Notice of Appeal or Motion

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-290B Notice of Appeal to the Office of Administrative Appeals (AAO)	Form	Modified	Repair queued
I-290B-Supporting Statement-Fee Rule-83Cv_11142019.docx	Supporting Statement A	Uploaded 2019-11-14	Available
I-290B 83C.pdf	Justification for No Material/Nonsubstantive Change	Uploaded 2019-11-04	Available
I290B-INS-TOC-2019FeeRule-10302019.docx	Supplementary Document	Uploaded 2019-11-01	Available
Reference Citation I-290B.doc	Supplementary Document	Uploaded 2018-04-12	Available
SORN 007 Benefits Info Sys 2016 10 19.pdf	Supplementary Document	Uploaded 2018-04-12	Available
SORN 001 AFileIndexNFTS 2017 09 18.pdf	Supplementary Document	Uploaded 2018-04-12	Repair queued
privacy-pia-062-uscis-aaocms-april26,2016.pdf	Supplementary Document	Uploaded 2018-04-12	Available
privacy-pia-016a-uscis-claims3-march25,2016.pdf	Supplementary Document	Uploaded 2018-04-12	Available
PTA, USCIS - Form I-290B Notice of Appeal of Motion, 20180227, PRIV Final.pdf	Supplementary Document	Uploaded 2018-04-12	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
20430	Notice of Appeal to the Office of Administrative Appeals (AAO)	Form	Modified

ICR Details

OMB Control No: 1615-0095	ICR Reference No: 201910-1615-016
Status: Historical Inactive	Previous ICR Reference No: 201804-1615-002
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-290B
Title: Notice of Appeal or Motion
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Withdrawn and continue	Conclusion Date: 12/21/2019
	Date Received in OIRA: 11/27/2019
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2020	05/31/2020	08/31/2020
Responses	24,878	0	24,878
Time Burden (Hours)	37,317	0	37,317
Cost Burden (Dollars)	7,407,523	0	7,407,523

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Abstract: The data collected on this form is used by the USCIS to determine that an appeal or motion to reopen or reconsider meet eligibility requirements. The collection is also used by the USCIS/AAO to adjudicate the merits of an appeal or motion to reopen or reconsider.

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Authorizing Statute(s): US Code: 8 USC 1103 Name of Law: U.S. 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 1624	01/12/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 15395	04/10/2018
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Notice of Appeal to the Office of Administrative Appeals (AAO)	I-290B	Notice of Appeal or Motion

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an increase in the annual burden hours previously reported for this information collection. This change is due to an adjustment in agency’s estimates for the number of respondents associated with this collection. USCIS previously reported 22,062 as the estimated number of respondents but is now reporting 24,878 as the estimated number of respondents. As a result, the annual burden hours have increased by 4,224 hours. The increase in public cost is due to an increase in the estimated number of respondents. USCIS previously estimated 22,062 respondents but now estimates 24,878 respondents. In addition, DHS increased the fee for the Form I-290B in 2016 from $630 to $675 to recover costs and maintain adequate service (81 FR 73292). DHS also estimates that a greater number of respondents will incur out-of-pocket costs as a result of filing Form I-290B that was previously estimated. As a result, the annual cost burden has increased by $9,404,647.

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Annual Cost to Federal Government: $16,792,650

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: 11/27/2019

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