimate this to be 4,007,557
travelers. To the extent that some of
these aliens do not access the Web site,
costs will be lower.
We next estimate the number of aliens
who do not have ready access to the
Internet while in the United States and
would need to travel to access their
electronic Form I–94. We assume that
students and diplomats have ready
access to the Internet at their schools or
places of business, respectively. Also, as
noted above, CBP will continue to make
the paper Form I–94 available at ports
of entry upon request. Those with a
need for a Form I–94 and who face
obstacles to accessing their electronic
Form I–94 may request a paper I–94
upon arrival at the port of entry.
Temporary workers come to the
United States for varying lengths of time
to fill positions where there is a shortage
EXHIBIT 2—2010 AIR AND SEA I–94S of labor in the United States. These
positions can be in very highly technical
BY CLASS OF ADMISSION
occupations, such as computer
Number
Percentage programming, but can also be in less
technical occupations, such as
Tourists and
agricultural labor. Because this category
Business
of admission includes such a wide range
Travelers (B–
of workers, we cannot say with certainty
1/B–2) ............
11,352,569
73.9 that all temporary workers have ready
access to the Internet while in the
16 Source: CBP analysis of data from 2010
United States. Similarly, we do not
Yearbook of Immigration Statistics. Table 28.http:
know how accessible the Internet is for
//www.dhs.gov/files/statistics/publications/
those in the ‘‘Other/Unknown’’
yearbook.shtm

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category. The aliens least likely to have
Internet access are those working as
temporary agricultural laborers.
According to the U.S. Department of
Agriculture (USDA), approximately 62
percent of farms have Internet access.17
The primary use for the electronic Form
I–94 for these workers is to demonstrate
employment eligibility to their
employers. Until the workers present a
copy of their electronic Form I–94 to
their employer, they are not able to
work. The employers have spent a
considerable amount of money bringing
the employee to the country to work.
Allowing the employee to use the
Internet to access their electronic Form
I–94 will allow the employee to begin
working sooner. Because this
incremental use of the Internet is
virtually costless to the employer and
the employer would benefit from their
employee’s prompt access to their
electronic Form I–94, we assume that
employers with Internet access will
allow their employees to use their
Internet connection to access their
electronic Forms I–94.18 As stated
previously, 62 percent of farms have
Internet access. For the purposes of this
analysis, we assume that 38 percent
(100 percent minus 62 percent) of
travelers in the ‘‘Temporary Workers’’
and ‘‘Other/Unknown’’ categories
(815,944 travelers in 2010) would need
to travel to access their electronic Form
I–94. CBP seeks comment on these
assumptions. Once again, we note that
CBP will continue to make the paper
Form I–94 available at ports of entry
upon request. CBP intends to have a
considerable outreach effort in place by
the time that this rule is effective
including outreach to airlines and
travelers to communicate that
requesting a paper Form I–94 continues
to be an option. Those with a need for
a Form I–94 and who face obstacles to
electronic access of their Form I–94 may
request a paper I–94 upon arrival at the
port of entry. To the extent that they
request paper I–94s, the number of
aliens who will need to travel to a place
17 Source: ‘‘Farm Computer Usage and
Ownership, ‘‘United States Department of
Agriculture National Agricultural Statistics. August
2011. Available at: http://
usda01.library.cornell.edu/usda/current/
FarmComp/FarmComp-08–12–2011.pdf.
18 It is also possible that some employers without
Internet access will help transport their employees
to a location with Internet access. Employers have
expended considerable effort to sponsor temporary
workers and they may view this as part of the cost
of using foreign temporary workers. However, as the
burden of demonstrating employment eligibility is
on the worker, we assume that the worker must bear
any travel costs to obtain their electronic Form I–
94. To the extent that the employer is able to
provide more efficient access to the Internet, costs
will be lower.

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where they can access the Internet will
be lower.
Now that we have estimated the
number of aliens who do not have ready
access to the Internet, we need to
develop an assumption for how long it
takes to travel to a location where they
can access the Internet. Based on our
online review of Internet services
provided by public libraries, we found
public libraries provide public access to
computers and the Internet, though
many charge a nominal fee for printing.
There are 16,698 public libraries in the
United States.19 According to the
Department of Education, 94 percent of
households live within 10 miles of a
public library and 83 percent live
within 5 miles of one.20 Because of the
large number of locations nationwide
that provide access to the Internet and
the fact that CBP will continue to make
the paper Form I–94 available at ports
upon request, we believe most aliens
will have to travel only a short distance
to access the Internet. We estimate that
round-trip travel to a public library to
access a computer terminal will be 20
miles and will take 60 minutes of an
alien’s time, which includes the time to
enter the library and locate an available
computer and any wait time to access a
computer. In this analysis, we assume
that users pay $0.25 to print their
electronic Form I–94 based on a review
of available online printing fees charged
at public libraries.
We next estimate the value of time for
those travelers affected by this rule.
Federal agencies typically estimate a
monetary value of time used or saved as
a result of their regulatory actions. This
allows agencies to estimate the
additional costs and benefits of their
regulatory actions on affected parties.
The U.S. Department of Transportation
(DOT) provides guidance on the value of
time to use for economic analysis.21
This guidance provides point estimates
as well as ranges for values of time for
travelers based on average wage rate
analysis for different categories of travel.
According to DOT estimates, the value
of travel time is more than twice as high
for air travelers than for those traveling
by surface modes, which can be
explained by the relatively high cost of
19 Source: American Library Association. http://
www.ala.org/tools/libfactsheets/
alalibraryfactsheet01 Accessed May 7, 2012.
20 Source: Department of Education: Households’
Use of Public and Other Types of Libraries: 2002.
Derived from Table 19. Available at http://
harvester.census.gov/imls/pubs/Publications/
2007327.pdf.
21 Source: U.S. Department of Transportation:
‘‘Revised Departmental Guidance on Valuation of
Travel Time in Economic Analysis.’’ September 28,
2011. Table 5. Available at http://ostpxweb.dot.gov/
policy/reports.htm.

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air travel. We note that these DOT
estimates are intended to be used to
analyze actions that will reduce the time
spent traveling. A person’s value of time
while traveling may differ from their
value of reducing travel time. In most
instances, this rule will not reduce the
time spent traveling because the Form I–
94 is typically completed while en route
to the United States, but rather reduces
the time spent on paperwork while
traveling. The traveler will now be able
to spend this time on leisure or business
activities such as reading or drafting
documents. CBP believes that using the
DOT values of travel time in this
situation is the most appropriate
estimate because it reflects the higher
values of time for air travelers. Further,
we note that to the extent a person’s
value of time while traveling is different
than their value of reducing travel time,
this difference is likely encompassed in
the DOT plausible range for the value of
travel time. We request comments on
the value of time used in this analysis.
As a primary estimate, we use the
DOT’s point estimate for the value of
time for all-purpose air travel, which
includes both personal and business
travel. This point estimate is $42.10. We
also use the DOT’s range for all-purpose
travel to show a range of low and high
estimates. This range is from $34.80 to
$52.20. We apply these values of time
to the travelers in our analysis.22
However, we recognize that those
who must travel to access the internet
are a special case of travelers and
probably have different values of time
than the average air traveler. As
previously discussed, the aliens least
likely to have internet access are those
working as temporary agricultural
laborers. To estimate the value of time
for these aliens, we use the wage rate for
H–2A temporary workers. H–2A
workers are seasonal agricultural
workers. According to the Department
of Labor, H–2A workers have an average
wage rate of $9.50 per hour.23 We
recognize that there are other classes of
temporary workers, notably H–1B visa
holders, who likely have higher wage
rates. However, these workers are
predominantly in specialized
occupations such as medicine and
computer programming and are likely to
have ready access to the internet.
Now that we have estimated the
number of aliens who will log into
22 We use this travel value of time framework to
estimate the costs and savings of this rule, since
affected aliens previously completed the paper form
I–94 while travelling.
23 Source: Calculated from Department of Labor
data: available at http://
www.foreignlaborcert.doleta.gov/quarterlydata.cfm.
Accessed on May 8, 2012.

