I-131-034_83c_sptstmt

SUPPORTING STATEMENT FOR

Title APPLICATION FOR TRAVEL DOCUMENT

OMB Control No.: 1615-0013

COLLECTION INSTRUMENT(S): FORM I-131

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Pursuant to sections 103, 208, 212, 223, and 244 of the Immigration and Nationality Act (the “Act”) certain aliens, principally permanent or conditional residents, refugees or asylees, applicants for adjustment of status, noncitizens in Temporary Protected Status (TPS) and noncitizens abroad seeking humanitarian parole, need to apply for a travel document to lawfully enter or reenter the United States. Applicants filing a request for humanitarian parole from outside the United States or whose previous period of humanitarian parole is set to expire and who wish to request re-parole may now file Form I-131 online. The Form I-131 is used for these purposes.

Any individual may be required to submit biometric information if the regulations or form instructions require such information or if requested in accordance with 8 CFR 103.2(b)(9). DHS may collect and store for present or future use, by electronic or other means, the biometric information submitted by an individual. DHS may use this biometric information to conduct background and security checks, adjudicate immigration and naturalization benefits, and perform other functions related to administering and enforcing the immigration and naturalization laws. See 8 CFR 103.16. Individuals between the ages of 14 through 79 applying for refugee travel documents or reentry permits, humanitarian parole or reparole, have to provide biometrics as part of the current requirements for establishing eligibility.

Dual use form - use of Form I-131 to request an Employment Authorization Document (EAD): DHS has created a streamlined process that will allow certain citizens of designated countries and their immediate family members to come to the United States temporarily as parolees for urgent humanitarian reasons or significant public benefit. Regulations at 8 CFR 274A.12(c)(11) provide that an alien paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit pursuant to section 212(d)(5) of the INA may be granted employment authorization. USCIS has revised Form I-131 to allow individuals admitted under the OAW program applying for a new period of parole to apply for an employment authorization document (EAD) by answering a question on Form I-131. Employers are required to verify a person’s identity and authorization to work in the United States, and the employee is required to provide evidence of his or her authorization to work in the United States. See 8 U.S.C. 1324a(a)(1)(B); 8 CFR 274a.2(b)(1). This evidence, the EAD (Form I-766), establishes identity and employment authorization. The new parole requested on Form I-131 must be approved before USCIS will adjudicate the parolee’s request for an EAD.

Authorities: 8 U.S.C. §§ 1103, 1158, 1182, 1203 and 1204

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

Form I-131 has multiple uses. A permanent or conditional resident may use the form to apply for a Reentry Permit for admission to the U.S. during the document’s validity without having to obtain a returning resident visa from an American Consulate. For example, a permanent resident who has remained outside of the United States for up to 2 years may use a Reentry Permit to reenter the United States. Refugees or asylees, or permanent residents who were formerly refugees or asylees, may use the form to apply for a refugee travel document. The bearer presents the document for readmission to the United States after temporary travel abroad. Noncitizens abroad who seek to travel to the United States temporarily for emergent business or personal reasons, may use the form to apply for an advance parole document to be paroled into the United States for urgent humanitarian reasons and/or significant public benefit. These cases will be handled on a case-by-case basis. Certain noncitizens are also required to obtain an Advance Parole Document or TPS Travel Authorization Document if they wish to return to the United States after a temporary departure. The information collected on the form is used to verify the applicant’s status and determine his or her eligibility to obtain a travel document, advance parole document, or reentry permit.

Not all applicants that submit a Form I-131 to request a travel document will have to provide biometrics as only some of these individuals are subject to required identity, background and security checks in connection with an underlying petition such as an Application for Adjustment of Status to Lawful Permanent Resident before they may be issued a travel document. Noncitizens requesting a Refugee Travel Document or Reentry Permit are required to provide biometrics in connection with the application for a travel document. As part of the enhanced procedures for conducting these checks, biometrics collection requirements and guidance are contained in the form instructions for applicants applying for Reentry Permits and Refugee Travel Documents. U.S. Citizenship and Immigration Services (USCIS) conducts background, security and identity checks on applicants for Advance Parole without requiring biometrics collection due to the emergency nature of the requests from applicants for humanitarian and other advance parole circumstances. In addition, individuals seeking a TPS Travel Authorization Document who have TPS and those seeking an Advance Parole Document who have pending adjustment of status applications are required to submit biometrics in conjunction with their TPS and adjustment of status applications. USCIS does retain and use its authority to fingerprint individuals, on an as needed, case-by-case basis, who request an Advance Parole Document, including humanitarian parole.

