G-845 Supporting Statement 12-17-14

SUPPORTING STATEMENT FOR

Document Verification Request and Supplement
OMB Control No.: 1615-0101

COLLECTION INSTRUMENT(S): G-845

A. Justification

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

Section 121 of the Immigration Reform and Control Act (IRCA), Public Law 99-603, provides authority for U.S. Citizenship and Immigration Services (USCIS) to maintain an automated system for verifying the immigration status of non-citizen applicants of certain types of federally-funded benefits, such as Food Stamps, Temporary Assistance to Needy Families, Unemployment Insurance, Medicaid, Housing Assistance, Education Grants, Loans and Work Study. The IRCA-mandated system must be accessible to federal, state and local benefit-issuing agencies and institutions that administer those federally-funded benefits.

Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104-208, requires USCIS to respond to inquiries by federal, state, and local benefit-issuing agencies and institutions seeking to verify or determine the citizenship or immigration status of any individual within the jurisdiction of the agency for any lawful purpose.

The Real ID Act of 2005, Public Law 109-13 further enhanced the role of the SAVE Program. This Act establishes certain minimum standards for the issuance of state-issued driver’s licenses and identification cards in order for those documents to be acceptable for official federal purposes. To meet the requirements of the Real ID Act, states must verify the immigration status of every applicant for a Real ID driver’s license and identification card. States must use the Systematic Alien Verification for Entitlements (SAVE) Program to verify the immigration status for non-U.S. citizens. States may also use the SAVE Program to verify certain naturalized or derived citizens.

SAVE’s role was further expanded under the Patient Protection and Affordable Care Act of 2010, Public Law 111-148, which provides for a variety of healthcare reforms including health insurance benefits for qualified “aliens lawfully present in the United States.” The legislation creates state-based health insurance benefit exchanges through which individuals can purchase coverage, with premium and cost-sharing credits available to low-income individuals and families. The legislation requires the Secretary of Health and Human Services, in consultation with the Department of Homeland Security, the Social Security Administration and the Department of Treasury, to establish a program for determining an individual’s eligibility for enrollment in Affordable Care Act benefits and for certain existing benefits, such as Medicaid, through the exchanges. As part of this eligibility determination, exchanges and health and human services agencies use the SAVE Program to verify the immigration status and naturalized or derived citizenship of certain applicants.

Based on these authorities, the SAVE Program responds to requests from Federal, state and local government benefit granting agencies for a wide variety of benefits.

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

In the verification process, a participating agency validates an applicant’s immigration status by inputting identifying information into the Verification Information System (VIS), which executes immigration status queries against a range of data sources. If VIS returns an immigration status and the benefit-issuing agency does not find a material discrepancy with the response and the documents provided by the applicant, the verification process is complete. Then, the agency may use that immigration status information to determine whether to issue the benefit.

If VIS does not have a record pertaining to the applicant, a Form G-845 must be completed by the agency.

Applicants may check on the processing of additional verification through the SAVE Case Check web portal, found at http://www.uscis.gov/save/save-case-check.  SAVE Case Check currently permits applicants to use the SAVE verification numbers associated with their benefit applications to see when benefit granting agencies have received additional verifications from SAVE.  SAVE intends to improve SAVE Case Check by permitting applicants the option to also use the immigration identification numbers and dates of birth provided to those benefit granting agencies to access this information.

In some cases, agencies that do not access the automated VIS may query USCIS by filing Form G-845. The Form G-845 has a benefit list at Section A.8 for the requesting agency to identify the organization’s specific benefit(s). Although the Form G-845 does not require it, if needed, certain agencies may also file the Form G-845 Supplement with the Form G-845, along with copies of immigration documents to receive additional information necessary to make their benefit determinations. These forms were developed to facilitate communication between all benefit-granting agencies and USCIS to ensure that basic information required to assess status verification requests is provided.

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

Currently, USCIS allows for the electronic verification of the immigration status of non-citizen applicants of certain types of federally-funded benefits through VIS. The URL is https://stage.save.uscis.gov/Web/vislogin.aspx?JS=YES. However, if the electronic process does not verify the applicant the benefit-issuing agency may have to submit the G-845 by mail to the assigned USCIS verification office by state. SAVE has implemented a process whereby the benefit issuing agency can scan and upload the applicant’s immigration documents to submit for additional verification and avoid mailing the documents and the G-845.

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

A review of the USCIS Forms Inventory Report revealed no duplication of efforts. There is no similar information currently available that can be used for this purpose.