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations
CBP’s Web site to print their electronic
Form I–94, the time it takes to access
that Web site, the number of people who
will need to travel to access the internet,
the time it will take to travel to and from
an internet access site, and the values of
time for these groups, we can calculate
this rule’s cost to these travelers. We
first address the cost to log into CBP’s

electronic Form I–94 Web site. Once
again, CBP estimates that it will take
travelers 4 minutes to access and print
their electronic Form I–94, and that it
costs them $0.25 per page to print their
electronic Form I–94. Exhibit 3 shows
the 2013–2016 travelers’ costs for
accessing and printing their electronic
Forms I–94. The findings in Exhibit 3

18465

assume that all travelers, except B–1/B–
2 travelers, will access and print their
electronic Forms I–94.24 As shown, in
2013, traveler costs of time to access
electronic I–94s and their cost to print
it would range from $13.0 million to
$18.8 million, with a primary estimate
of $15.4 million.

EXHIBIT 3—TRAVELER COSTS OF TIME TO ACCESS AND COST TO PRINT ELECTRONIC I–94 *
2013

2014

2015

2016

I–94s ................................................................................................................
DOT—Low ($) ..................................................................................................
DOT—Primary ($) ............................................................................................
DOT—High ($) .................................................................................................
Time Cost—Low ($) .........................................................................................
Time Cost—Primary ($) ...................................................................................
Time Cost—High ($) ........................................................................................
Printing Cost ($) ...............................................................................................

5,047,681
34.80
42.10
52.20
11,710,620
14,167,158
17,565,929
1,261,920

5,448,390
34.80
42.10
52.20
12,640,265
15,291,815
18,960,397
1,362,098

5,917,536
34.80
42.10
52.20
13,728,684
16,608,551
20,593,026
1,479,384

6,393,264
34.80
42.10
52.20
14,832,372
17,943,761
22,248,559
1,598,316

Total Cost—Low ($) .................................................................................
Total Cost—Primary ($) ............................................................................
Total Cost—High ($) .................................................................................

12,972,540
15,429,078
18,827,850

14,002,362
16,653,912
20,322,495

15,208,068
18,087,935
22,072,410

16,430,688
19,542,077
23,846,875

* Estimates

may not total due to rounding.

We next address the travel cost for
those aliens who do not have ready
access to the internet. Once again, we
assume that 38 percent of travelers in
the ‘‘Temporary Workers’’ and ‘‘Other/
Unknown’’ categories (see exhibit 2)

would need to travel 20 miles and 60
minutes to access their electronic Form
I–94, that their values of time are best
characterized by the average H2A wage
rate. For the cost of travel, we use the
IRS standard mileage rate for business

travel of 55.5 cents per mile.25 Exhibit
4 shows the 2013–2016 aliens’ travel
costs to access the internet. As shown,
in 2013, total travel costs would be
$21.2 million.

EXHIBIT 4—TRAVEL COSTS*
2013
Affected Aliens .................................................................................................
H2A Wage Rate ($) .........................................................................................
Time Cost ($) ...................................................................................................
Mileage Cost ($) ..............................................................................................
Total Travel Cost ($) .................................................................................
*Estimates

1,028,876
9.50
9,774,321
11,420,523
21,194,844

2014

2015

1,110,553
9.50
10,550,254
12,327,139
22,877,393

1,206,180
9.50
11,458,708
13,388,595
24,847,303

2016
1,303,148
9.50
12,379,907
14,464,944
26,844,850

may not total due to rounding.

To summarize, both CBP and aliens
would bear costs as a result of this rule.
CBP would bear costs to link its data
systems and to build a Web site so
aliens can access their electronic Forms
I–94. Aliens arriving as diplomats and
students would bear costs when logging
into the Web site and printing electronic
I–94s. Using the primary estimate for a
traveler’s value of time, these costs
average $3.06 per diplomat and student
traveler in 2013. The temporary workers

and aliens in the ‘‘Other/Unknown’’
category (see Exhibit 2) bear costs when
logging into the Web site, traveling to a
location with public internet access, and
printing a paper copy of their electronic
Form I–94. These costs average $23.66
per traveler in 2013 for the temporary
worker and ‘‘Other/Unknown’’ category
of travelers. Exhibit 5 summarizes the
2012–2016 costs of this rule. As shown,
costs for this rule for 2013 would range
from $34.2 million to $40.1 million. In

our primary estimate, costs for this rule
are $36.7 million in 2013. Less than one
percent of these costs are incurred by
the U.S. entities. These are CBP’s costs
for automating the electronic Form I–94
and developing the Web site travelers
will use to access their electronic Form
I–94. In 2013, CBP’s costs are $92,000.
CBP seeks comment on these costs and
their underlying assumptions.

EXHIBIT 5—COST SUMMARY ($)*

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2012
CBP Costs ...........................................................................
Traveler Costs:
24 The annual estimates of I–94s in Exhibit 3 are
based on projections for all travelers, except B–1/
B–2 travelers, developed by the Office of Travel and

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16:26 Mar 26, 2013

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2013

1,321,000

92,000

Tourism Industries within the U.S. Department of
Commerce.
25 Source: Internal Revenue Service. IR–2011–
116, December 9, 2011. Available at http://

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2014

2015

92,000

92,000

www.irs.gov/newsroom/article/
0,,id=250882,00.html.

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2016
92,000

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations
EXHIBIT 5—COST SUMMARY ($)*—Continued
2012

Website Access Costs—Low ........................................
Website Access Costs—Primary ..................................
Website Access Costs—High .......................................
Printing Costs ...............................................................
Travel Time Costs ........................................................
Mileage Costs ...............................................................
Total Traveler Costs—Low ..................................................
Total Traveler Costs—Primary ............................................
Total Traveler Costs—High .................................................
Grand Total Costs—Low .....................................................
Grand Total Costs—Primary ................................................
Grand Total Costs—High .....................................................
*Estimates

2013

0
0
0
0
0
0
0
0
0
1,321,000
1,321,000
1,321,000

11,710,620
14,167,158
17,565,929
1,261,920
9,774,321
11,420,523
34,167,384
36,623,922
40,022,694
34,259,384
36,715,922
40,114,694

2014

2015

12,640,265
15,291,815
18,960,397
1,362,098
10,550,254
12,327,139
36,879,756
39,531,305
43,199,888
36,971,756
39,623,305
43,291,888

13,728,684
16,608,551
20,593,026
1,479,384
11,458,708
13,388,595
40,055,371
42,935,239
46,919,713
40,147,371
43,027,239
47,011,713

2016
14,832,372
17,943,761
22,248,559
1,598,316
12,379,907
14,464,944
43,275,539
46,386,927
50,691,725
43,367,539
46,478,927
50,783,725

may not total due to rounding.

