11.3.16 DHS comments Supporting Statement for I-131

SUPPORTING STATEMENT FOR

APPLICATION FOR TRAVEL DOCUMENT

OMB Control No.: 1615-0013

COLLECTION INSTRUMENT(S): FORM I-131

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.

Pursuant to sections 103, 208, 212, 223, and 244 of the Immigration and Nationality Act (the “Act”) certain aliens, principally permanent or conditional residents, refugees or asylees, applicants for adjustment of status, aliens in Temporary Protected Status (TPS) and aliens abroad seeking parole into the United States (U.S.) for a temporary period of time due to urgent humanitarian reasons or for significant public benefit, need to apply for a travel document to lawfully enter or reenter the United States. The Form I-131 is used for these purposes.

Any individual may be required to submit biometric information if the regulations or form instructions require such information or if requested in accordance with 8 CFR 103.2(b)(9). DHS may collect and store for present or future use, by electronic or other means, the biometric information submitted by an individual. DHS may use this biometric information to conduct background and security checks, adjudicate immigration and naturalization benefits, and perform other functions related to administering and enforcing the immigration and naturalization laws. See 8 CFR 103.16. Individuals between the ages of 14 through 79 applying for reentry permits, refugee travel documents, parole in place, or advance parole documents outside of the U.S. have to provide biometrics as part of the current requirements for establishing eligibility for these benefits.

Authorities: 8 U.S.C. §§ 1103, 1158, 1182, 1203 and 1204

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.

Form I-131 has multiple uses:

• A permanent or conditional resident may use the form to apply for a Reentry Permit for admission to the U.S. during the document’s validity without having to obtain a returning resident visa from an U.S. Embassy or U.S. Consulate. For example, a permanent resident who has remained outside of the United States for up to 2 years may use a reentry permit to reenter the United States.
  
  

• Refugees or asylees, or permanent residents who were formerly refugees or asylees, may use the form to apply for a refugee travel document. The bearer presents the document for readmission to the United States after temporary travel abroad.

• Aliens abroad who seek to travel to the United States temporarily due to urgent humanitarian reasons or for significant public benefit may use the form to apply for an advance parole document to be paroled into the United States. These cases will be handled on a case by case basis. This includes aliens abroad applying for an advance parole document under Family Reunification Parole policies.
  
  

• Certain aliens in the United States, such as those granted TPS, parole, or T or V status, are also required to obtain an advance parole document if they wish to leave the United States temporarily and return. Aliens in the United States with pending adjustment applications must obtain an advance parole document if they wish to travel abroad without abandoning their pending application.
  
  

• Aliens present in the United States who are applicants for admission may use the form to apply for parole in place.

• Aliens granted parole who need to extend their authorization to remain in the U.S. can file for reparole using the Form I-131.

The information collected on the form is used to verify the applicant’s status and determine his or her eligibility to obtain a travel document or reparole.

Certain applicants who submit a Form I-131 to request a travel document will have to provide biometrics to facilitate the identity, background and security checks required to determine eligibility for the benefit. Aliens requesting a reentry permit, refugee travel document, parole in place, or an advance parole document outside of the U.S. are required to provide biometrics in connection with the application. As part of the enhanced procedures for conducting these checks, biometrics collection requirements and guidance are contained in the form instructions for these applicants. U.S. Citizenship and Immigration Services (USCIS) conducts background, security and identity checks on applicants in the United States who are seeking Advance Parole without requiring biometrics collection. In addition, individuals with TPS or pending adjustment applications who are seeking advance parole are required to submit biometrics in conjunction with their TPS and adjustment of status applications.

