1615-0104_I-918 30-Day Supporting Statement 01 29 16

SUPPORTING STATEMENT FOR

PETITION FOR U NONIMMIGRANT STATUS

OMB Control No.: 1615-0104

COLLECTION INSTRUMENT(S): Form I-918 and

I-918 Supplements A and B

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.

An alien who has suffered direct and proximate harm as a result of the commission of qualifying criminal activity (one or more of the following or any similar activities in violation of Federal, state, or local criminal law of the United States: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; stalking; fraud in foreign labor contracting

(18 U.S.C. 1351) abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes). A qualifying family member may also file a petition to obtain U nonimmigrant status under 8 CFR 214.14 and the Violence Against Women Reauthorization Act of 2013.

The U nonimmigrant classification provides temporary immigration benefits, potentially leading to permanent resident status, to certain victims of criminal activity who: suffered substantial mental or physical abuse as a result of having been a victim of criminal activity; have information regarding the criminal activity; and assist government officials in investigating and prosecuting such criminal activity.

This information collection allows the victim, or those assisting the victim, to provide the information that would allow U.S. Citizenship and Immigration Services (USCIS) to assess whether or not the petitioner meets the eligibility requirements stated under sections 214.14 and 212.17 of 8 CFR.

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.

This petition permits victims of certain qualifying criminal activity to petition for temporary nonimmigrant classification for themselves and certain immediate family members. The petition is divided into three parts: Forms I-918, Petition for U Nonimmigrant Status; I-918 Supplement A; and I-918 Supplement B. The principal petitioner must complete the Form I-918 to apply for temporary immigration status. The principal petitioner must complete Form I-918 Supplement A to petition for derivative status for a qualifying immediate family member. A certifying official of a certifying agency (which must be a Federal, state, or local law enforcement agency, prosecutor, judge, or other authority, that has responsibility for the investigation or prosecution of a qualifying criminal activity) must complete the Form I-918 Supplement B, at the petitioner’s request, to attest to the petitioner’s claim of being a victim of certain qualifying criminal activity and being helpful in the investigation or prosecution of the criminal activity. Section 214(p)(1) of the Immigration and Nationality Act (INA) requires the petitioner to submit such certification to USCIS. The information on all three parts of the form will be used to determine whether the petitioner and the petitioner’s family members meet the eligibility requirements for benefits under 8 CFR 212.17 and 214.14.

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

The use of these forms provides the most efficient means for collecting and processing the required data. The forms and its supplements, as well as the instructions, can be accessed electronically by visiting USCIS’ Website at http://www.uscis.gov/i-918. The forms, along with the required supporting documentation, must be mailed to the USCIS office that has jurisdiction over the respondent. USCIS is in the process of converting forms to be electronically accessed, completed, and submitted by the respondent. At this time, there is no finalized timeframe for the form being submitted to be converted to the electronic environment but USCIS will provide an update when the information becomes available.

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 USCIS Forms Inventory Report revealed no duplication of efforts, and there is no other similar form currently available that can be used for this purpose. This collection of information is unique to USCIS and is not conducted elsewhere. Any information that is shared with other agencies, or any information collected by other agencies that is used by USCIS to adjudicate the benefit sought in this collection, is notated in Question 2 above.

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.

If the form is not approved, there is no other tool USCIS may use to determine whether the alien was a victim of certain criminal activity and otherwise qualifies for U nonimmigrant status.

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.

This information collection is conducted in a manner consistent with the guidelines in

5 CFR 1320.5(d)(2).

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

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

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

On September 10, 2014, USCIS published a 60-day notice in the Federal Register at

79 FR 53721. USCIS did receive comments after publishing the notice; please refer to the separate comment matrix which addresses the public comments.

On January 29, 2016, USCIS published a 30-day notice in the Federal Register at 81 FR 5018. USCIS did not receive comments.

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 by respondents.

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

The Privacy Act of 1974 (Public Law 93-589) sets forth requirements for Federal agencies when they collect, maintain, or disseminate information about individuals. The Act requires Federal agencies to (a) collect minimal information necessary on individuals; (b) safeguard the information; and (c) allow individuals to inspect and correct erroneous information. Under 8 U.S.C. Section 1367 and 8 CFR Section 214.14, the respondent is informed that the information provided in the petition package is confidential and that it will only be used to determine eligibility and to enforce penalties for false statements. Further, the respondent is informed that the information will be released only as necessary to investigate the claim and to determine an applicant’s eligibility for the requested benefit. A Privacy Threshold Analysis has been completed. A Privacy Impact Analysis

is required and is in progress for the Humanitarian Adjudication for Victims Enterprise Nationwide and a System of Records Notice determination will be made at that time.

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 questions of sensitive nature. To be eligible for a U visa, a petitioner must be the victim of a qualifying criminal activity. Some of the qualifying criminal activities may be sexual in nature, such as rape, domestic violence, felonious assault, sexual assault, and prostitution, among others. Questions on these forms include requesting information about the crime, victimization, and injuries suffered. The forms also ask standard questions about the petitioner’s criminal history, drug use, and medical issues. These questions are necessary as they help USCIS to reach a determination as to whether the petitioner has met the eligibility requirements necessary to obtain U nonimmigrant status and if the petitioner is admissible to the United States.

