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.
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