Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act

Forms and Documents

Document Name	Status
I612-009-INS-TOC-FinalFeeRule-PostG1056-06082020.docx Supplementary Document	2020-08-03
I612-009-FRM-TOC-FinalFeeRule-PostG1056-06082020.docx Supplementary Document	2020-08-03
I-612 83C 2018 Fee FR.pdf Justification for No Material/Nonsubstantive Change	2020-08-03
I-612-Supporting Statement-Fee Rule FR-83C.docx Supporting Statement A	2020-08-03
SORN DHS-USCIS-007 BIS.pdf Supplementary Document	2019-04-19
SORN DHS-USCIS-ICE-CBP-001.pdf Supplementary Document	2019-04-19
DHS-USCIS-PIA-016a CLAIMS 3.pdf Supplementary Document	2019-04-19
Reference Citation.docx Supplementary Document	2017-03-22

IC Document Collections

IC ID	Document Title	Status
20297	Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act Instruction	Modified

ICR Details

OMB Control No: 1615-0030	ICR Reference No: 202007-1615-037
Status: Active	Previous ICR Reference No: 201903-1615-008
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-612
Title: Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act
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: Approved with change	Conclusion Date: 08/28/2020
	Date Received in OIRA: 08/07/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2021	09/30/2021	09/30/2021
Responses	7,200	0	7,200
Time Burden (Hours)	2,398	0	2,398
Cost Burden (Dollars)	882,000	0	882,000

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Abstract: Certain aliens admitted to the United States as exchange visitors are subject to the foreign residence requirements of section 212(e) of the Immigration and Nationality Act. Section 212(e) of the Act also provides for a waiver of the foreign residence requirement in certain instances. This information will be used by the USCIS to determine eligibility for a waiver.

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Authorizing Statute(s): US Code: 8 USC 1182 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 60885	11/23/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 16026	04/17/2019
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act	I-612	Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act

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ICR Summary 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	7,200	7,200	0	0	0	0
Annual Time Burden (Hours)	2,398	2,398	0	0	0	0
Annual Cost Burden (Dollars)	882,000	882,000	0	0	0	0

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 a 2,153 increase in the estimated hour burden associated with the information collection. This is a result of an increase in the estimate of the total number of annual respondents based on USCIS projections and corrects an error due to an incorrect projection number generated at the time of the last submission of this information collection. There is no change to the form or instructions; the Privacy Notice in the instructions was updated. There is a 791,840 increase in the estimated cost burden associated with this information collection. This is a result of an increase in the estimate of the total number of annual respondents based on USCIS projections. There is no change to the form or instructions; the Privacy Notice in the instructions was updated.

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Annual Cost to Federal Government: $6,696,000

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? No

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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: 08/07/2020

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