Applicants filing a request for humanitarian parole from outside the United States or whose previous period of humanitarian parole is set to expire and who wish to request re-parole may now file Form I-131 online.

DHS has created a streamlined process that will allow certain citizens of designated countries and their immediate family members to come to the United States temporarily as parolees for urgent humanitarian reasons or significant public benefit. Individuals admitted under the OAW program applying for a new period of parole may also apply for employment authorization and an employment authorization document using the Form I-131. USCIS requires submission of biometric information from certain EAD applicants, from whom USCIS has not previously collected biometrics in connection with an underlying application or petition, to verify the applicant’s identity, check or update their background information, and produce the EAD.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

Form I-131 is available for filing via paper for all categories of requests and online for certain categories of requests. The burden for setting up a USCIS online account is covered under the USCIS Identity, Credential, and Access Management (ICAM) information collection (OMB control number 1615-0122).

USCIS uses various tools to collect feedback from end users of USCIS information collections. These tools include surveys or focus groups designed to collect general information, as well as public feedback submitted to USCIS either in response to an official solicitation of public comments from Federal Register publications or submitted proactively through USCIS’ robust external outreach activities with stakeholders (see, e.g. www.uscis.dhs.gov/outreach).  USCIS also performed usability testing on USCIS Forms I-765, N-400, and I-485 (the three highest-filing forms) with the goal of studying cross-cutting issues that impact the responding public across the entirety of the USCIS collections of information USCIS.

 

In addition to feedback from external stakeholders, our analysis considers consultation with internal agency stakeholders regarding such activities including, but not limited to, document submission, evidentiary requirements, and like activities. USCIS extensively engages with various program, policy, and intake teams for feedback on the information collections.  USCIS analyzes the results of all these efforts to identify necessary modifications to the collection tools approved for use under the Paperwork Reduction Act. Such modifications could include clarifying edits, potential question removal, and instructional updates, all intended to further support the respondent’s experience in complying with a collection of information. The collection of information proposed in this current submission is the cumulative result of all this analysis and studies conducted. As a result of feedback from the public, USCIS is updating this information collection to account for populations of foreign nationals that will need to request re-parole and the data fields necessary to identify, route, track, and adjudicate travel document requests filed under various programs and processes. These edits are crucial to ensuring that cases are routed into the correct case management system and to the correct USCIS operational directorate at intake. It also provides edits to permit re-parolees to request an Employment Authorization Document along with their re-parole request.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

USCIS programs impose no duplication of efforts because similar information that can be used to determine eligibility for a travel document is not collected through other USCIS collections or programs. USCIS requires some applicants under this control number to provide passport-style photographs while it requires others to appear at a USCIS Application Support Center (ASC) to provide an electronic photograph and fingerprints.

USCIS has also investigated the information that may be obtained from other Federal programs and agencies and has determined that the information necessary to determine if the alien is eligible to request a travel document is not available through other Federal sources.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

This collection of information does not have an impact on small businesses or other small entities.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The collection of this information is required to verify the status of permanent or conditional residents, refugees or asylees, individuals in TPS, applicants for adjustment of status, aliens abroad who apply for either a Reentry Permit, Refugee Travel Document, TPS Travel Authorization Document, or an Advance Parole Document (including humanitarian parole) and determine whether the applicant is eligible for the requested travel document. The lack of such documentation will result in noncitizens who travel abroad not being able to apply for readmission or to be paroled into the United States, without obtaining visas from an American Consulate. Many noncitizens abroad seeking to enter the United States for legitimate humanitarian reasons would not be able to apply for and obtain permission to enter the United States.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the agency more often than quarterly;

• Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• Requiring respondents to submit more than an original and two copies of any document;

• Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

This information collection is conducted in a manner consistent with the guidelines in 5 CFR 1320.5(d)(2).

8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

USCIS is submitting a non-substantive change to a currently approved collection request to OMB. Publication of Federal Register Notices is not required.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

USCIS does not provide any payment for benefit sought.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation or agency policy.

