Application to Register Permanent Residence or Adjust Status

Forms and Documents

Document Name	Status
Form I-485 Application to Register Permanent Residence or Adjust Status Form	Modified
Form I-485 Supplement J, Confirmation of Bona Fide Offer or Request for Job Portability Under Section 204(j) Form	Unchanged
Form I-485 Supplement A Supplement A to Form I-485, Adjustment of Status Under Section 245(i) Form	Unchanged
I-485 EMG PC Inj Supporting Statement.docx Supporting Statement A	2020-09-03
I485-018-INS-TOC-PCInj-09022020.docx Supplementary Document	2020-09-03
Public Charge Emergency Memo_Final_09012020 2.pdf Supplementary Document	2020-09-03
DHS USCIS PIA 016a 20160325.pdf Supplementary Document	2019-07-29
DHS USCIS PIA 003 20170105.pdf Supplementary Document	2019-07-29
DHS USCIS 018 SORN 20180731.pdf Supplementary Document	2019-07-29
DHS USCIS 007 SORN 20161019.pdf Supplementary Document	2019-07-29
DHS USCIS 001 SORN 20170918.pdf Supplementary Document	2019-07-29

IC Document Collections

IC ID	Document Title	Status
43925	Application to Register Permanent Residence or Adjust Status Form	Modified
224886	Supplement J, Confirmation of Bona Fide Offer or Request for Job Portability Under Section 204(j) Form	Unchanged
222858	Biometrics Processing	Unchanged
218034	Supplement A to Form I-485, Adjustment of Status Under Section 245(i) Form	Unchanged

ICR Details

OMB Control No: 1615-0023	ICR Reference No: 202009-1615-002
Status: Historical Active	Previous ICR Reference No: 202003-1615-001
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-485
Title: Application to Register Permanent Residence or Adjust Status
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/03/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/03/2020
	Date Received in OIRA: 09/03/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2021	6 Months From Approved	10/31/2020
Responses	755,800	0	755,800
Time Burden (Hours)	2,899,742	0	2,899,742
Cost Burden (Dollars)	131,702,396	0	131,702,396

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Abstract: The information on Form I-485 will be used to request and determine eligibility for adjustment of permanent residence status. Supplement A is used to adjust status under section 245(i) of the Immigration and Nationality Act (Act).

Emergency Justfication: On Wednesday, July 29, 2020, DHS was enjoined by the U.S. District Court for the Southern District of New York from enforcing, applying, implementing, or treating as effective the Public Charge Final Rule, which was implemented on February 24, 2020, in the states of NY, CT, and VT. USCIS has been advised by the U.S. Department of Justice that the injunction covers the use of this information collection instrument approved with the Public Charge Final Rule. In light of the injunction, USCIS will need to revise this form’s instructions to provide guidance to filers from those states that they should not fill out the data elements added pursuant to the Public Charge Final Rule.

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Authorizing Statute(s): US Code: 8 USC 1255 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

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Supplement A to Form I-485, Adjustment of Status Under Section 245(i)	I-485 Supplement A	Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
Biometrics Processing
Supplement J, Confirmation of Bona Fide Offer or Request for Job Portability Under Section 204(j)	I-485	Supplement J, Confirmation of Bona Fide Offer or Request for Job Portability Under Section 204(j)
Application to Register Permanent Residence or Adjust Status	I-485	Application to Register Permanent Residence or Adjust Status

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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	755,800	755,800	0	0	0	0
Annual Time Burden (Hours)	2,899,742	2,899,742	0	0	0	0
Annual Cost Burden (Dollars)	131,702,396	131,702,396	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:

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Annual Cost to Federal Government: $499,867,195

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: 09/03/2020

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