On June 15, 2012, the Secretary of Homeland Security issued a memorandum that outlines guidelines that should be used when considering whether to defer removal proceedings or the execution of removal orders. Known as DACA, this is a case-by-case exercise of prosecutorial discretion relating to individuals who were brought to the United States as children and meet certain threshold guidelines. The instructions for Form I-131 and USCIS policy provides that USCIS will generally grant advance parole to DACA recipients traveling outside the United States for educational purposes, employment purposes, or humanitarian purposes;

(a) Educational purposes include but are not limited to semester abroad programs or academic research;

(b) Employment purposes include but are not limited to overseas assignments, interviews, conferences, training, or meetings with clients; or

(c) Humanitarian purposes include but are not limited to travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.

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 this form provides the most efficient means for collecting and processing the required data. This form resides on the USCIS website at http://www.uscis.gov/i-131. The form can be completed electronically and printed.

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.

USCIS programs impose no duplication of efforts because similar information that can be used to determine eligibility for a travel document is not collected through other USCIS collections or programs. USCIS requires some applicants under this control number to provide passport-style photographs while it requires others to appear at a USCIS Application Support Center (ASC) to provide an electronic photograph and fingerprints. .

USCIS has also investigated the information that may be obtained from other Federal programs and agencies and has determined that the information necessary to determine if the alien is eligible to request a travel document is not available through other Federal sources.

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.

The collection of this information is required to verify the status of foreign nationals in the United States, including permanent or conditional residents, refugees or asylees, individuals with TPS or pending adjustment applications, DACA recipients, and applicants for admission, as well as aliens who seek a reentry permit, refugee travel document, an advance parole document (including parole due to urgent humanitarian reasons or for significant public benefit), or parole in place, and determine whether the applicant is eligible for the requested benefit. The lack of such documentation may result in aliens who travel abroad not being able to apply for readmission or to be paroled into the United States, without obtaining visas from a U.S. Embassy or Consulate. It may also result in aliens’ pending applications to be considered abandoned upon the alien’s departure from the United States. Many aliens abroad seeking to enter the United States for legitimate humanitarian reasons would not be able to apply for and obtain permission to enter the United States.

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. 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 May 4^th, 2016 USCIS published a Notice of Proposed Rulemaking at 81 FR 26904.  USCIS did receive comments after publishing that notice and the responses are contained in the final rule.  On October 24, 2016, USCIS published a Final Rule in the Federal Register at 81 FR 73292.

On June 7, 2016 USCIS published a 60-Day notice, in the Federal Register at 81 FR 36556. USCIS did receive five comments after publishing that notice.

Commenter 1: My clear request/suggestion: Make it more obvious on the USCIS website that the I-131 Travel Document is a passport that can be used to travel abroad in lieu of having a passport from the individual’s nationality. Charge more for the I-131 application in order to expedite, while not having to be justified by an extraordinary event.

USCIS Response: Thank you for your comment, but will not be making the requested change at this time. Your comment will be reviewed when the Form I-131 and instructions are sent for more comprehensive revisions.

Commenter 2: Discuss the layout of the form instructions and provides suggestions regarding clarity and completion of the form.

USCIS Response: Thank you for your comment, but will not be making the requested change at this time. Your comment will be reviewed when the Form I-131 and instructions are sent for more comprehensive revisions.

Commenter 3:States” There should be freedom to travel everywhere?”

USCIS Response: Thank you for your comment.

Commenter 4: Discusses refugees and the use of travel documents; corruption in government and their displeasure with foreigners; they suggestion deportation and state they are not infavor of granting any of the I-131 applicants.

USCIS Response: Thank you for your comment.

Commenter 5: Suggests providing better guidance on permissible dates of travel, advanced parole and negative impacts on DACA, use and retention of Form I-512L, prodivde space on the form for applicants seeking advanced parole for multiple trips, refer to advanced parole from outside of the United States as “Humanitrian Parole”, provide clearer guidance regarding inadmissibility and adjustment, provide guidance regarding filing for parole in place, provide a sample translation certificate for foreign language documents.

USCIS Response: Thank you for your comment, but will not be making the requested change at this time. Your comment will be reviewed when the Form I-131 and instructions are sent for more comprehensive revisions.

