G-28-SS-Final-20180330

SUPPORTING STATEMENT FOR

Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States

OMB Control No.: 1615-0105

COLLECTION INSTRUMENT(S): G-28; G-28I

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.

The G-28 is based on DHS having the authority to discipline attorneys who represent clients in immigration matters before DHS.  The authority for that is the Secretary of Homeland Security’s (Secretary) authorities under the Homeland Security Act of 2002, Public Law 107-296, section 102, 116 Stat. 2135, 6 U.S.C. 112, and the Immigration and Nationality Act of 1952, as amended (INA or Act), section 103(a), 8 U.S.C. 1103(a), to administer and enforce the immigration and naturalization laws and to discharge other related DHS functions.  Under such authorities, DHS regulates immigration practitioners appearing or seeking to appear before U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP). 

8 CFR 103.2 and 292.1 allow persons entitled to representation to be represented in matters before U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection, Department of Homeland Security (DHS). Representatives must file an appearance on the appropriate form in each case.

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 collected on Forms G-28 and G-28I is used by DHS to determine eligibility of the individual to appear as a representative. Form G-28 is used by attorneys admitted to the practice of law in the United States and accredited representatives of certain non-profit organizations recognized by the Department of Justice. Form G-28I is used by attorneys admitted to the practice of law in countries other than the United States and only in matters in DHS offices outside the geographical confines of the United States. If the representative is eligible, the form is filed with the case and the information is entered into DHS systems.

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.

Both the G-28 and the G-28I are available electronically in PDF format from USCIS’s Internet website at http://www.uscis.gov/forms. They can be completed electronically, saved, printed, and mailed to USCIS. The G-28 can be filed electronically if it is part of an electronic filing of a Form I-90, Application to Replace Permanent Resident Card, or a Form N-400, Application for Naturalization; it cannot be electronically filed for any other applications, petitions, or requests at this time. Form G-28I cannot be electronically filed.

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 these forms, which allows a person to represent someone else in front of USCIS, is not available anywhere else and is unique to these forms.

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.

Persons completing these forms may be employed as a small business; the information requested on Form G-28 and Form G-28I is the minimum amount necessary to properly identify the applicant’s qualification to represent others. USCIS has made every effort to minimize the time burden for completing these forms.

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 the information on Form G-28 and Form G-28I is not collected, DHS will not be able to determine whether an individual is eligible to represent another person in matters before USCIS.

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 December 6, 2017 USCIS published a 60-day notice in the Federal Register at 82 FR 57604. USCIS did receive comments after publishing that notice. Responses are provided in the “Appendix – Responses to Public Comments – Final.”

On March 13, 2018, USCIS published a 30-day notice in the Federal Register at 83 FR 10867. USCIS has not received 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. The information requested on these forms is associated with a separate benefit request that is authorized by the Immigration and Nationality Act. These forms typically require no additional supporting evidence or attachments. The primary purpose for providing the requested information on this benefit request is to obtain the necessary information to document the eligibility of the attorney or accredited representative of the applicant or petitioner. The information the applicant/petitioner/attorney or accredited representative provides is voluntary; however, failure to provide the requested information will result in failure to associate the applicant’s benefit request with the appearance of an attorney or accredited representative.

The information the applicant provides on this benefit request may be shared with other Federal, State, local, and foreign government agencies and authorized organizations following approved routine uses described in the associated published system of record notices:

• DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System of Records, September 18, 2017, 82 FR 43556

• DHS/USCIS-007 Benefits Information System, October 19, 2016 81 FR 72069

• DHS/USCIS-010 Asylum Information and Pre-Screening System of Records, November 30, 2015, 80 FR 74781

• DHS/USCIS-005 Inter-Country Adoptions Security, November 8, 2016, 81 FR 78614

• DHS/USCIS–017 Refugee Case Processing and Security Screening Information System of Records, October 19, 2016, 81 FR 72075

• DHS/USCIS-006 Fraud Detection and National Security Records (FDNS) August 8, 2012, 77 FR 47411

The associated Privacy Impact Assessments are:

• DHS/USCIS/PIA-013(a) Fraud Detection and National Security Data System (FDNS-DS)

• DHS/USCIS/PIA-015(b) Computer Linked Application Information Management System (CLAIMS 4) Update

• DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System (CLAIMS 3) and Associated Systems

• DHS/USCIS/PIA-056 USCIS Electronic Immigration System

• DHS/USCIS/PIA-027(c) USCIS Asylum Division

• DHS/USCIS/PIA-003(b) Integrated Digitization Document Management Program

• DHS/USCIS/PIA-007(b) Domestically Filed Intercountry Adoptions Applications and Petitions

• DHS/USCIS/PIA-051 Case and Activity Management for International Operations (CAMINO)

• DHS/USCIS/PIA-061 Benefit Request Intake Process

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.

		A	B	C (=AxB)	D	E (=CxD)	F	(=ExF)
Type of Respondent	Form Name / Form Number	#. of Respondents	#. of Responses per Respondent	# of Responses	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate*	Total Annual Respondent Cost
Businesses or other for-profit	Notice of Entry of Appearance as Attorney or Accredited Representative / G-28 Paper filing	2,778,700	1		0.833	2,314,657	$98.19	$227,276,171
Businesses or other for-profit	Notice of Entry of Appearance as Attorney or Accredited Representative / G-28 online filing	281,950	1		0.667	188,061	$98.19	$18,465,710
Businesses or other for-profit	Notice of Entry of Appearance as Attorney In matters Outside the Geographical Confines of the United States / G-28I Paper Filing	25,057	1		0.700	17,540	$98.19	$1,722,253
Total		3,085,707				2,520,258		247,464,134

* The above Average Hourly Wage Rate is the May 2016 Bureau of Labor Statistics average wage for Lawyers of $67.25 times the wage rate benefit multiplier of 1.46 (to account for benefits provided) equaling $98.19.

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 are no capital, start-up, operational, or maintenance costs associated with this collection.

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 $ 1,020

2. Collecting and Processing $ 41,101,617

3. Total Annual Cost to the Government $ 41,102,637

Government Cost

The estimated cost to the Government is $41,102,637. The estimated cost to the Government is calculated by multiplying the estimated number of respondents (3,085,707) x 0.333 hours (USCIS time required to collect and process information) x $40 (suggested average hourly rate for clerical, officer, and supervisory time with benefits), which equals $41,101,617. This figure also includes the estimated overhead cost for printing, stocking, and distributing the form which is $1,020.

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
Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28)				2,314,657
Notice of Entry of Appearance as Attorney or Accredited Representative (G-28 online filing)				188,061
Notice of Entry of Appearance as Attorney In matters Outside the Geographical Confines of the United States (Form G-28I)				17,540
Total(s)				2,520,258

There has been no change in the estimated hour burden for this collection of information.

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
Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28)				0	0	0
Notice of Entry of Appearance as Attorney or Accredited Representative (G-28 online filing)				0	0	0
Notice of Entry of Appearance as Attorney In matters Outside the Geographical Confines of the United States (Form G-28I)				0	0	0
Total(s)				0	0	0

There has been no change in the estimated cost to respondents for this information collection.

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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