3. Benefits
If implemented, this rule would have
benefits for CBP, carriers, and travelers
to the United States. We first examine
the benefits of this rule for CBP.
Currently, CBP returns the bottom
portion of the Form I–94 to the traveler
and retains the top portion of the form.
The information on the top portion of
the form is entered into CBP systems for
use by CBP and other agencies. CBP also
gets this information electronically from
other sources. CBP has linked its data
systems so that CBP can create an
electronic Form I–94. Therefore, there is
no longer any need to continue entering
the data from the paper Form I–94 for
air and sea travelers into CBP systems.
CBP spends approximately $17.8
million per year on contract support for
this task. CBP will still need to spend
approximately $2.4 million to enter data
from the paper Forms I–94 collected at
the land border and the few that will
continue to be collected at airports and
seaports. We therefore estimate that this
rule would save CBP $15.4 million a
year in contract costs.
CBP processing would also become
more efficient as a result of this rule.
Currently, when the traveler gives the
completed Form I–94 to the CBP Officer
at inspection, the officer reviews the
form for errors and makes corrections as
needed. The officer then stamps the top

and bottom portions of the form with an
admission or parole stamp, writes the
classification and duration of admission
or parole and staples it to the traveler’s
passport. This rule would eliminate this
process for most travelers. To the extent
that eliminating the paper Form I–94
will reduce processing times, CBP will
be able to focus its resources on other
areas, improving security and
expediting the processing of passengers.
CBP will monitor the processing times
as a result of this rule to ensure that
resources are allocated efficiently. CBP’s
final rule will include information
regarding current processing times that
reflect the use of the automated I–94.
We next examine the printing savings
this rule will generate for CBP and
carriers. Currently, both CBP and
carriers print and store Forms I–94. CBP
prints forms for use in primary and
secondary passenger inspections when
the traveler has not filled out a form in
advance or when the traveler has made
an error in filling out the form. In FY
2011, CBP spent $153,306 printing the
Form I–94 for air and sea travelers. If
this rule is implemented, CBP would no
longer need to print the Form I–94 for
most of these travelers,26 which would
eliminate this expense.
Carriers print the forms for their
passengers to complete before their
arrival in the United States. To estimate
printing costs for carriers, CBP obtained

an estimate of total Form I–94 printing
and storage costs from a major airline.
We increased this cost proportionally
based on annual international inbound
passenger volumes to estimate the entire
industry cost. Based on this
methodology, CBP estimates that
carriers spend $1,344,450 annually to
print and store the Form I–94. If this
rule is implemented, carriers would no
longer need to print and store the Form
I–94, which would eliminate this
expense.
We next estimate the value of air and
sea travelers’ time savings resulting
from the elimination of the paper Form
I–94. Currently, travelers spend 8
minutes filling out the Form I–94 while
in transit to the United States. If
implemented, this rule would eliminate
the paper Form I–94 for air and sea
travelers and, with it, their 8-minute
time burden.27 We again apply the DOT
range of plausible values of time for air
travelers, as well as their point estimate
for this value, to these aliens. Exhibit 7
shows the 2013–2016 travelers’
reduction in time burden resulting from
no longer needing to fill out the paper
Form I–94. As shown, in 2013, the value
of the reduction in time burden would
range from $89.7 million to $134.6
million. In our primary estimate, the
reduction in time burden would be
$108.6 million in 2013.

EXHIBIT 7—REDUCTION IN TIME BURDEN*

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2013
I–94s ................................................................................................................
DOT—Low ($) ..................................................................................................
DOT—Primary ($) ............................................................................................
DOT—High ($) .................................................................................................
Benefit—Low ($) ..............................................................................................
Benefit—Primary ($) ........................................................................................
26 CBP will still print a small number of forms for
use at airports and seaports for certain aliens such
as refugees, asylees, parolees, and those who
request a paper Form I–94.

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15:14 Mar 26, 2013

Jkt 229001

19,339,773
34.80
42.10
52.20
89,736,549
108,560,595

27 For those with a need to access their electronic
Form I–94, this burden relief is partially offset by
the 4 minute time burden to access the Web site.

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2014

2015

20,875,058
34.80
42.10
52.20
96,860,267
117,178,657

22,672,552
34.80
42.10
52.20
105,200,642
127,268,592

2016
24,495,264
34.80
42.10
52.20
113,658,027
137,500,084

The costs for this access are discussed in the costs
section above.

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations

18467

EXHIBIT 7—REDUCTION IN TIME BURDEN*—Continued
2013
Benefit—High ($) .............................................................................................
*Estimates

134,604,823

2014

2015

145,290,401

157,800,962

2016
170,487,040

may not total due to rounding.

We next examine the savings to aliens
who need a replacement Form I–94. If
aliens lose the bottom portion of their
Form I–94, they may file Form I–102,
Application for Replacement/Initial
Nonimmigrant Arrival-Departure
Document, with USCIS to request a
replacement. The form has a Paperwork
Reduction Act burden of 25 minutes

and a fee of $330. As stated earlier,
currently 17,700 Forms I–102 or filed
annually and this rule would reduce
that amount by 11,929. If this rule is
implemented, these travelers would be
able to access their electronic Form I–
94, which would save these individuals
25 minutes and $330.28 We calculate the
value of this time savings using USCIS’s

hourly wage estimate for Form I–102
filers of $30.44.29 Exhibit 8 shows the
time and fee cost savings for those who
would have otherwise needed to file an
I–102 from 2012 to 2016. As shown, in
2013 the value of this time and fee
savings would be $4.2 million. CBP
seeks comment on these assumptions.

EXHIBIT 8—I–102 COST SAVINGS*
2013

2014

2015

2016

I–102 Reduction ...............................................................................................
Time Burden ....................................................................................................
USCIS hourly wage ($) ....................................................................................
Time Savings ($) .............................................................................................
Fee Savings ($) ...............................................................................................

11,929
25
30.44
151,299
3,936,570

11,929
25
30.44
151,299
3,936,570

11,929
25
30.44
151,299
3,936,570

11,929
25
30.44
151,299
3,936,570

Total Savings ($) ......................................................................................

4,087,869

4,087,869

4,087,869

4,087,869

* Estimates

may not total due to rounding.

