Application to Extend/Change Nonimmigrant Status

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-539 USCIS ELIS Application to Extend/Change Nonimmigrant Status	Form and Instruction	New	Available
Form I-539 30-Day Supporting Statement OIRA (3-26-2015).doc	Supporting Statement A	Uploaded 2015-03-27	Available
I539SuppA-INS-TOC-ELIS-10162014.docx	Supplementary Document	Uploaded 2014-10-16	Available
I539-INS-TOC-ELIS-OMBReview-02232015.docx	Supplementary Document	Uploaded 2015-03-30	Available
I539-FRM-TOC-ELIS-10162014.docx	Supplementary Document	Uploaded 2014-10-16	Available
Appendix - Response to Public Comments (II).doc	Supplementary Document	Uploaded 2015-03-30	Available
SORN - CLAIMS.doc	Supplementary Document	Uploaded 2014-01-17	Available
PIA.pdf	Supplementary Document	Uploaded 2014-01-17	Available
Published 30-Day Notice 2013-12-3.docx	Supplementary Document	Uploaded 2013-12-18	Available
Published 60-Day Notice 2013-6-13.docx	Supplementary Document	Uploaded 2013-12-18	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
209953	Biometric Processing		New
209952	Application to Extend/Change Nonimmigrant Status	Form and Instruction	New
209951	Instructions for Supplement A to Form I-539	Instruction	New
20224	Application to Extend/Change Nonimmigrant Status	Instruction	Modified

ICR Details

OMB Control No: 1615-0003	ICR Reference No: 201312-1615-002
Status: Historical Active	Previous ICR Reference No: 201201-1615-007
Agency/Subagency: DHS/USCIS	Agency Tracking No: Form I-539
Title: Application to Extend/Change Nonimmigrant Status
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/06/2015
	Date Received in OIRA: 10/29/2014
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2018	36 Months From Approved	12/31/2015
Responses	269,800	0	195,000
Time Burden (Hours)	408,069	0	146,250
Cost Burden (Dollars)	23,022,825	0	0

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Abstract: This form is used by a nonimmigrant to apply for an extension of stay or change of nonimmigrant status. Additionally, the data will be used by USCIS to determine eligibility for the requested immigration benefit.

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Authorizing Statute(s): US Code: 8 USC 1258 Name of Law: United States Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 35639	06/13/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 72686	12/03/2013
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 4

table that charts list of burden

IC Title	Form No.	Form Name
Instructions for Supplement A to Form I-539
Application to Extend/Change Nonimmigrant Status	I-539	Application to Extend/Change Nonimmigrant Status
Application to Extend/Change Nonimmigrant Status	I-539 USCIS ELIS	Application to Extend/Change Nonimmigrant Status
Biometric Processing

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	269,800	195,000	0	135,508	-60,708	0
Annual Time Burden (Hours)	408,069	146,250	0	157,730	104,089	0
Annual Cost Burden (Dollars)	23,022,825	0	0	0	23,022,825	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The overall annual hour burden for this collection has increased due to an increase in the estimated hour burden per response for Form I-539 due to a review of the form, and the addition of the biometric processing burden reporting that was not reported at the time of the last submission. The increase in burden is also to an increase in the number of respondents for the I-539 due to a more accurate estimate. For Form I-539 information collection, the estimated hour burden per response has been increased to 1.88 hours based on a better estimation of the activity required to gather all documentation, read the instructions, and for the paper filing, completing the paper form. The 28,673 hours reported for the ELIS filing of the program questions is part of the overall complete time that a respondent using ELIS will incur to complete the electronic version; the remaining burden will be reported in the ELIS Paperwork Reduction Act submission to OMB via OMB Control Number 1615-0122. The increase in the biometrics burden is the result of USCIS including this time burden for the activities required to authenticate a respondent's identity when presenting at a USCIS office for an interview. Also, there is a change in the ability to the filing of the Form I-539 electronically.

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Annual Cost to Federal Government: $50,379,863

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/29/2014

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