Supporting Statement - 1615-0082 (OMB 83C) 7-2017

SUPPORTING STATEMENT FOR

Application to Replace Permanent Resident Card

OMB Control No.: 1615-0082

COLLECTION INSTRUMENT(S): I-90

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.

Authorizing statute: 8 USC 1304.

According to 8 CFR 264.5, a permanent resident is required to replace a Permanent Resident Card using Form I-90 when:

(1) The previous card has been lost, stolen, or destroyed;

(2) The existing card will be expiring within six months;

(3) The existing card has been mutilated;

(4) The bearer's name or other biographic information has been legally changed since issuance of the existing card;

(5) The applicant is taking up actual residence in the United States after having been a commuter, or is a permanent resident taking up commuter status;

(6) The applicant has been automatically converted to permanent resident status;

(7) The previous card was issued but never received;

(8) The bearer of the card reaches the age of 14 years, unless the existing card will expire prior to the bearer's 16th birthday; or when

(9) The existing card bears incorrect data on account of U.S. Citizenship and Immigration Services (USCIS) error.

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 information collected will be used by USCIS to determine eligibility for a Permanent Resident Card and collect biometric information. The form serves the purpose of standardizing requests for the benefit and ensuring that basic information required to assess eligibility and the biometrics information required for card production are provided by the applicants. This form has been revised (see table of changes).

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 paper version of the form I-90 is available electronically at:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f 6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextch annel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

This form can be electronically filed at url:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b1659e415d116310VgnVCM100000082ca60aRCRD&vgnextchannel=b1659e415d116310VgnVCM100000082ca60aRCRD

Currently, the I-90 is also available to respondents via the USCIS e-file webpage accessed through the USCIS Forms homepage. This method of completing the information collection process will no longer be available once the approval to collect the data via USCIS’ Electronic Immigration System (USCIS ELIS) is approved as this will be the new e-filing option for the form.

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.

A review of the USCIS forms inventory report revealed no duplication of effort, and there is no other similar information currently available that can be used for this purpose.

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 we do not collect this information, a lawful permanent resident will not be able to replace his or her Permanent Resident Card.

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.

On May 4, 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.

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. The System of Records Notices associated with this information collection are (1) DHS/USCIS/ICE/CBP-001 - Alien File, Index, and National File Tracking System of Records, published at 76 FR 34233 on June 13, 2011 and (2) DHS/USCIS-007 Benefits Information System, published at 81 FR 72069.

The associated Privacy Impact Assessment are DHS/USCIS/PIA-056 – USCIS Electronic Immigration System (USCIS ELIS), dated May 17, 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 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 households	Application to Replace Permanent Resident Card / I-90 (Paper)	485,296	1	1.75	849,268	$33.40	$28,365,551
Individual or households	Application to Replace Permanent Resident Card / I-90 (Electronic)	326,531	1	1.42	463,674	$33.40	$15,486,711
Individuals of households	Biometric Processing	811,827	1	1.17	949,838	$33.40	$30,195,350
Total		811,827			2,262,780		$740,476,612

* The above Average Hourly Wage Rate is the May 2016 Bureau of Labor Statistics average wage for All Occupations of $23.86 times the wage rate benefit multiplier of 1.4 (to account for benefits provided) equaling $33.40. The selection of “All Occupations” was chosen as the expected respondents for this collection could be expected to be from any occupation.

NOTES ON BURDEN:

The above estimated burden per response for the paper version of the I-90 includes the time necessary to read all instructions for the form, gather all documents required to complete the collection of information, obtain translated documents if necessary, obtain the services of a preparer if necessary, and complete the form.

The above estimated burden per response for the ELIS electronic version of the I-90 includes the time necessary to read all instructions for the form, gather all documents required to complete the collection of information, obtain translated documents if necessary, obtain the services of a preparer if necessary, and complete, in the electronic version of the form, only those questions related to the program functionality of the information collection and not the biographical questions such as name, address, etc. The burden per response for the biographical questions answered via the ELIS electronic submission process is reported in OMB Control Number 1615-0122.

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 to the Form I-90 will incur costs including translation and preparation services, costs to acquire attorney representation, and costs to gather documentation and to mail the complete package to USCIS although not all respondents will incur every cost. USCIS estimates the total estimated cost = $278,456,661 the estimated cost per respondent is $343.

For informational purposes, there is an estimated annual fee of $455 per respondent required to be submitted with the form and a Biometric fee of $85 per respondent.

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. Collection and Processing Cost $ 438,386,580

2. Total Cost to Government $ 438,386,580

The collection and processing cost to the Federal Government is calculated by multiplying the total number of respondents filing Form I-90 (811,827) times the $455 fee required, equaling $369,381,285 and adding in the total of the filers times the $85 biometric fee, equaling $69,005,295; the total cost to the government is $438,386,580.

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 (hours currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (hours currently on OMB Inventory)	Adjustment (New)	Difference
I-90 (paper)				812,495	849,268	36,773
I-90 (electronic)				447,925	463,674	15,749
Biometric Processing				912,276	949,383	37,107
Total(s)				2,172,696	2,262,325	89,629

There has been no change to the total burden hours previously reported for this

information collection.

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-90				$365,343,150	$438,386,580	$73,043,430
Total(s)				$365,343,150	$438,386,580	$73,043,430

There has been no change in the out of pocket cost; there has been an increase the filing

fee from $365 to $455.

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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