In summary, CBP, carriers, and aliens
would accrue benefits as a result of this
rule. CBP would save contract and
printing costs. Carriers would save
printing costs. All aliens would save the
8-minute time burden for filling out the
paper Form I–94 and certain aliens who
lose the Form I–94 would save the $330
fee and 25 minute time burden for
filling out the Form I–102. Because we

do not expect B–1/B–2 travelers to use
the Web site to access their electronic
Form I–94, the benefits associated with
the Form I–102 accrue only to non-B–
1/B–2 travelers. Using the primary
estimate for a traveler’s value of time,
the time burden savings for all travelers
is $5.61 per traveler. In addition, those
non-B–1/B–2 travelers who no longer
need to use a Form I–102 would achieve

an additional time and fee savings of
$342.68 per traveler. Exhibit 9
summarizes the benefits of this rule to
each party. As shown, benefits for this
rule for 2013 would range from $110.7
million to $155.6 million. In our
primary estimate, the benefits of this
rule would be $129.5 million in 2013.
CBP seeks comment on these benefits
and their underlying assumptions.

EXHIBIT 9—BENEFIT SUMMARY ($)*
2013

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CBP Benefits:
CBP Contract Savings ..............................................................................
CBP Printing Savings ...............................................................................
Total CBP Benefits ..........................................................................................
Carrier Printing Savings ...................................................................................
Traveler Benefits:
I–94 Time Savings—Low .........................................................................
I–94 Time Savings—Primary ....................................................................
I–94 Time Savings—High .........................................................................
I–102 Time Savings ..................................................................................
I–102 Fee Savings ...................................................................................
Total Traveler Benefits—Low ............................................................
Total Traveler Benefits—Primary ......................................................
Total Traveler Benefits—High ...........................................................
Grand Total Benefits—Low ...............................................................
Grand Total Benefits—Primary .........................................................
28 As discussed in the costs section, we estimate
a 4 minute time burden for travelers who need to
access their electronic Form I–94. See the cost
section for a complete discussion of the costs of
accessing the Web site as well as the cost to travel
to a location where they can access the Web site,
where necessary.

VerDate Mar<15>2010

15:14 Mar 26, 2013

Jkt 229001

Frm 00011

Fmt 4700

2015

2016

15,400,000
153,360
15,553,360
1,344,450

15,400,000
153,360
15,553,360
1,344,450

15,400,000
153,360
15,553,360
1,344,450

15,400,000
153,360
15,553,360
1,344,450

89,736,549
108,560,595
134,604,823
151,299
3,936,570
93,824,418
112,648,464
138,692,692
110,722,228
129,546,274

96,860,267
117,178,657
145,290,401
215,863
3,936,570
100,948,137
121,266,526
149,378,271
117,845,947
138,164,336

105,200,642
127,268,592
157,800,962
215,863
3,936,570
109,288,511
131,356,462
161,888,832
126,186,321
148,254,272

113,658,027
137,500,084
170,487,040
215,863
3,936,570
117,745,896
141,587,954
174,574,910
134,643,706
158,485,764

29 USCIS estimates are based on BLS data for
occupational employment statistics. The latest
supporting statement for the I–102 is available at:
http://www.reginfo.gov/public/do/
PRAViewDocument?ref_nbr=201206–1615–003.
This supporting statement uses an older wage
estimate of $30.74. USCIS has since updated the

PO 00000

2014

Sfmt 4700

wage rates used in their supporting statements to
$30.44 based on more recent BLS statistics. These
estimates will be used in the next renewal of the
I–102 information collection report.

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations
EXHIBIT 9—BENEFIT SUMMARY ($)*—Continued
2013
Grand Total Benefits—High ..............................................................

* Estimates

155,590,502

2014

2015

166,276,081

178,786,642

2016
191,472,720

may not total due to rounding.

4. Net Benefits
Exhibit 10 compares the costs of this
rule to the benefits, both in total and for
each party affected. As shown, in 2013,

CBP has a net benefit of $15.5 million,
carriers have a net benefit of $1.3
million, and travelers have a net benefit
of between $59.7 million and $98.7
million. In our primary analysis, the net

benefit to travelers is $76.0 million in
2013. Total 2013 net benefits range from
$76.5 million to $115.5 million. In our
primary analysis, the total net benefits
are $92.8 million in 2013.

EXHIBIT 10—NET BENEFITS*
2012

2013

¥1,321,000
0
0
0
0
¥1,321,000
¥1,321,000
¥1,321,000

CBP ......................................................................................
Carriers ................................................................................
Travelers—Low ....................................................................
Travelers—Primary ..............................................................
Travelers—High ...................................................................
Grand Total—Low ................................................................
Grand Total—Primary ..........................................................
Grand Total—High ...............................................................

15,461,360
1,344,450
59,657,034
76,024,542
98,669,998
76,462,844
92,830,352
115,475,808

2014

2015

15,461,360
1,344,450
64,068,381
81,735,221
106,178,383
80,874,191
98,541,031
122,984,193

15,461,360
1,344,450
69,233,140
88,421,223
114,969,119
86,038,950
105,227,033
131,774,929

2016
15,461,360
1,344,450
74,470,358
95,201,026
123,883,185
91,276,168
112,006,836
140,688,995

*Estimates may not total due to rounding.

Exhibits 11 and 12 present the net
benefits of this rule, discounted at the
3 and 7 percent discount rates. Exhibit
13 presents annualized net benefits at

the 3 and 7 percent discount rates.
Annualized net benefits range from
$65.6 million to $101.7 million. In the
primary analysis, annualized net

benefits range from $79.8 million to
$81.6 million, depending on the
discount rate used.

EXHIBIT 11—NET BENEFITS DISCOUNTED AT A 3 PERCENT RATE
[2012 Dollars]*
2012
CBP ......................................................................................
Carriers ................................................................................
Travelers—Low ....................................................................
Travelers—Primary ..............................................................
Travelers—High ...................................................................
Grand Total—Low ................................................................
Grand Total—Primary ..........................................................
Grand Total—High ...............................................................

2013

¥1,321,000
........................
........................
........................
........................
¥1,321,000
¥1,321,000
¥1,321,000

15,011,029
1,305,291
57,919,450
73,810,235
95,796,115
74,235,771
90,126,555
112,112,435

2014

2015

14,573,815
1,267,273
60,390,594
77,043,285
100,083,309
76,231,682
92,884,373
115,924,397

14,149,335
1,230,362
63,358,131
80,917,945
105,213,030
78,737,828
96,297,642
120,592,727

2016
13,737,218
1,194,526
66,165,948
84,584,879
110,068,605
81,097,693
99,516,623
125,000,350

*Estimates may not total due to rounding.

EXHIBIT 12—NET BENEFITS DISCOUNTED AT A 7 PERCENT RATE
[2012 Dollars]*
2012
CBP ......................................................................................
Carriers ................................................................................
Travelers—Low ....................................................................
Travelers—Primary ..............................................................
Travelers—High ...................................................................
Grand Total—Low ................................................................
Grand Total—Primary ..........................................................
Grand Total—High ...............................................................

2013

¥1,321,000
........................
........................
........................
........................
¥1,321,000
¥1,321,000
¥1,321,000

14,449,869
1,256,495
55,754,237
71,050,974
92,214,952
71,460,602
86,757,338
107,921,316

2014

2015

13,504,551
1,174,295
55,959,805
71,390,707
92,740,311
70,638,651
86,069,553
107,419,157

12,621,075
1,097,472
56,514,865
72,178,057
93,849,048
70,233,412
85,896,604
107,567,595

2016
11,795,398
1,025,674
56,813,079
72,628,407
94,509,889
69,634,151
85,449,479
107,330,961

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*Estimates may not total due to rounding.