On August 30, 2016, USCIS published a 30-Day notice in the Federal Register at 81 FR 59645. USCISdid 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.

10. Describe any assurance of confidentiality provided to respondents and the basis for the

assurance in statute, regulation, or agency policy.

Refugees and asylees are protected by the confidentiality provisions of 8 CFR 208.6; 8 U.S.C. § 1103. Aliens in TPS status have the confidentiality protections described in 8 CFR 244.16; 8 U.S.C. § 1254a(c)(6). There are no confidentiality assurances for other aliens applying for the benefit.

A Privacy Act Statement was approved for this collection on August 15, 2016. The system of record notices associated with this information collection are DHS/USCIS-007 Benefits Information System, which was published in the Federal Register on October 19, 2016 at 81 FR 72069 and DHS/USCI43S/ICE/CBP-001 Alien File Index, and National File Tracking System, which published in the Federal Register on November 21, 2013 at78 FR 69864. The privacy impact assessment (PIA) associated with this information collection is the DHS/USCIS/PIA-051 Case and Activity Management for International Operations (CAMINO), dated May 26, 2015, and the DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System (CLAIMS 3) and Associated Systems, dated March 25, 2016.

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 person’s 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
Individuals or Households	Application for Travel Document, Form I-131	519,090	1	1.9 hours	986,271	$31.79	$31,353,555
Individuals or Households	Biometrics ***	71,665	1	1.17 hours	83,848	$31.79	$2,665,528
Individuals or Households	Passport-style Photographs****	317,733	1	.50 hours	158,867	$31.79	$5,050,382
Total					1,228,986		$39,069,465

* This figure reflects USCIS’s most recent estimate for the total number of I-131 respondents (519,090) which includes the newly added population of family reunification parole policy recipients that USCIS estimates might request advance parole documents (24,000).

** The above Average Hourly Wage Rate is calculated from the May 2014 Bureau of Labor Statistics average wage for “All Occupations” of $22.71 times the wage rate benefit multiplier of 1.4 equaling $31.79.

*** Only respondents requesting refugee travel documents or reentry permits will have to provide biometrics.

**** Only applicants requesting refugee travel documents or humanitarian advance paroled documents are required to provide passport-style photographs.

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 - start-up, maintenance, and operating costs associated with completing the paperwork. There is a $575 application fee for all applicants associated with this information collection and an $85 biometric fee to be paid by respondents requesting refugee travel documents, reentry permits, or boarding documents.

In addition, USCIS estimates that some respondents pay an estimated $10 fee to obtain the required passport-style photographs. The total estimated cost associated with that activity is $3,177,330 (317,733 respondents x $10).

Many respondents requesting travel documents may incur expenses to obtain, medical, military, education, or religious records. For form preparation, legal services, translators, and document search and generation, USCIS estimates that the average cost for these activities is $490 and that an estimated average of 60% of the total I-131 respondent population may incur this cost. The total annual cost to respondents for these activities would generate as follows: 519,090 respondents x 60% of the population = 311,454 respondents multiplied by the average cost per response of $490 = $152,612,460.

The total estimated annual cost to respondents is estimated at $155,789,790.

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

1. Printing Cost $ 20,500

2. Collection and Processing Cost $ 304,568,275

3. Total Cost to Program $ 304,588,775

Government Cost Analysis

The estimated cost to the government, which is funded by USCIS user fee collections, is calculated by multiplying the estimated number of respondents (519,090) x the fee charge for the collection ($575) and 71,665 respondents x $85 biometric fee. The total cost includes the suggested hourly rate for clerical, officer and managerial time with benefits, plus a percent for the estimated overhead cost for printing, stocking and distributing and processing of this form.

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

There is no change to the total hour burden. There is no change in the out of pocket expenses; there is an increase in the fee cost.

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 of OMB approval for 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.

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