Immigrant Petition by Alien Entrepreneur

ICR 202109-1615-001

OMB: 1615-0026

Federal Form Document

Forms and Documents
Document
Name
Status
Form
Modified
Justification for No Material/Nonsubstantive Change
2021-09-01
Supporting Statement A
2021-09-01
Supplementary Document
2021-09-01
Supplementary Document
2021-09-01
Supplementary Document
2019-07-19
Supplementary Document
2019-07-19
Supplementary Document
2019-07-19
Supplementary Document
2019-07-19
Supplementary Document
2019-07-19
IC Document Collections
IC ID
Document
Title
Status
43926 Modified
ICR Details
1615-0026 202109-1615-001
Received in OIRA 202007-1615-014
DHS/USCIS I-526
Immigrant Petition by Alien Entrepreneur
Revision of a currently approved collection   No
Emergency 10/04/2021
10/01/2021
  Requested Previously Approved
6 Months From Approved 11/30/2021
15,799 15,799
28,912 28,912
17,378,900 17,378,900

The form is used to petition for classification as an alien entrepreneur as provided by sections 121(b) and 162(b) of the Immigration Act of 1990. The data collected on this form will be used by USCIS to determine eligibility for the requested immigration benefit.
On June 22, 2021, the U.S. District Court for the Northern District of California vacated the EB-5 Immigrant Investor Program Modernization Final Rule, 84 FR 35750 (July 24, 2019). The Form I-526 was revised as part of this rulemaking but because the rule was vacated, use of the revised form is no longer legally permissible. USCIS must revert back to the pre-November 2019 version of the Form I-526. Reverting to the prior version of the Form I-526 is essential to the mission of USCIS to avoid being held in contempt by the Court. USCIS cannot reasonably comply with the normal clearance procedures because the rule has already been vacated and USCIS must comply with the Court order as soon as possible. USCIS has taken all practicable steps to minimize the burden of this information collection. Accordingly, USCIS revised the Form I-526 by reverting to the pre-2019 version of the Form I-526.Changes to the form have been thoroughly reviewed and vetted by USCIS. The revisedForm I-526 reflects the EB-5 Modernization Rule vacatur on June 22, 2021.

US Code: 8 USC 1153 Name of Law: Immigration and Nationality Act
  
None

Not associated with rulemaking

No

1
IC Title Form No. Form Name
Immigrant Petition by Alien Entrepreneur I-526 Immigrant Petition by Alien Entrepreneur

  Total Request 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 15,799 15,799 0 0 0 0
Annual Time Burden (Hours) 28,912 28,912 0 0 0 0
Annual Cost Burden (Dollars) 17,378,900 17,378,900 0 0 0 0
No
No

$58,061,325
No
    Yes
    Yes
No
No
No
No
Megan Barker 202 272-9135 [email protected]

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
10/01/2021


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