EXHIBIT 13—ANNUALIZED NET BENEFITS DISCOUNTED AT 3 PERCENT AND 7 PERCENT*
3 Percent
CBP ..........................................................................................................................................................................
Carriers ....................................................................................................................................................................
Travelers—Low ........................................................................................................................................................

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11,903,588
1,059,434
52,539,528

7 Percent
11,636,069
1,038,002
51,294,997

18469

Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations
EXHIBIT 13—ANNUALIZED NET BENEFITS DISCOUNTED AT 3 PERCENT AND 7 PERCENT*—Continued
3 Percent
Travelers—Primary ..................................................................................................................................................
Travelers—High .......................................................................................................................................................
Grand Total—Low ....................................................................................................................................................
Grand Total—Primary ..............................................................................................................................................
Grand Total—High ...................................................................................................................................................

7 Percent

67,065,877
87,163,978
65,502,550
80,028,899
100,126,999

65,473,972
85,091,457
63,969,068
78,148,043
97,765,529

*Estimates may not total due to rounding.

While this is a large net benefit to
travelers as a whole, it is important to
note that the net benefits do not accrue
uniformly across all travelers. We next
examine the effect of this rule on each
type of traveler. Exhibit 14 summarizes
the costs and benefits per traveler for
each class of alien discussed in this
analysis. B–1/B–2 travelers will no
longer need to fill out the paper Form
I–94, saving them 8 minutes. As
discussed earlier, we assume that no B–
1/B2 travelers will need to access their
electronic Form I–94 via the Web site.
Because we assume they do not use the
Form I–94, B–1/B–2 travelers also do
not file Form I–102 to replace their lost
Form I–94. Therefore they will not
accrue benefits from no longer needing
to file Forms I–102. The net effect of this

rule to each B–1/B–2 traveler is a benefit
of $5.61 per traveler.
Travelers who are students and
diplomats would no longer need to fill
out a paper Form I–94. They would
need to access the Web site and print
their Form I–94, but would not need to
travel to a location with internet access.
The net effect of this rule to travelers
who are students and diplomats is a
benefit of $2.56 per traveler. In addition,
those students and diplomats who
would otherwise need to file a Form I–
102 and pay the $330 fee to obtain a
replacement Form I–94 would receive
an additional benefit of $342.68 as a
result of this rule.
Temporary workers and aliens in the
‘‘Other/Unknown’’ category would no
longer need to fill out a paper Form I–

94. They would need to access the Web
site and print their Form I–94, and some
would need to travel 20 miles and 30
minutes round-trip to reach a location
with internet access. The net effect of
this rule to temporary workers and
aliens in the ‘‘Other/Unknown’’
category is a cost of $18.04 per traveler.
We reiterate that those with obstacles to
accessing their electronic I–94s may
request a paper I–94 at the airport or
seaport upon arrival in the United
States. In addition, those temporary
workers and aliens in the ‘‘Other/
Unknown’’ category who would
otherwise need to file a Form I–102 and
pay the $330 fee to obtain a replacement
Form I–94 would receive an additional
benefit of $342.68 as a result of this
rule.30

EXHIBIT 14—ANNUAL EFFECT OF RULE BY CLASS OF ALIEN ($) *
Percentage of
total number
of aliens
Tourists and Business Travelers (B–1/B–2) ........................
Students ...............................................................................
Temporary workers ..............................................................
Other/Unknown ....................................................................
Diplomats .............................................................................

8 minute time
cost savings

73.9
9.9
9.9
4.1
2.2

5.61
5.61
5.61
5.61
5.61

Cost of time to
access & cost
to print electronic form
I–94

Travel costs

0
¥3.06
¥3.06
¥3.06
¥3.06

Net impact **

0
0
¥20.60
¥20.60
0

5.61
2.56
¥18.04
¥18.04
2.56

*Estimates may not total due to rounding.
** In addition to this net impact, a small number of non-B–1/B–2 travelers will experience savings resulting from no longer needing to file a
Form I–102. The primary estimate of Form I–102 cost savings to non-B–1/B–2 travelers is $342.81 per traveler. We do not include the Form I–
102 cost savings in the net impact column of Exhibit 14 because few non-B–1/B–2 travelers will benefit from this compared to the overall population of non-B–1/B–2 travelers impacted by the rule. Based on data from USCIS, we estimate that 16,853 Form I–102s per year will no longer
need to be filed as a result of this rule. This is less than one percent of the annual population of non-B–1/B–2 travelers affected by the rule
(16,853 Form I–102s ÷ 5,047,681 non-B–1/B–2 travelers in 2013 < 1%).

Annualized costs and benefits to U.S.
entities are presented in the following

accounting statement, as required by
OMB Circular A–4.

ACCOUNTING STATEMENT: CLASSIFICATION OF EXPENDITURES, 2012–2016
[$2012]

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3% Discount rate
U.S. Costs:
Annualized monetized costs ...................................................................
Annualized quantified, but non-monetized costs ....................................
Qualitative (non-quantified) costs ............................................................
U.S. Benefits:
Annualized monetized benefits ...............................................................
30 CBP intends to have a considerable outreach
effort in place by the time that this rule is effective

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$0.352 million ....................................
None ..................................................
None ..................................................

$0.372 million.
None.
None.

$13.7 million ......................................

$14.0 million.

including outreach to airlines and travelers to

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7% Discount rate

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communicate that requesting a paper Form I–94
continues to be an option.

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18470

Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations
ACCOUNTING STATEMENT: CLASSIFICATION OF EXPENDITURES, 2012–2016—Continued
[$2012]

Annualized quantified, but non-monetized benefits ................................
Qualitative (non-quantified) benefits ...............................................................

We estimate annualized costs to U.S.
entities as a result of this rule to be
$0.352 million to $0.372 million. These
are CBP’s costs for automating the
electronic Form I–94 and developing the
Web site travelers will use to access
their electronic Form I–94. Monetized
benefits of this rule of $13.7 million to
$14.0 million to U.S. entities (CBP and
carriers) represent reduced Form I–94
printing and storage costs and reduced
data entry contract costs. Nonquantified benefits of this rule include
the reduced processing time that could
result as a result of the automation of
the Form I–94. This rule also imposes
monetized costs and benefits for
travelers. However, because these are
attributable solely to foreign
individuals, we do not include them in
the accounting statement.

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5. Regulatory Alternatives
We consider two alternatives to this
rule: eliminating the paper Form I–94 in
the air and sea environments entirely
and providing the paper Form I–94 to
all travelers who are not B–1/B–2
travelers. If CBP were to eliminate the
paper Form I–94 entirely in the air and
sea environment, there are certain
classes of vulnerable aliens who would
be harmed. Under the rule, refugees,
applicants for asylum, and parolees will
be provided a paper Form I–94. These
aliens have an immediate need for the
Form I–94 and cannot wait to access
their electronic Form I–94 from the Web
site. These aliens represent a very small
portion of overall international travel
and providing them with a paper Form
I–94 and entering the information into
CBP data systems is not a significant
cost to CBP. In addition, under this rule,
CBP will continue to provide a paper
Form I–94 to those travelers who
request it. CBP is providing this
flexibility as a way to minimize the
effect on those who face obstacles to
accessing their electronic Form I–94. As
CBP does not expect many aliens to
request a paper Form I–94, the cost to
CBP for printing and data entry is
minimal. Eliminating the paper Form I–
94 option for refugees, applicants for
asylum, parolees, and those travelers
who request one would not result in a
significant cost savings to CBP and

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3% Discount rate

7% Discount rate

None ..................................................
Reduced primary inspection processing times.

