FINAL -PRA Statement DS-7007

SUPPORTING STATEMENT FOR

PAPERWORK REDUCTION ACT SUBMISSION

OMB No. 1405—NEW

Host Placement Certification

Form DS-7007

A. Justification:

1. The U.S. Department of State manages the Exchange Visitor Program under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. This program enables U.S. Government agencies and public and private organizations, as Department designated program sponsors, to conduct a variety of educational and cultural exchange activities whereby foreign nationals enter the United States to work, study, train, teach or engage in research. Furthermore, Title 8, Section 101(a)(15) of the Immigration and Nationality Act; Title 22 CFR, Section 62; and the Mutual Educational and Cultural Exchange Act pursuant to the authority granted the Department of State under Public Law 105–277, specifically authorize programs that permit bona fide foreign students who are enrolled full-time and pursuing studies at accredited post-secondary academic institutions located outside the United States to work and travel in the United States for the shorter of four months or the length of the long break between academic years at the schools they attend.

Current regulations set forth at 22 CFR 62.32(l), and proposed regulations at 22 CFR 62.32(i), require program sponsors to vet all potential host employers and ensure that the job placements are appropriate and the job offers viable. Form DS-7007 will streamline this process between the sponsor, host entity, and exchange visitor.

2. The information on the Host Placement Certification (Form DS-7007) sets forth the terms and conditions of the Summer Work Travel program and serves to document the obligations of the three parties involved in the Summer Work Travel program--the sponsor, the host entity for whom the exchange visitor works while on program, and the exchange visitor.

A Department of State designated Exchange Visitor Program sponsor in the Summer Work Travel category must complete Form DS-7007 (except the Housing Addendum) for each prospective participant and update it thereafter if the exchange visitor changes host entities or adds additional host entities. Form DS-7007 is to be completed and signed by the sponsor, the exchange participant selected for the program, and the host entity supervisor, prior to the issuance of Form DS-2019 (Certificate of Eligibility for Exchange Visitor Status, OMB # 1405-0119). When completed, the Form DS-7007 is sent to the prospective exchange visitor abroad, who may be asked to show the form to the U.S. Embassy/Consulate, along with his/her Form DS-2019, at the time of J-1 visa application. The completed DS-7007 provides the information that the consular official, before issuing the J-1 visa, may wish to check in order to ensure that the individual named on Form DS-2019 will participate in a bona fide program. The sponsor also must fully execute the Housing Addendum to the DS-7007 prior to the exchange visitor’s departure for the United States and the Housing Addendum must be updated if the exchange visitor changes housing during his/her assignment.

The information collected will be used by Department officials responsible for the administrative oversight of the Exchange Visitor Program to monitor the compliance of designated exchange visitor program sponsors with program regulations.

3. The DS-7007 is currently envisaged as a paper form, copies of which may kept on file by the three parties involved in the exchange--the exchange visitor, the sponsor, and the host entity. After introduction of the collection, the Department may develop the form within the Student and Exchange Visitor Program (SEVIS) system. Currently, the SEVIS system does not accept electronic signatures (a deficiency that does not depend on the Department), so currently, it may not make sense to develop the DS-7007 as part of SEVIS, since its main use is to have all parties sign in a consistent way to the exchange visitor’s work assignment and housing.

4. Form DS-7007 does not collect information that exists elsewhere.

5. There is minimal impact on small business or entities. DoS estimates that 41 program sponsors, 29 of which are small business entities, will use Form DS-7007. The information collected is only that which is required by the Department or DHS to meet legislative and regulatory requirements. The Department estimates that it will take small sponsors a total of 1.25 hours to complete both parts of the form at an hour-cost burden of $868,563 (26,725 exchange visitors (including re-placements) x 1.25 x $26 weighted wage per hour). This cost includes completion of both the main form and the Housing Addendum.

6. Form DS-7007 and the data collection therein shall bring certainty, clarity and uniformity to facilitation of summer work travel programs conducted under the aegis of the Mutual Educational and Cultural Exchange Act, as amended (Fulbright-Hays Act). Form DS-7007 must be completed prior to issuance of Form DS-2019. Its use will streamline the process to the benefit of the exchange visitor, the sponsor, and the Department. Sponsors must have a completed Form DS-7007 for each Summer Work Travel participant accepted into their program and, as with other program documents, must maintain a copy of the completed Form DS-7007 for a minimum of three years following completion of the exchange visitor’s exchange program. The Department will request copies of these forms during a review of a complaint or compliance issue.

7. There are no special circumstances associated with Form DS-7007.

7. The Department previously published a 60-day notice for Form DS-7007 in November 2011(76 FR 72996) and took public comments into account when revising the form. However, because the format of Form DS-7007 has changed so much and is now coordinated with a proposed rule for the Summer Work Travel program, the Department will re-propose Form DS-7007 along with the rule and take comments for a period of 45-days.

7. Respondents are not provided with any gifts or payments.

7. Sponsors are given no assurance of confidentiality for the information provided in connection with the Exchange Visitor Program regulations other than those provided under the provisions of the Privacy Act and Freedom of Information Act.

7. There are no questions of a sensitive nature on the Form DS-7007.

7. Each year, all designated Summer Work Travel sponsors (41 sponsors currently) will be responsible for completing a Form DS-7007 for each of the prospective exchange visitors accepted as participants in their exchange visitor program (Total – 92,500, a total of 90,000 exchange visitors plus and estimated 2,500 exchange visitors needing re-placement). Each Form DS-7007 takes approximately 1.25 hours for sponsors to complete. Based on these figures it is estimated that the annual hour burden on respondents will be 115,625, hours. We can estimate an hour-cost burden of $2,312,500. (1.25 hours multiplied by 92,500=115,625 hours x $26 per hour weighted wage = $3,006,250.

13. We estimate that the monetary burden to respondents (sponsors) will be minimal. No fee is charged in connection with this Form. The respondents are required to fill out the Form, keep a copy for their files and provide a copy to the Exchange Visitor Program participant and host entity. It is expected that respondents currently have full capacity to complete and process the Form as part of their current customary and usual business practices. Mailing costs associated with the DS-7007 are minimal.

14. It is estimated that the annualized cost to the Federal Government is confined to the salary and benefits of Department officials responsible for the administrative oversight of the Summer Work Travel sponsors submitting this information. The total estimated annual cost to the Federal Government is $6500.00. One employee (GS-9) with an average hourly wage of $35.00, will spend approximately five percent of his or her time, or 100 hours, reviewing forms for accuracy, which yields an annual cost of $3500.00 (100 hours multiplied by $35.00 hourly wage). The estimated cost of benefits, associated with the hours spent processing the form is $3000.00, which yields a total annual cost of $6500.00 ($3500.00 in salary plus $3000.00 in benefits).

15. None, as the form is a new one. The form has been configured to give more space for sponsor to write on the form, and because housing is typically found later, after the Form DS-2019 has been written, the Housing Addendum has been made into a separable page.

16. The Department will not publish the information collected.

17. The Department will display the OMB expiration date.

18. The Department is not requesting any exceptions to the certification on Form 83i.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS.

This collection does not employ statistical methods.