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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-612 Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act	Form	Modified	Available
I-612 REV Fee Rule NPRM Supporting Statement.docx	Supporting Statement A	Uploaded 2022-12-02	Available
I-612 REV Fee Rule NPRM Supporting Statement.docx	Supporting Statement A	Uploaded 2022-12-02	Repair queued
I612-012-INS-TOC-FeeRule-OMBReview-NPRM-07082022.docx	Supplementary Document	Uploaded 2022-12-01	Available
I612-012-INS-TOC-FeeRule-OMBReview-NPRM-07082022.docx	Supplementary Document	Uploaded 2022-12-01	Repair queued
G1055-INS-FeeRule-OMBReview-NPRM-12292022.pdf	Supplementary Document	Uploaded 2023-01-03	Available
G1055-INS-FeeRule-OMBReview-NPRM-12292022.pdf	Supplementary Document	Uploaded 2023-01-03	Repair queued
SORN DHS-USCIS-007 BIS.pdf	Supplementary Document	Uploaded 2019-04-19	Available
SORN DHS-USCIS-007 BIS.pdf	Supplementary Document	Uploaded 2019-04-19	Repair queued
SORN DHS-USCIS-ICE-CBP-001.pdf	Supplementary Document	Uploaded 2019-04-19	Available
SORN DHS-USCIS-ICE-CBP-001.pdf	Supplementary Document	Uploaded 2019-04-19	Repair queued
DHS-USCIS-PIA-016a CLAIMS 3.pdf	Supplementary Document	Uploaded 2019-04-19	Available
DHS-USCIS-PIA-016a CLAIMS 3.pdf	Supplementary Document	Uploaded 2019-04-19	Repair queued
Reference Citation.docx	Supplementary Document	Uploaded 2017-03-22	Available
Reference Citation.docx	Supplementary Document	Uploaded 2017-03-22	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
20297	Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act	Form	Modified	Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act
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: 202211-1615-020
Status: Historical Inactive	Previous ICR Reference No: 202101-1615-024
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: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 01/31/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/26/2023
Terms of Clearance: The agency will submit this ICR package for OIRA review concurrent with publication of the associated final rule in the Federal Register.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2024	36 Months From Approved	09/30/2024
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:
1615-AC68	Proposed rulemaking	88 FR 402	01/04/2023

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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: 1

table that charts list of burden

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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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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This information collection has been revised to reflect changes proposed by the Fee Rule. USCIS has consolidated filing fee information from individual form instructions into the Form G-1055, Fee Schedule. These changes include removing instructional information about: filing fees, biometric services fees, processing information, payment methods, electronic funds transfers, fee waivers, and premium processing. There is a decrease in the annual estimated hour burden to respondents, due to the removal of fee related content in instructions and consolidation and reformatting of fee related language in the Form G-1055, Fee Schedule. There is no change in the estimated annual cost burden due to the 2022-23 Fee NPRM.

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Annual Cost to Federal Government: $7,920,000

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: 01/26/2023

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