None.
Reduced primary inspection
processing times.

would harm travelers who have an
immediate need for an electronic Form
I–94 or who face obstacles to accessing
their electronic Form I–94.
A second alternative to the rule is to
provide a paper Form I–94 to any
travelers who are not B–1/B–2 travelers.
Under this alternative, travelers would
receive and complete the paper Form I–
94 during their inspection when they
arrive in the United States. The
electronic Form I–94 would still be
automatically created during the
inspection, but the CBP Officer would
need to verify that the information
appearing on the form matches the
information in CBP’s systems. In
addition, CBP would need to write the
Form I–94 number on each paper Form
I–94 so that their paper form matches
the electronic record. As noted earlier,
25.1 percent of aliens are non-B–1/B–2
travelers. Filling out and processing this
many paper Forms I–94 at airports and
seaports would increase processing
times considerably. At the same time, it
would only provide a small savings to
the individual traveler. As noted in the
Net Benefits section, the net cost of this
rule to temporary workers and to those
in the ‘‘Other/Unknown’’ category of
aliens is only $18.04 per traveler and
the rule has a net benefit to those
arriving as students or diplomats.
The Regulatory Flexibility Act
This section examines the impact of
the rule on small entities as required by
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.), as amended by the Small
Business Regulatory Enforcement and
Fairness Act of 1996. A small entity may
be a small business (defined as any
independently owned and operated
business not dominant in its field that
qualifies as a small business per the
Small Business Act); a small not-forprofit organization; or a small
governmental jurisdiction (locality with
fewer than 50,000 people).
This rule primarily regulates
individuals and individuals are not
considered small entities. In addition,
the individual travelers may obtain a
paper Form I–94 upon request, which
would eliminate the impacts of this rule
for those travelers. Employers who have
internet access may choose to allow
their employees to use their internet

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connection to access the employee’s
electronic Form I–94, but they are not
required to do so and are therefore not
directly regulated by this rule. To the
extent an employer chooses to assist an
employee with accessing the internet
and printing an I–94, this impact would
not rise to being an economically
significant impact under the RFA. This
rule also regulates air and sea carriers by
eliminating the need for them to provide
the paper Form I–94 to their passengers.
This rule would impact all small
carriers that transport passengers to the
United States. We therefore conclude
that this rule will have an impact on a
substantial number of small entities. As
stated in the economic impact analysis
above, we estimate that carriers spend
$1.3 million a year printing and storing
forms for their passengers, based on
2011 passenger volumes. In 2011,
16,586,753 Forms I–94 provided by
carriers were filed at airports and
seaports. Dividing these figures, we
estimate that carriers spent 8 cents per
form in printing and storage costs.
Under this rule, carriers would no
longer need to print and store the Forms
I–94, thus eliminating these costs.
According to a 2008 study by the
Department of Commerce’s Office of
Travel and Tourism Industries,31 the
average ticket price for an international
traveler traveling to the United States is
$1,484. The cost to the carrier of
printing a Form I–94 is less than one
hundredth of one percent of the revenue
a carrier receives from the average
passenger. We therefore do not believe
that this rule will have a significant
economic impact on small entities. We
also note that any impact to small
carriers would be purely beneficial. CBP
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities.
CBP welcomes comments on this
conclusion.
Administrative Procedure Act
The Administrative Procedure Act
(APA) generally requires agencies to
publish a notice of proposed rulemaking
in the Federal Register (5 U.S.C. 553(b))
31 U.S. Office of Travel and Tourism Industries.
2008. ‘‘Overseas Travelers to the United States.’’
Table 26.

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations
and provide interested persons the
opportunity to submit comments (5
U.S.C. 553(c)). However, the APA
provides an exception to this prior
notice and comment requirement for
‘‘rules of agency organization,
procedure, or practice’’ 5 U.S.C.
553(b)(A).
This interim final rule is a procedural
rule promulgated for ‘‘agency
housekeeping’’ and efficiency purposes.
CBP believes that will not affect the
substantive rights or interests of the
public.
Once effective, the rule will change
‘‘the manner’’ in which arriving aliens
present information to CBP, but will not
‘‘alter the rights or interests’’ of those
aliens as they seek admission to the
United States. Such arriving aliens will
no longer be required to complete and
submit the paper Form I–94. Instead, the
information previously collected by the
paper I–94 will now be automatically
populated into a new electronic format,
which will be printable from CBP’s Web
site: www.cbp.gov/i94.
The rule neither affects the
substantive criteria by which CBP
officers inspect aliens upon arrival nor
the nature of the information at CBP’s
disposal.
Privacy
CBP will ensure that all Privacy Act
requirements and policies are adhered
to in the implementation of this rule,
and will be issuing a Privacy Impact
Assessment (PIA), which will fully
outline how CBP will ensure
compliance with Privacy Act
protections. The PIA will examine the
privacy impact of the Form I–94
automation process as it relates to DHS’s
Fair Information Practice Principles
(FIPPs). The FIPPs account for the
nature and purpose of the information
being collected in relation to DHS’s
mission to preserve, protect, and secure.
The PIA will address such issues as the
security, integrity, and sharing of data,
use limitation, and transparency. The
PIA will be made available at: http://
www.dhs.gov/privacy-documents-uscustoms-and-border-protection.
Paperwork Reduction Act
The collection of information
regarding the CBP Form I–94 (Arrival/

Departure Record) was previously
reviewed and approved by OMB in
accordance with the requirements of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3507) under OMB Control
Number 1651–0111. This OMB Control
Number also includes the Electronic
System for Travel Authorization
(ESTA), ESTA fee, and Form I–94W, all
of which are unaffected by this rule. In
addition, information for the electronic
Form I–94 will be comprised of
information already collected for APIS
under approval 1651–0088. An agency
may not conduct, and a person is not
required to respond to, a collection of
information unless the collection of
information displays a valid control
number assigned by OMB.
The automation of the paper Form
I–94 for commercial aircraft and vessel
passengers in accordance with this
Interim Final Rule would result in an
estimated reduction of 9.6 million
Forms I–94 completed by paper, and an
estimated reduction of 1,276,800 burden
hours. The remaining estimated burden
associated with the Form I–94, which
would be for aliens arriving at the land
border, is as follows:
Estimated Number of Respondents:
4,400,000.
Estimated Number of Total Annual
Responses: 4,400,000.
Estimated Time per Response: 8
minutes.
Estimated Total Annual Burden
Hours: 585,200.
CBP will make the electronic Form
I–94 available to aliens on a secure Web
site. Passengers may log into the Web
site using 7 pieces of basic identifying
information that is either known to the
traveler (their first name, last name and
date of birth) or readily available on
their passport (passport number,
country of issuance, date of entry, and
class of admission). This information
will be used only to grant the passenger
access to the Web site. CBP estimates
that it will take the traveler 4 minutes
to log into the Web site using
identifying information and print the
electronic form. Because so many
parties at various levels of government
and outside of the government use the
Form I–94, CBP cannot estimate how
many aliens who are not B–1/B–2
travelers will access the Web site.

