Supporting Statement 1615-0027 I-566 2015-12-23

SUPPORTING STATEMENT FOR

Interagency Record of Request A, G, or NATO Dependent Employment Authorization or Change/Adjustment To/From A, G, or NATO Status

OMB Control No.: 1615-0027

COLLECTION INSTRUMENT(S): I-566

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.

Under Section 101 of the Immigration and Nationality Act, U.S. Citizenship and Immigration Services (USCIS) is required to determine the eligibility of dependents of A-1, A-2, G-1, G-3, G-4 or NATO 1-7 nonimmigrants for employment authorization. (Definitions and eligibility requirements may be found in 8 CFR 214.2(a), 214.2(g) and 214.2(s).

Also under Section 101 of the Immigration and Nationality Act, USCIS is required to determine the eligibility for Foreign government diplomats and officials and their personal employees (classified as A-1, A-2 and A-3), representatives of international organizations and their personal employees (classified as G-1 through G-5), and officials or employees of the North Atlantic Treaty Organization (NATO) and their personal employees (classified as NATO-1 through NATO-7) to change to another nonimmigrant classification or to adjust their nonimmigrant status to lawful permanent resident status.

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.

The data on this form is used by Department of State (DOS) to certify to USCIS eligibility of dependents of A or G principals requesting employment authorization, as well as for NATO/Headquarters, Supreme Allied Commander Transformation (NATO/HQ SACT) to certify to USCIS similar eligibility for dependents of NATO principals. DOS also uses this form to certify to USCIS that certain A, G or NATO nonimmigrants may change their status to another nonimmigrant status. USCIS, on the other hand, uses data on this form in the adjudication of change or adjustment of status applications from aliens in A, G, or NATO classifications and following any such adjudication informs DOS of the results by use of this form.

The information provided on this form continues to ensure effective interagency communication among the three governmental departments – the Department of Homeland Security (DHS), DOS, and the Department of Defense (DOD) – as well as with NATO/HQ SACT. These departments and organizations utilize this form to facilitate the uniform collection and review of information necessary to determine an alien’s eligibility for the requested immigration benefit. This form also ensures that the information collected is communicated among DHS, DOS, DOD, and NATO/HQ SACT regarding each other’s findings or actions.

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 form I-566 is available online at http://www.uscis.gov/files/form/i-566.pdf and it can be completed and saved electronically. The form is currently partially compliant under the Government Paperwork Elimination Act, and further effort to make it fully compliant is to be undertaken but not yet scheduled.

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.

The information collected via this form is specific to the categories of affected persons listed and is used for the specific purposes listed in Question 2. There is no duplication of this information collection conducted elsewhere.

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 this information is not collected, USCIS would not be able to adjudicate requests for work authorization and change/adjustment of status from dependents of A, G, or NATO principals, because receipt of this form from DOS and NATO/HQ SACT certifying eligibility in accordance with bilateral or de facto employment agreements to seek these benefits is required prior to USCIS adjudication. In addition, information that aliens in these classifications have adjusted their status to lawful permanent residents would not be communicated to DOS and NATO/HQ SACT, and thereby not allowing DOS and NATO/HQ SACT the required information to remove such aliens from their respective databases and take other appropriate actions.

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 March 24, 2015 USCIS published a 60-day notice in the Federal Register at 80 FR 15626. USCIS did not receive comments after publishing that notice. On June 17, 2015, USCIS published a 30-day notice in the Federal Register at 80 FR 34686. 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 any payment for benefit sought.

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

There is no assurance of confidentiality. Information collected from Form I-566 is not entered into an electronic system; therefore a Privacy Impact Assessment (PIA) is not required. The system of record associated with this information collection is United States Citizenship and Immigration Services Benefits Information System (DHS/USCIS-007).

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 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
Individual or household	Interagency Record of Request A, G, or NATO Dependent Employment Authorization or Change/Adjustment To/From A, G, or NATO Status / I-566	5,800	1	1.42	8,236	$31.79	$261,822
Total		5,800			8,236		$261,822

* The above Average Hourly Wage Rate is the May 2014 Bureau of Labor Statistics average wage for All Occupations of $22.71 times the wage rate benefit multiplier of 1.4 (to account for benefits provided) equaling $31.79.  When “All Occupations” is selected, include the following language: “The selection of “All Occupations” was chosen as the expected respondents for this collection could be expected to be from any occupation.”

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.

USCIS estimates that respondents will incur some cost related to this collection of information such as postage, copies of documents to support answers, and fees related to assistance from attorneys. USCIS estimates that the average cost per respondent will be $122.50, x the total number of respondents of 5,800 = $710,500 total cost.

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.

a. Printing Cost $ 5,200

b. Collecting and Processing $ 226,800

c. Total Cost to Government $ 232,000

Government Cost

The estimated annual cost to the Government is $ 232,000. This figure is calculated by using the estimated number of annual respondents (5,800) x (1) frequency of annual responses x (1 hour) (time required to collect and process information) x $ 40 (suggested average hourly rate for clerical, officer, and supervisory time with benefits). This figure includes the estimated overhead cost for printing, stocking, and distributing the form which is $ 5,200.

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/Instru-ment	Program Change (cost currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (cost currently on OMB Inventory)	Adjustment (New)	Difference
I-566				0	$710,500	$710,500
Total(s)				0	$710,500	$710,500

The changes to the hour burden result from a better estimation of the hour burden to complete the forms. The changes to the form and instructions are listed in the separate Table of Changes documents.

Data collection Activity/Instru-ment	Program Change (cost currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (cost currently on OMB Inventory)	Adjustment (New)	Difference
I-566				0	$710,500	$710,500
Total(s)				0	$710,500	$710,500

USCIS has now included an estimated cost to the respondent.

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.

This information collection will not be published for statistical purposes.

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.

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