I-192-SS-Final-20180629

SUPPORTING STATEMENT FOR

Application for Advance Permission to Enter as Nonimmigrant

OMB Control No.: 1615-0017

COLLECTION INSTRUMENT(S): Form I-192

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.

Section 212(a) of the Immigration and Nationality Act (INA) defines certain classes of aliens who are ineligible to receive nonimmigrant visas and who are excluded from admission into the United States. Section 212(d)(3) of the INA and 8 CFR 212.4 allows the Secretary of Homeland Security to waive the applicability of section 212(a) for certain nonimmigrants and to admit the alien temporarily despite his or her inadmissibility. This form is provided by U.S. Citizenship and Immigration Services (USCIS) as a means for certain inadmissible nonimmigrant aliens to apply for permission to enter the United States. This form is also used by U.S. Customs and Border Protection (CBP), to grant temporary permission to certain inadmissible nonimmigrants who wish to enter the United States through a port of entry pursuant to section 212(d)(3) of the INA and 8 CFR 212.4. USCIS also uses this form to address requests for waivers of inadmissibility by applicants for T nonimmigrant status (victims of a severe form of trafficking in persons) and petitioners for U nonimmigrant status (victims of qualifying criminal activity). This is in accordance with INA 212(d)(3), INA 212(d)(13) and INA 212(d)(14); 8 CFR 212.4, 8 CFR 212.16, 8 CFR 212.17 and 8 CFR 214.14.

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 will be used by CBP and USCIS to determine whether the applicant is eligible to enter the United States temporarily under the provisions of section 212(d)(3), 212(d)(13), and 212(d)(14) of the INA. The respondents for this information collection are certain inadmissible nonimmigrant aliens who wish to apply for permission to enter the United States and applicants for T or petitioners for U nonimmigrant status.

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 Form I-192 provides the most efficient means for collecting and processing the required data. Form I-192 is available at http://www.uscis.gov/i-192 and has partial Government Paperwork Elimination Act (GPEA) compliance as it can be accessed, completed and saved electronically. However, the form must be printed and submitted to USCIS or CBP by mail or in person at a port of entry. Currently, neither CBP nor USCIS has the capability in place to accept electronic submission of applications.

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.

This collection of information is unique to USCIS and CBP and is not conducted elsewhere. With this revision of Form I-192, the need for applicants to file a Form G-325A for biographical information, along with the Form I-192, is being eliminated. This definitively removes any duplication of information collection that may have been occurring across the two forms. All information required is now collected on Form I-192.

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 the information is not collected, under section 212(d)(3) of the INA, and additionally for T nonimmigrant applicants section 212(d)(13) and for U nonimmigrant petitioners section 212(d)(14), certain classes of aliens, who are ineligible for status or to receive visas and to enter the United States, would remain ineligible with no opportunity for a waiver of inadmissibility.

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 February 27, 2018, USCIS published a 60-day notice in the Federal Register at 83 FR 8498. USCIS did not receive comments after publishing that notice.

On May 25, 2018, USCIS published a 30-day notice in the Federal Register at 83 FR 24331. USCIS has not yet 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.

The system of records notices associated with this information collection are:

• DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System of Records, November 21, 2013, 78 FR 69864;

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

• DHS/CBP-006 Automated Targeting System, May 22, 2012, 77 FR 30297.

The privacy impact assessments associated with this information collection are:

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

• DHS/CBP/PIA-006 Automated Targeting System (ATS).

Information provided on Form I-192 by an applicant for T nonimmigrant status or a petitioner for U nonimmigrant status who files Form I-192 with USCIS is protected by the confidentiality provisions at 8 USC 1367.

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.

This information collection contains questions that are of a sensitive nature. The respondents must provide information on why they are inadmissible and the grounds of inadmissibility that apply to them. If a ground of inadmissibility is not provided but USCIS or CBP discovers the inadmissibility, USCIS or CBP will request a Form I-192 describing the inadmissibility issue and may request further documentation pertaining to them (i.e. court records, immigration documents, etc.).

This information is necessary for USCIS or CBP officers to make a determination on whether the nonimmigrant, the applicant for T nonimmigrant status, or the petitioner for U nonimmigrant status is eligible for the immigration relief being sought.

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
Individuals or Households	Application for Advance Permission to Enter as Nonimmigrant (Form I-192)	68,050**	1	68,050	1.5	102,075	$34.84	$ 3,556,293
Total		68,050		68,050		102,075		$3,556,293

* 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 1.46 (to account for benefits provided) equaling $34.84. The selection of “All Occupations” was chosen as the respondents for this collection could be expected to be from any occupation.

** The respondent estimate includes both USCIS and CBP respondents.

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 or start-up costs associated with this information collection. For informational purposes, there is a fee charge of $930 (for USCIS filings) or $585 (for CBP filings) associated with the collection of this information. However, under the TVPRA 2008, applicants for T nonimmigrant status and petitions for U nonimmigrant status filing this form with USCIS may request a fee waiver in accordance with 8 CFR 103.7(c)(3)(xviii).

This information collection may impose some out-of-pocket costs on respondents in addition to the time burden for the form’s preparation.

For form preparation, legal services, translators, and document search and generation, USCIS estimates the average cost of this information collection may vary widely, from as little as $20 to $1000 per respondent. USCIS estimates that the average cost for these activities is $490 and approximately 50% of the total respondent population may incur this cost. The total cost to respondents would generate as follows: 68,050 respondents x 50% of the population = 34,025 multiplied by the average cost per response of $490 = $16,672,250.

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.

Government Cost

USCIS establishes its fees using an activity-based costing model to assign costs to an adjudication based on its relative adjudication burden and use of USCIS resources. Fees are established at an amount that is necessary to recover these assigned costs, plus an amount to recover unassigned overhead (which includes the clerical, officer, and managerial time with benefits) and immigration benefits provided for free. USCIS immigration fees are based on studies of resource expenditures related to the benefit in question. Therefore, USCIS uses the fee associated with an information collection as a reasonable measure of the collection’s costs to the agency. USCIS has established the fee for Form I-192 at $930.

The total estimated cost of the program to the government is calculated by multiplying the estimated number of respondents (68,050) by the fee charge ($930), which equals $63,286,500. This total includes the suggested average hourly rate for clerical, officer and supervisory time with benefits and the estimated overhead cost for printing, stocking, and distributing this form.

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
Form I-192				5,224	28,801	28,801
Form I-192	-	68,050	68,050
Total(s)		68,050	68,050	5,224	28,801	28,801

USCIS is reporting an increase in the estimated hour burden to respondents. This increase is a result of both an increase in the estimated number of respondents for this collection of information, as well as changes to the form to incorporate data elements that were previously collected on Form G-325A. As a result of the changes to the form and instructions, which will require more time from the applicant to review and complete, USCIS is revising the estimated time burden upwards to 1.5 hours.

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
Form I-192				0	$63,286,500	$63,286,500
Total(s)				0	$63,286,500	$63,286,500

USCIS did not report a cost burden in the previous submission, but is now reporting an estimated cost to respondents.

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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