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

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

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

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

Type of Respondent	Form Name / Form Number	No. of Respondents	No. of Responses per Respondent	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate*	Total Annual Respondent Cost
Individuals or Households	Petition for U Nonimmigrant Status, Form I-918	26,400	1	5 hours	132,000	$31.79	$4,196,280
Individuals or Households	I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient	17,808	1	1.5 hours (1 hour and 30 minutes)	26,712	$31.79	$849,175
Federal, state, local governments	I-918 Supplement B, U Nonimmigrant Status Certification	26,400	1	1hour	26,400	$31.79	$839,256
Individuals or Households	Biometrics Services	44,208	1	1.17 hours (1 hour and10 minutes)	51,723.36	$31.79	$1,644,286
Total		44,208**			236,835.36		$7,528,997

*The above Average Hourly Wage Rate is derived from the May 2014 Bureau of Labor Statistics Mean Hourly Wage for “All Occupations.”  The wage rate of $31.79 is calculated from the base average wage rate of $22.71 times the wage rate benefit multiplier of 1.4.  The selection of “All Occupations” represents the possibility that respondents can be employed in any type of work; the collection is not targeting any specific category of employment.

**This figure is derived by adding the number of respondents that file the I-918 and also file Supplement A.

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

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

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

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

There is no cost burden to respondents for actually responding to this information collection (e.g., start-up, maintenance, and operating costs associated with completing the paperwork). There is no fee charge for this information collection. For informational purposes only, there is an $85 biometrics services fee charged to applicants that file

Form I-918.

In addition, USCIS estimates that respondents will incur an estimated cost of $3.75 average postage cost to each respondent to submit the completed package to USCIS. Postage to mail completed package (44,208 x $3.75 average postage) = $165,780.

The total estimated annual cost to respondents is estimated at $165,780.

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:

a. Printing Cost $ 0

b. Collection and Processing Cost $ 11,162,160

c. Total Cost to Government $ 11,162,160

The estimated annual Government cost is $11,162,160. The estimated cost of the program to the Government is calculated by:

• I-918 respondents 26,400 x 5 hour (time required to collect and process information) x $40 (suggested average hourly rate for clerical, officer, and supervisory time with benefits) = $5,280,000; PLUS

• I-918 Supplement A, respondents 17,808 x 1.5 hour (time required to collect and process information) x $40 (suggested average hourly rate for clerical, officer, and supervisory time with benefits) = $1,068,480; PLUS

• I-918 Supplement B, respondents 26,400 x 1 hour (time required to collect and process information x $40 (suggested average hourly rate for clerical, officer, and supervisory time with benefits) = $1,056,000; PLUS

• I-918 respondents 44,208 x $85 biometric fee = $3,757,680; PLUS

• Cost for printing and distribution of the form = $0

The overall cost to the Government is calculated by adding all of the above costs equating to $11,162,160.

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/Instrument	Program Change (hours currently on OMB Inventory)	Program Change (New)	Difference
I-918	83,840	132,000	+48,160
Supplement A	15,050	26,712	+11,662
Supplement B	16,768	26,400	+9,632
Biometrics	4,175	51,723.36	+47,548.36
Total(s)	119,833	236,835.36	+117,002.36

The burden has increased as more individuals have filed and continue to file requests for U nonimmigrant status with USCIS. Specifically, as shown in the table immediately above, the burden has increased by 117,002.36 hours.

During this revision cycle, several changes were made to the Form I-918, Supplements A and B, and corresponding instructions. On the Form I-918 and Instructions, changes were made clarifying that we require an original signature, clarifying the process for receipt of an Employment Authorization Document for petitioners and qualifying family members, adding a provision for a safe foreign mailing address, and including the entire definition of “next friend” that appears in the regulations. In response to public comments, we also modified the form language so that a petitioner or qualifying family member who is in proceedings has clear instructions on how to complete this portion of the I-918 Form (and Supplement A). We also added two qualifying crimes that now appear in INA 101(a)(15)(U)(iii) following passage of VAWA 2013, which are Fraud in Foreign Labor Contracting and Stalking. We also removed questions on the Form I-918 and Supplement A regarding the public assistance ground of inadmissibility, which no longer applies to U petitioners. Although regulatory provisions have not been implemented since the passage of VAWA 2013, these changes are clear from the statutory language and we do not believe that further regulatory language is required.

Changes were also made to the Form I-918, Supplement B and Instructions. This form is completed by the certifying official and contains information about the petitioner, including the qualifying criminal activity of which the petitioner was a victim, the information that the petitioner possesses, and the victim’s helpfulness. This form is a required part of the U visa petition. On our own initiative, we modified language that has been confusing to adjudicators and to certifying officials, including the phrasing of questions regarding the petitioner’s helpfulness, to make the form clearer. We also clarified language about culpable family members to be more consistent with the regulations. In addition, we changed the language that enables certifying officials to provide additional information about the petitioner to make it clear that USCIS would like for certifying officials to provide any additional information that they would like to provide, rather than just information related to the helpfulness requirement. We also removed the “Other” box that appears on the checklist of qualifying criminal activity, as this box has been a regular source of confusion for certifying officials. The qualifying criminal activity that establishes U visa eligibility should correspond to one of the statutory crimes on the list, even if the qualifying criminal activity claimed is a similar crime and not the same crime that is listed on the form. In response to public comments, we made additional changes. We clarified that investigation and prosecution refers to the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity, as set forth in the regulations. We also clarified that USCIS will accept Supplement B forms completed in blue or black ink. Finally, we clarified that the certifying official should only provide information regarding the victim’s failure to assist law enforcement when the request was reasonable.

Data collection Activity/Instrument	Program Change (cost currently on OMB Inventory)	Program Change (New)	Difference
I-918	$0	$99,000	+$99,000
Supplement A	$0	$66,780	+$66,780
Supplement B	$0	$0	$0
Biometrics	$0	$0	$0
Total(s)	$0	$165,780	+$165,780

USCIS has also adjusted the cost to respondents by reporting the cost incurred by respondents in connection with this type of request. The cost previously reported was related to the Government Cost, which was $0. The new cost to respondents is estimated at $165,780.

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

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

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

USCIS will display the expiration date for 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.

10