18471

Because we do not know how many
people need a physical copy of their
Form I–94 or how many face obstacles
to accessing their electronic I–94, for the
purposes of this analysis, we assume
that every traveler, other than B–1/B–2
travelers, who currently receives a paper
Form I–94 will log into the Web site to
print off their electronic Form I–94. In
2013, we estimate this to be 5,047,681
travelers. We request comments on the
number of travelers that will access the
Web site and will amend this number
accordingly in the final rule. The
estimated burden associated with the
Web site, is as follows:
Estimated Number of Respondents:
5,047,681.
Estimated Number of Total Annual
Responses: 5,047,681.
Estimated Time per Response: 4
minutes.
Estimated Total Annual Burden
Hours: 336,512
The automation of the paper Form
I–94 for commercial aircraft and vessel
passengers in accordance with this
Interim Final Rule would result in an
estimated reduction of 10,918 million
Forms I–102 filed, and an estimated
reduction of 4,541.89 burden hours. The
collection of information regarding the
Form I–102 was previously reviewed
and approved by OMB in accordance
with the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507)
under OMB Control Number 1615–0079.
The remaining estimated burden
associated with the Form I–102, which
would be for aliens arriving at the land
border, is as follows:
Estimated Number of Respondents:
6,782.32
Estimated Number of Total Annual
Responses: 6,782.
Estimated Time per Response: 25
minutes.
Estimated Total Annual Burden
Hours: 2,821.31.
The Exhibit 15 summarizes the
difference in the burden for the current
process and the future process. As OMB
Control Number 1651–0111 includes
ESTA and I–94W, we include those
burden hours for informational
purposes. We note that these burden
hours are unaffected by this rule.

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EXHIBIT 15 PRA—BURDEN EFFECTS OF THE RULE
Collection
Pre-IFR .........................................................................

32 As discussed earlier, CBP uses a slightly
different figure in its regulatory analysis because

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Respondents

I–94 ...............................................................................
Website .........................................................................
I–102 .............................................................................

the analysis is based on a calendar year basis which
USCIS’s estimates are on a fiscal year basis.

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27MRR1

14,000,000
0
17,700

Burden hours
1,862,000
0
7,363

18472

Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations
EXHIBIT 15 PRA—BURDEN EFFECTS OF THE RULE—Continued
Collection

IFR ................................................................................

Difference .....................................................................

Comments concerning the accuracy of
this cost estimate and suggestions for
reducing this burden should be directed
to the Office of Management and
Budget, Attention: Desk Officer for the
Department of Homeland Security,
Office of Information and Regulatory
Affairs, Washington, DC 20503. A copy
should also be sent to Regulations and
Rulings, Office of International Trade,
U.S. Customs and Border Protection,
Attention: Border Security Regulations
Branch, 90 K Street NE., 10th Floor,
Washington, DC 20229.
CBP has included a copy of the
current paper Form I–94 on the docket
for this rulemaking in the supporting
documents section. CBP seeks
comments on whether the instructions
included on the form are sufficient or
whether they should be revised for
clarity in light of the automation.
Comments on the instructions should be
submitted to CBP as described in the
ADDRESSES portion of this rule above.
List of Subjects
8 CFR Part 1
Administrative practice and
procedure, Immigration.
8 CFR Part 264
Aliens, Reporting and recordkeeping
requirements.
Amendments to the Regulations
For the reasons discussed in the
preamble and under the authority of 8
U.S.C. 1103, CBP amends 8 CFR chapter
1 as set forth below.
PART 1—DEFINTIONS
1. The general authority for part 1
continues to read as follows:

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■

Authority: 8 U.S.C. 1101; 8 U.S.C. 1103;
5 U.S.C. 301; Pub. L. 107–296, 116 Stat. 2135;
6 U.S.C. 1 et seq.

2. Add § 1.4 to part 1 to read as
follows:

■

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15:14 Mar 26, 2013

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§ 1.4

ESTA ............................................................................
I–94W ...........................................................................
I–94 ...............................................................................
Website .........................................................................
I–102 .............................................................................
ESTA ............................................................................
I–94W ...........................................................................
I–94 ...............................................................................
Website .........................................................................
I–102 .............................................................................
ESTA ............................................................................
I–94W ...........................................................................

Definition of Form I–94

The term Form I–94, as used in this
chapter I, includes the collection of
arrival/departure and admission or
parole information by DHS, whether in
paper or electronic format, which is
made available to the person about
whom the information has been
collected, as may be prescribed by DHS.
The following terms, when used in the
context of the Form I–94, are clarified as
to their meaning to accommodate the
collection of such information in an
electronic format.
(a) The terms ‘‘annotate,’’ ‘‘note,’’
‘‘indicate on,’’ ‘‘stamp,’’ and ‘‘endorse,’’
unless used in part 231 of this chapter,
include, but are not limited, to DHS
amending, including or completing
information in its electronic record of
admission, or arrival/departure. For
purposes of part 231, the term
‘‘endorse’’ includes but is not limited to
the submission of electronic departure
data to CBP.
(b) The terms ‘‘completed,’’
‘‘completely executed’’ and ‘‘completed
and signed’’ include, but are not limited
to, DHS completing its collection of
information into its electronic record of
admission, or arrival/departure.
(c) The terms ‘‘issuance’’ and ‘‘given’’
include, but are not limited to, the
creation of an electronic record of
admission, or arrival/departure by DHS
following an inspection performed by
an immigration officer.
(d) The term ‘‘original I–94’’ includes,
but is not limited to, any printout or
electronic transmission of information
from DHS systems containing the
electronic record of admission or
arrival/departure.
(e) The terms ‘‘present,’’
‘‘presentation,’’ or ‘‘submission’’ of a
Form I–94, unless they are used in
§ 231.1 or § 231.2 of this chapter,
include, but are not limited to,
providing a printout of information from
DHS systems containing an electronic
record of admission or arrival/
departure. For purposes of § 231.1 of

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19,140,000
100,000
4,400,000
5,047,681
6,782
19,140,000
100,000
¥9,600,000
5,047,681
¥10,918
0
0

Burden hours
4,785,000
333,147
586,667
336,512
2,821
4,785,000
13,333
¥1,275,333
336,512
¥4,542
0
0

this chapter, the terms ‘‘present’’ or
‘‘submission’’ of the Form I–94 includes
ensuring that each passenger presents
him/herself to a CBP Officer for
inspection at a U.S. port-of-entry. For
the purposes of § 231.2 of this chapter,
the terms ‘‘present,’’ ‘‘submit,’’ or
‘‘submission’’ of the Form I–94 includes
ensuring that each passenger is available
for inspection by a CBP Officer upon
request.
(f) The term ‘‘possession’’ with
respect to a Form I–94 includes, but is
not limited to, obtaining a copy or
printout of the record of an electronic
evidence of admission or arrival/
departure from the appropriate CBP
systems.
(g) The terms ‘‘surrendering,’’
‘‘turning in a Form I–94,’’ and
‘‘departure I–94’’ includes, but is not
limited to, complying with any
departure controls under 8 CFR part 215
that may be prescribed by CBP in
addition to the submission of electronic
departure data to CBP by a carrier.
*
*
*
*
*
PART 264—REGISTRATION AND
FINGERPRINTING OF ALIENS IN THE
UNITED STATES
3. The general authority for part 264
continues to read as follows:

■

Authority: 8 U.S.C. 1103, 1201, 1303—
1305; 8 CFR part 2.

