I-941 Emergency Memo

U.S. Citizenship and Immigration Services
Office of Information Technology
Washington, DC 20529

Decision Memorandum
TO:

Sharon Block
Acting Administrator,
Office of Information and Regulatory Affairs,
Office of Management and Budget

THROUGH: Eric Hysen
Chief Information Officer,
Department of Homeland Security
FROM:

Samantha L. Deshommes
Chief,
Regulatory Coordination Division,
Office of Policy and Strategy,
U.S. Citizenship and Immigration Services,
Department of Homeland Security

ERIC N
HYSEN

Digitally signed by ERIC
N HYSEN
Date: 2021.10.01
12:18:03 -04'00'

SAMANTHA L
DESHOMMES

Digitally signed by
SAMANTHA L DESHOMMES
Date: 2021.09.30 13:11:31
-04'00'

SUBJECT: Request for Emergency Office of Management and Budget Paperwork Reduction
Act Clearance – I-941, Application for Entrepreneur Parole, OMB Control Number
1615-0136
Purpose: USCIS is requesting emergency approval of this revision of an approved collection of
information under 5 CFR 1320.13.
Background: Form I-941 is used by entrepreneurs who wish to 1) Make an initial request to
U.S. Citizenship and Immigration Services (USCIS) for parole based upon significant public
benefit; 2) Make a subsequent request for parole for an additional period; or 3) File an amended
application for parole based upon significant public benefit to notify USCIS of a material
change. USCIS is adjusting the Entrepreneur Parole investment and revenue amount
requirements by the Consumer Price Index for All Urban Consumers (CPI-U) as regulatorily
required every three years.

Subject: Request for Emergency Office of Management and Budget Paperwork Reduction
Act Clearance – I-941, Application for Entrepreneur Parole, OMB Control
Number 1615-0136
Page 2
Discussion: On January 17, 2017, the Department of Homeland Security (DHS) published a
final rule with new regulatory provisions guiding the use of parole on a case-by-case basis with
respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial
and demonstrated potential for rapid business growth and job creation that they would provide a
significant public benefit to the United States. 1 The Final Rule was to be effective July 17,
2017. 2
On July 11, 2017, DHS published a rule delaying the effective date to March 14, 2018. 3 Two
individuals, two businesses, and the National Venture Capital Association sued DHS,
challenging the delay rule for violating the Administrative Procedure Act notice and comment
requirement. The D.C. Circuit, agreeing with the plaintiffs, vacated the delay rule on December
1, 2017, allowing the rule to go into effect without further delay. 4
The January 17, 2017 rule provides specific investment and revenue amounts that can support an
application for parole and re-parole. The rule also requires, at 8 CFR 212.19(l), that the
investment and revenue amounts will be automatically adjusted every 3 years by the Consumer
Price Index. 5 The preamble of the rule explained that investment and revenue amounts adjusted
by the CPI-U will apply to all applications filed on or after the beginning of that fiscal year. The
Department of Homeland Security is publishing a final rule , consistent with the regulatory
requirements, to provide notice to the public of the increased amounts to take effect at the start of
Fiscal Year 2022 and also to accurately reflect the investment amounts upon adjustment.
The investment and revenue amount requirements listed on the current Form I-941 reflect the
investment amounts that are in effect through the end of Fiscal Year 2021. At the start of Fiscal
Year 2022 the investment amounts will be automatically adjusted as mandated by regulation, and
the Form I-941 without revision, would not accurately reflect the adjusted amounts as stated in 8
CFR 212.19(a)(5), (b)(2)(ii)(B), and (c)(2)(ii)(B). These changes are essential to the mission of
USCIS to efficiently and fairly adjudicate requests for immigration benefits. USCIS cannot
82 Fed. Reg. 5238 (Jan. 17, 2017).
Id.
3
82 Fed. Reg. 31887 (July 11, 2017).
4
Nat’l Venture Capital Assoc. v. Duke, 291 F. Supp. 3d 5 (D.D.C. Dec. 1, 2017).
5
8 CFR 212.19(l). While DHS did not discuss these automatic adjustments in the preamble to the final rule, DHS
offered the following explanation in the proposed rule, 81 Fed. Reg. 60129 (Aug. 31, 2016) [footnote omitted]:
1
2

DHS proposes that the investment and revenue amounts specified at proposed 8 CFR 212.19(a)(5),
(b)(2)(ii) and (c)(2)(ii) will be automatically adjusted every 3 years by the Consumer Price Index for All
Urban Consumers (CPI-U). USCIS will provide notice in the Federal Register and on its Web site
at www.uscis.gov prior to the beginning of the fiscal year in which the change would take effect.
Investment and revenue amounts adjusted by the CPI-U will apply to all applications filed on or after the
beginning of that fiscal year. DHS believes that automatically adjusting the minimum dollar amounts by the
CPI-U every 3 years will maintain investment and revenue requirements at an appropriate level in relation
to future economic conditions. DHS believes adjusting the minimum dollar amounts every 3 years will be
more manageable operationally for DHS and less burdensome to applicants than adjustments at more
frequent intervals. See proposed 8 CFR 212.19(l).

Subject: Request for Emergency Office of Management and Budget Paperwork Reduction
Act Clearance – I-941, Application for Entrepreneur Parole, OMB Control
Number 1615-0136
Page 3
reasonably comply with the normal clearance procedures as it would take longer than the
beginning of Fiscal Year 2022 to implement; the amounts automatically adjust at that time.
Accordingly, USCIS revised the Form I-941 to reflect the adjusted amounts as instructed by
regulatory authority. Changes to the form have been thoroughly reviewed and vetted by USCIS.
USCIS seeks emergency processing of the Form I-941 in accordance with 5 CFR 1320.13.
USCIS certifies that the requirements of 5 CFR 1320.13(a) are met and that:
•
•

The collection of information is needed immediately and is essential to the mission of the
agency.
The use of normal clearance procedures is reasonably likely to prevent or disrupt the
collection of information.

USCIS greatly appreciates the timely consideration of this request.
Recommendation: Please sign decision memo requesting emergency approval of this collection
of information under 5 CFR 1320.13.