Application to Extend/Change Nonimmigrant Status

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-539 USCIS ELIS Application to Extend/Change Nonimmigrant Status	Form and Instruction	Removed	Available
Form I-539 Application to Extend/Change Nonimmigrant Status	Form	Modified	Available
Form I-539 30-Day SS (4-30-2018) (c).docx	Supporting Statement A	Uploaded 2018-11-29	Available
30-Day Public Comment Responses (5-25-18).docx	Supplementary Document	Uploaded 2018-11-28	Repair queued
I539A-FRM-TOC-Bio Rev-OMBReview-06282018.docx	Supplementary Document	Uploaded 2018-11-28	Available
I539-INS-TOC-Bio Rev-OMBReview-07022018.docx	Supplementary Document	Uploaded 2018-11-28	Available
I539-FRM-TOC-Bio Rev-OMBReview-07052018.docx	Supplementary Document	Uploaded 2018-11-28	Available
I539A-INS-TOC-Bio Rev-30Day-04272018.docx	Supplementary Document	Uploaded 2018-04-30	Repair queued
Published 30-Day FRN (4-30-2018).docx	Supplementary Document	Uploaded 2018-04-30	Available
60-Day Public Comment Responses (clean).docx	Supplementary Document	Uploaded 2018-04-27	Available
Published 60-Day FRN (11-24-2017).docx	Supplementary Document	Uploaded 2018-04-27	Available
8 U.S.C. 1258 Section 248 INA.docx	Supplementary Document	Uploaded 2018-04-25	Available
8 CFR 214.1(c).docx	Supplementary Document	Uploaded 2018-04-25	Available
SORN - Benefits.pdf	Supplementary Document	Uploaded 2018-04-25	Available
SORN - A-File.pdf	Supplementary Document	Uploaded 2018-04-25	Repair queued
PIA-IDDMP.pdf	Supplementary Document	Uploaded 2018-04-25	Available
PIA-CLAIMS 3.pdf	Supplementary Document	Uploaded 2018-04-25	Repair queued
Published 60-day FRN (2-15-2018).docx	Supplementary Document	Uploaded 2018-03-30	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
209953	Biometric Processing		Unchanged
209952	Application to Extend/Change Nonimmigrant Status	Form and Instruction	Removed
209951	Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status	Instruction	Modified
20224	Application to Extend/Change Nonimmigrant Status	Form	Modified

ICR Details

OMB Control No: 1615-0003	ICR Reference No: 201811-1615-007
Status: Historical Active	Previous ICR Reference No: 201802-1615-004
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-539
Title: Application to Extend/Change Nonimmigrant Status
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/04/2019
	Date Received in OIRA: 11/30/2018
Terms of Clearance: The agency is given an 18 month approval. During this time, the agency will convene discussions with other agencies operating in the immigration space regarding ways to streamline and improve the process for, and reduce the duplicative collection of, biometric information. The agency will brief OIRA on its progress prior to the conclusion of the 18 months. Previous terms of clearance continue to apply.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2020	36 Months From Approved	02/28/2019
Responses	437,652	0	269,800
Time Burden (Hours)	682,280	0	408,069
Cost Burden (Dollars)	42,700,928	0	23,022,825

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Abstract: This form is used by a nonimmigrant to apply for an extension of stay or change of nonimmigrant status. Additionally, the data will be used by USCIS to determine eligibility for the requested immigration benefit.

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Authorizing Statute(s): US Code: 8 USC 1258 Name of Law: United States Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 6874	02/15/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 18858	04/30/2018
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

table that charts list of burden

IC Title	Form No.	Form Name
Application to Extend/Change Nonimmigrant Status	I-539	Application to Extend/Change Nonimmigrant Status
Biometric Processing
Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status	I-539A	Supplemental Information for Application to Extend/Change Nonimmigrant Status
Application to Extend/Change Nonimmigrant Status	I-539 USCIS ELIS	Application to Extend/Change Nonimmigrant Status

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	437,652	269,800	0	36,774	131,078	0
Annual Time Burden (Hours)	682,280	408,069	0	-2,094	276,305	0
Annual Cost Burden (Dollars)	42,700,928	23,022,825	0	-2,810,028	22,488,131	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: There is a 203,336 increase in the time burden last reported for this information collection. This increase is due to an increase in the estimated number of respondents for Form I-539.

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Annual Cost to Federal Government: $123,869,995

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/30/2018

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