*

*

*

*

*

§§ 210.4, 212.1, 212.4, 212.6, 214.1, 214.2,
214.6, 214.7, 214.14, 215.8, 231.1, 231.2,
235.1, 245.15, 245.21, 245.23, 245.24, 245a.1,
245a.2, 245a.4, 245a.15, 247.12, 253.1,
274a.2, and 286.9 [Amended]

4. In the following locations, add ‘‘(see
§ 1.4)’’ after the first mention of the term
‘‘I–94’’:
■ a. § 210.4(d)(3);
■ b. § 212.1(q)(1)(vi);
■ c. § 212.4(g);
■ d. § 212.6(b)(2)(iii);
■ e. § 214.1(b)(1)(iv);
■ f. § 214.2(b)(2);
■

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Rules and Regulations
g. § 214.6(g)(1);
h. § 214.7(c)(2)(i);
i. § 214.14(c)(5)(i)(A);
j. § 215.8(a)(1);
k. § 231.1(b)(1);
l. § 231.2(b)(1);
m. § 235.1(f)(1)(ii);
n. § 245.15(h)(4);
o. § 245.21(g)(3);
p. § 245.23(e)(1)(vi);
q. § 245.24(d)(6);
r. § 245a.1(d)(2);
s. § 245a.2(b)(8);
t. § 245a.4(b)(2)(i)(F);
u. § 245a.15(b)(2)(i);
v. § 247.12(a);
w. § 253.1(a);
x. § 274a.2(b)(1)(v)(A)(5); and
y. § 286.9(b)(1).
■ 5. In § 264.1, add a note to the end of
paragraph (b) to read as follows:

address for the Army Litigation
Division. The Army Litigation Division
moved to Fort Belvoir in September
2011.

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§ 264.1

*

B. Regulatory Flexibility Act
The Department of the Army has
determined that the Regulatory
Flexibility Act does not apply because
the rule change does not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601–612.
C. Unfunded Mandates Reform Act
The Department of the Army has
determined that the Unfunded
Mandates Reform Act does not apply
because the rule change does not
include a mandate that may result in
estimated costs to State, local or tribal
governments in the aggregate, or the
private sector, of $100 million or more.

Registration and fingerprinting.

*
*
(b) * * *

*

*

Note to paragraph (b): In addition to the
forms noted in this paragraph (b), a valid,
unexpired nonimmigrant DHS admission or
parole stamp in a foreign passport constitutes
evidence of registration.
Janet Napolitano,
Secretary.
[FR Doc. 2013–06974 Filed 3–26–13; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 505
Army Privacy Act Program
Department of the Army, DoD.
Final rule.

AGENCY:
ACTION:

erowe on DSK2VPTVN1PROD with RULES

SUMMARY: The Department of the Army
is amending its rule on notification of
the Army Litigation Division when
complaints citing the Privacy Act are
filed in order to correct the mailing
address in § 505.12. The address for
notifying the Army Litigation Division
of cases citing the Privacy Act and filed
in a U.S. District Court has changed.
DATES: Effective Date: This rule is
effective March 27, 2013.
FOR FURTHER INFORMATION CONTACT: MAJ
Lisa R. Bloom, 703–693–1009, email:
[email protected].
SUPPLEMENTARY INFORMATION:

A. Background
In the August 10, 2006, issue of the
Federal Register (71 FR 46052), the
Department of the Army issued a final
rule. This final rule corrects the mailing

VerDate Mar<15>2010

15:14 Mar 26, 2013

Jkt 229001

I. Executive Order 13132 (Federalism)
The Department of the Army has
determined that according to the criteria
defined in Executive Order 13132 that
Executive Order does not apply because
the rule change will not have a
substantial effect on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
Kevin K. Robitaille,
COL, JA, Chief, U.S. Army Litigation Division.

List of Subjects in 32 CFR Part 505
Privacy, Enforcement actions.
For reasons stated in the preamble 32
CFR part 505 is amended as follows:
PART 505—ARMY PRIVACY ACT
PROGRAM
1. The authority citation for part 505
continues to read as follows:

D. National Environmental Policy Act
The Department of the Army has
determined that the National
Environmental Policy Act does not
apply because the rule change does not
have an adverse impact on the
environment.

■

E. Paperwork Reduction Act
The Department of the Army has
determined that the Paperwork
Reduction Act does not apply because
the rule change does not involve
collection of information from the
public.

*

F. Executive Order 12630 (Government
Actions and Interference With
Constitutionally Protected Property
Rights)
The Department of the Army has
determined that Executive Order 12630
does not apply because the rule change
does not impair private property rights.
G. Executive Order 12866 (Regulatory
Planning and Review) and Executive
Order 13563 (Improving Regulation
and Regulatory Review)
The Department of the Army has
determined that according to the criteria
defined in Executive Order 12866 and
Executive Order 13563 this rule change
is not a significant regulatory action. As
such, the rule is not subject to Office of
Management and Budget review under
section 6(a)(3) of the Executive Order.
H. Executive Order 13045 (Protection of
Children From Environmental Health
Risk and Safety Risks)
The Department of the Army has
determined that according to the criteria
defined in Executive Order 13045 that
Executive Order does not apply.

PO 00000

Frm 00017

Fmt 4700

Sfmt 4700

18473

Authority: Pub. L. 93–579, 88 Stat. 1896 (5
U.S.C. 552a).

2. Revise paragraph (b) (1) of § 505.12
to read as follows:

■

§ 505.12

Privacy Act enforcement actions.

*
*
*
*
(b) * * *
(1) When a complaint citing the
Privacy Act is filed in a U.S. District
Court against the Department of the
Army, an Army Component, a DA
Official, or any Army employee, the
responsible system manager will
promptly notify the Army Litigation
Division, U.S. Army Legal Services
Agency (USALSA), 9275 Gunston Road,
Fort Belvoir, VA 22060.
*
*
*
*
*
[FR Doc. 2013–06968 Filed 3–26–13; 8:45 am]
BILLING CODE 3710–08–P

DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 518
The Freedom of Information Act
Department of the Army, DoD.
Final rule.

AGENCY:
ACTION:

SUMMARY: The Department of the Army
is amending its rule on notification of
the Army Litigation Division when a
request is made for a record related to
pending litigation involving the United
States in order to correct the mailing
address in § 518.15 and § 518.18. The
address for notifying the U.S. Army
Litigation Division of record requests

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