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

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

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

This information collection allows USCIS to quickly and uniformly respond to benefit-issuing agencies nationwide with a document that can be used as a record of the transaction. This process assists agencies in identifying applicants without immigration status and potentially those using counterfeit documentation, to avoid granting benefits to those ineligible. Additionally, USCIS is provided an opportunity to update its database when the applicants produce appropriate documents that are not currently reflected in the database.

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

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

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

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

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

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

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

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

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

There are no special circumstances applicable to this information collection.

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

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

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

On September 26, 2014, USCIS published a 60-day notice in the Federal Register at 79 FR 57948. USCIS received three comment submissions after publishing that notice.

One commenter was from an existing SAVE customer agency and suggested adding an effective date of permanent resident, parolee and aslyee status.  In response to this comment, the SAVE Program contacted the commenter and advised that the SAVE Program can provide grant dates electronically if requested by the customer agency and that the G-845 Supplement can also be used to request grant dates if needed.  Accordingly, there are no changes needed to the proposed G-845 and Supplement.

Another commenter expressed views against the form and immigration in general, and that the document was hidden. USCIS administers programs in accordance with the applicable laws. The forms were posted and available in the e-Docket USCIS-2008-0008 under supporting documents.

The third commenter’s suggestions and the USCIS’s responses are summarized below:

1. The commenter suggested a change on page 1 of the Instructions for the G-845 Supplement under “General Instructions” where it says “Copies: Submit copies (front and back) of the applicant’s most recently issued immigration documentation.”  The commenter proposed that in addition to the applicant’s “most recently issued immigration documentation”,  all relevant documents bearing on the applicant’s immigration status or admission should be submitted with the Form G-845.  We accepted the comment and added the sentence “In addition to the most recently issued immigration documentation, you may also submit any relevant documents bearing on the applicant’s immigration status or admission.”

2. The commenter suggested a change on page 2, of the Instructions for the G-845 Supplement under Part I, Item Number 10, “Registered Agency Comments.”  The commenter suggested that “alternative country of citizenship” be added to the list of sample information that could be submitted, because this information may be useful when attempting to identify the immigration status of an applicant who may have used one of several passports when entering the United States.  We were unable to accommodate this suggestion.  If the registered agency submits a copy of the passport and number as an additional document as indicated in the comment made about submitting additional documents, SAVE would not need this alternative country of citizenship in the Registered Agency Comments.  If the registered agency does not submit a copy of the passport and numeric identifier, SAVE would not be able to verify that passport based on thealternative country of citizenship.  Accordingly, the suggestion does not add any practical value to the verification process.

3. The commenter suggested a change on page 2 of the G-845 under Section B, Part 2, “USCIS Responses”.  This section of the form provides a space for 20 USCIS responses concerning an applicant’s immigration status.  The commenter suggested that SAVEspecify whether or not each of the statuses constitute lawful presence or a period of stay authorized by the Attorney General.  We were unable to accommodate the suggestion because there is no uniform definition in immigration law that covers all potential benefit types.  SAVE can only provide immigration status information and the benefitgranting agencies must interpret that in the context of making the eligibility determinations for their individual benefit programs.

On December 16, 2014, USCIS published a 30-day notice in the Federal Register at 79 FR 74760. USCIS has not received any comments to date.

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

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

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation or agency policy.

There is no assurance of confidentiality. The system of record notice associated with this information collection is DHS/USCIS-004 - Systematic Alien Verification for Entitlements Program System of Records August 8, 2012, 77 FR 47415. The privacy impact assessment for this information collection is DHS/USCIS/PIA-006(b) - Systematic Alien Verification for Entitlements (SAVE) Program and DHS/USCIS/PIA-006 Alien Verification for Entitlements (SAVE) Program, August 26, 2011.

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

There are no questions of a sensitive nature.