Refugees and asylees are protected by the confidentiality provisions of 8 CFR 208.6; 8 U.S.C. § 1103. Noncitizens in TPS status have the confidentiality protections described in 8 CFR 244.16; 8 U.S.C. § 1254a(c)(6). The confidentiality provisions of 8 U.S.C. § 1367 apply to applicants for T nonimmigrant status, petitioners for U nonimmigrant status, and VAWA self-petitioners. There are no confidentiality assurances for other aliens applying for the benefit.

This collection is covered under the following Privacy Impact Assessment:

• DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System (CLAIMS 3) and Associated Systems,

• DHS/USCIS/PIA-051 Case and Activity Management for International Operations (CAMINO); and,

• DHS/USCIS/PIA-056 USCIS Electronic Immigration System.

The collection is covered under the following System of Records Notices:

• DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System of Records, September 22, 2013, 78 FR 69983;

• DHS/USCIS-007 Benefits Information System, October 19, 2016 81 FR 72069; and,

• DHS/USCIS-018 Immigration Biometric and Background Check (IBBC) System of Records, July 31, 2018, 83 FR 36950.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

		A	B	C (=AxB)	D	E (=CxD)	F	(=ExF)
Type of Respondent	Form Name / Form Number	#. of Respondents	#. of Responses per Respondent	# of Responses	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate*	Total Annual Respondent Cost
Individuals or Households	Application for Travel Document, Form I-131* (paper filed)	976,639	1	976,639	3.1	3,027,581	$43.45	$131,548,390
Individuals or Households	Application for Travel Document, Form I-131* (online filed)	30,205	1	30,205	2	60,410	$43.45	$2,624,815
Individuals or Households	Biometrics**	49,615	1	49,615	1.17	58,050	$43.45	$2,522,253
Individuals or Households	Passport-style Photos ***	16,600	1	16,600	0.5	8,300	$43.45	$360,635
Total				1,073,059		3,154,341		$136,695,458

*This figure reflects USCIS’s most recent estimate for the total number of I-131 respondents

**Only respondents requesting refugee travel documents or reentry permits will have to provide biometrics.

*** Only applicants requesting refugee travel documents or humanitarian advance paroled.

The above Average Hourly Wage Rate is the May 2023 Bureau of Labor Statistics average wage for All Occupations of $29.76 times the wage rate benefit multiplier of 1.46 (to account for benefits provided) equaling $43.45. The selection of “All Occupations” was chosen because respondents to this collection could be expected from any occupation.

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995; (2) to achieve regulatory compliance with requirements not associated with the information collection; (3) for reasons other than to provide information or keep records for the government; or (4) as part of customary and usual business or private practices.

There are no capital, start-up, operational or maintenance costs associated with this collection of information. For informational purposes only, the filing fees for Form I-131 are $630 for advance parole, reentry Permit, and other travel documents, $165 for refugee travel document for asylee and lawful permanent resident who obtained such status as an asylee 16 years or older, and $135 for refugee travel document for asylee and lawful permanent resident who obtained such status as an asylee under the age of 16.

In addition, USCIS estimates that some respondents pay an estimated $10 fee to obtain the required passport-style photographs. The total estimated cost associated with that activity is $166,000 (16,600 respondents x $10).

Many respondents requesting travel documents may incur expenses to obtain, medical, military, education, or religious records. For form preparation, legal services, translators, and document search and generation, USCIS estimates that the average cost for these activities is $490 and that an estimated average of 60% of the total I-131 respondent population may incur this cost. The total annual cost to respondents for these activities would generate as follows: 1,006,844 respondents x 60% of the population = 604,106 respondents multiplied by the average cost per response of $490 = $296,012,136. For a total cost of $296,178,136 ($296,012,136 + $166,000)

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

The estimated cost to the government, which is funded by USCIS user fee collections, is calculated by multiplying the estimated number of respondents (1,006,844 x the fee charge for the collection $575 – total of $578,935,300) and 49,615 respondents x $85 biometric fee – total of $4,217,275). The total cost to the Federal government is $583,152,575.

15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

USCIS is reporting no change to the estimated annual hour burden (Item 13) and cost burden (Item 14) to respondents for this collection of information collection as a result of this action. USCIS is updating the Form I-131 Instructions to remove extraneous text inadvertently left in the during the last revision (ICR# 202404-1615-003). Scope of changes can be viewed in the associated Table of Changes file.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

This information collection will not be published for statistical purposes.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

USCIS will display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submission,” of OMB 83-I.

USCIS does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods.

There is no statistical methodology involved with this collection.

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