Before CBP
submits this collection to OMB/OIRA for the thirty day notice and
comment period following this emergency approval, CBP will brief
OMB on: 1) improvements to data that inform the public burden
estimate, government cost information, and general lessons learned
since implementation of this emergency approval; 2) their progress
toward the inclusion of a customer satisfaction survey (as a part
of this collection) aimed at ascertaining the customer friendliness
of the new questions and identification of those questions that
cause the respondent population the most difficulty; and 3)
specific, experienced uses of each of the new questions in
identifying the target population outlined in the Visa Waiver
Program Improvement and Terrorist Travel Prevention Act of
2015.
Inventory as of this Action
Requested
Previously Approved
08/31/2016
6 Months From Approved
09/30/2018
32,197,623
0
32,197,623
9,495,206
0
8,704,813
296,993,046
0
296,993,022
Form I-94 (Arrival/Departure Record)
and Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure) are
used to document a traveler's admission into the United States.
These forms include date of arrival, visa classification and the
date the authorized stay expires. The forms are also used by
business employers and other organizations to confirm legal status
in the United States. The Electronic System for Travel
Authorization (ESTA) applies to aliens traveling to the United
States under the Visa Waiver Program (VWP) and requires that VWP
travelers provide information electronically to CBP before
embarking on travel to the United States.
On December 18, 2015,
the President signed into law the Visa Waiver Program Improvement
and Terrorist Travel Prevention Act of 2015 as part of the
Consolidated Appropriations Act of 2016. To meet the requirements
of this new law, the Department of Homeland Security (DHS or the
Department) is strengthening the security of the VWP through
enhancements to the ESTA application and to Form I-94W. Many of the
provisions of the new law became effective on the date of enactment
of the Act. The Act requires immediate action to implement the
provisions that generally make nationals of VWP countries
ineligible (with some exceptions) from traveling to the United
States under the VWP if the applicant is a dual national of, or has
at any time on or after March 1, 2011 been present in, Iraq, Syria,
a designated state sponsor of terrorism (currently Iran, Sudan, and
Syria), or any other country or area of concern designated by the
Secretary of Homeland Security. A delay in implementation has
significant national security implications and would put DHS at
risk of not being in compliance with these new requirements.
US Code:
8 USC
231 Name of Law: Immigration and Nationality Act
PL:
Pub.L. 111 - 145 9 Name of Law: Travel Promotion Act
US Code: 8 USC
217 Name of Law: Immigration and Nationality Act
PL:
Pub.L. 110 - 53 711 Name of Law: 9/11 Act
US Code: 8 USC
235 Name of Law: Immigration and Nationality Act
The average times per response
for the ESTA application was increased from 20 minutes to 22
minutes and the burden hours were increased from 7,662,330 hours to
8,421,660 hours. The average time per response for Form I-94W was
increased from 13 minutes to 15 minutes and the burden hours were
increased from 204,260 hours to 235,323 hours. There are no changes
to Form I-94 or to the I-94 website.
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:
(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;
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.
Form I-94 Arrival and Departure Record I-94
ESTA February 2016 FAQs FINAL.docx
Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.pdf
9-11 Act PL 110-53.doc
Arrival and Departure Record I-94