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

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

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

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

Type of Respondent	Form Name / Form Number	No. of Respondents	No. of Responses per Respondent	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate*	Total Annual Respondent Cost
State and local governments	VIS Query	7,781,049	1	0.083 (5 mins)	645,827	$31.26	$20,188,552
Federal governments	VIS Query	4,929,984	1	0.083 (5 mins)	409,189	$31.26	$12,791,248
VIS Query Subtotal		12,711,033			1,055,016		$32,979,800
State and local governments	G-845, Verification Request	111,192	1	0.083 (5 min)	9,229	$31.26	$2,884,965
Federal governments	G-845, Verification Request	149,214	1	0.083 (5 min)	12,385	$31.26	$3,871,477
G-845 Subtotal		260,406			21,614		$6,756,442
State and local governments	G-845, Verification Request Supplement	1,696	1	0.083 (5 min)	141	$31.26	$44,004
Federal governments	G-845, Verification Request Supplement	3,445	1	0.083 (5 min)	286	$31.26	$89,383
G-845 Supplement Subtotal		5,141			427		$133,387
Total		12,976,580			1,077,057		$39,869,629

* The above Average Hourly Wage Rate is the May 2013 Bureau of Labor Statistics average wage for “All Occupations” of $22.33 times the wage rate benefit multiplier of 1.4 (to account for fringe benefits) equaling $31.26.  The selection of “All Occupations” (for example) was chosen as the expected respondents for this collection could be expected to be from any occupation.

** This time burden includes the time for reviewing the instructions, gathering the required documentation and information, and completing and submitting the necessary documents.

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

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

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

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

There are no capital or start-up costs associated with this information collection for Form G-845 or Form G-845 Supplement. However, there is a fee of $0.50 for conducting queries using the VIS and a fee of $2.00 for submitting a Form G-845. There is no fee for submitting the Form G-845 Supplement. Any cost burdens to respondents as a result of this information collection are identified in Item 14.

This information collection does not impose any out-of-pocket costs on respondents in addition to the time burden for the form’s preparation. 

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

Annualized Cost Analysis	VIS Query	G-845	G-845 Supplement
Printing Cost	$ 0	$ 15,000	$ 1,000
Collection and Processing Cost	$ 6,355,517	$ 505,812	$ 6,978,149
Total Cost to Program	$ 6,355,517	$ 520,812	$ 6,979,149
Fee Charge	$ 6,355,517	$ 520,812	$ 0
Total Cost to Government	$ 0	$ 0	$ 6,979,149

Government Cost

The estimated cost of the program to the Government is $ 6,979,149.

VIS Query. This figure is calculated by multiplying the estimated number of respondents 12,711,033 with the $0.50 suggested fee, which equals $ 6,355,517.

Form G-845. This figure is calculated by multiplying the estimated number of respondents 260,406 with the $ 2.00 suggested fee charge, which equals $ 520,812.

Form G-845 Supplement. This figure is calculated by multiplying the estimated number of respondents 5,141 x 0.5 hours (30 minutes) (USCIS time required to collect and process information) x $ 40 (suggested average hourly rate for clerical, officer, and supervisory time with benefits), which equals $ 102,820.

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

Data collection Activity/Instru-ment	Program Change (hours currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (hours currently on OMB Inventory)	Adjustment (New)	Difference
VIS Query				0	1,055,016	1,055,016
G-845, Verification Request				1,004,246	21,614	-982,632
G-845, Verification Request Supplement				0	427	427
Total(s)				1,004,246	1,077,057	72,334

There has been an increase of 72,334 annual burden hours associated with this information collection. This increase can be attributed to a rise in the number of respondents due to increased registration of state and local agencies due to new state and local legislation, as well as more applicants applying for federal, state and local benefits during an economic downturn. For example, two new state driver’s licensing agencies signed up to use the SAVE Program and started conducting queries in FY13.

Although USCIS is revising this collection, it does not estimate that the revisions will result in an increase in the time burden. USCIS is revising the information to incorporate form design and standard language updates, and to meet operational and customer needs.

While previously USCIS had combined all three information collection instructions into one information collection instruction in its previous information collection requests, USCIS will be completing separate entries for each information collection instruments (i.e., VIS Query, G-845, and G-845 Supplement) when it submits this updated information collection request in ROCIS.

Data collection Activity/Instru-ment	Program Change (cost currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (cost currently on OMB Inventory)	Adjustment (New)	Difference
VIS Query				5,919,946	0	-5,919,946
G-845, Verification Request				496,412	0	-496,412
G-845 Verification Request Supplement				0	0	0
Total(s)				6,416,358	0	-6,416,358

There has been a decrease of $ 6,416,358 in the annual costs associated with this information collection. This decrease is a result of a technical fix of excluding the fees from the annual cost estimates as they are considered transferred.

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

This information collection will not be published for statistical purposes.

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

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

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

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

B. Collections of Information Employing Statistical Methods. There is no statistical methodology involved with this collection.

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