N-565-014-rev_sptstmt

SUPPORTING STATEMENT FOR

Application for Replacement Naturalization/Citizenship Document

OMB Control No.: 1615-0091

COLLECTION INSTRUMENT(S): N-565

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.

Section 343(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1454) provides that if any certificate of naturalization or citizenship issued to any citizen or any declaration of intention furnished to any declarant is lost, mutilated, or destroyed, the citizen or declarant may make application to the Secretary of Homeland Security for a new certificate or declaration. Additionally, INA 343(b) provides for the issuance of special certificates of naturalization for the purpose of obtaining recognition as a citizen of the United States by a foreign state, and INA 343(c) provides for the issuance of a new certificate of naturalization in cases where a naturalized citizen has changed his or her name after naturalization. Finally, 8 C.F.R. 338.5 provides for the issuance of a corrected Certificate of Naturalization where the certificate does not conform to the facts shown on the application for naturalization or a clerical error was made in preparing the certificate. The Form N-565 is used to apply for a replacement of a Declaration of Intention, Naturalization Certificate, Certificate of Citizenship or Repatriation Certificate, or to apply for a special certificate of naturalization as a U.S. citizen to be recognized by a foreign country.

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.

U.S. Citizenship and Immigration Services (USCIS) uses Form N-565 to determine the applicant’s eligibility for a replacement document. An applicant may file for a replacement if they were issued one of the documents described above and it was lost, mutilated, or destroyed; if the document is incorrect due to a typographical or clerical error by USCIS; if the applicant’s name was changed by a marriage, divorce, annulment, or court order after the document was issued and the applicant now seeks a document in the new name; or if the applicant is seeking a change of the gender listed on their document. The only document that can be replaced on the basis of a change to the applicant’s date of birth, as evidenced by a court order or a document issued by the U.S. government or the government of a U.S. state, is the Certificate of Citizenship. If the applicant is a naturalized citizen who desires to obtain recognition as a citizen of the United States by a foreign country, he or she may apply for a special certificate for that purpose.

USCIS may request that applicants who reside within the United States attend an appointment at a USCIS Application Support Center to have a photograph taken. USCIS may also require applicants to submit additional biometrics under 8 CFR 103.2(b)(9).

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 N-565 and its instructions are available online at www.uscis.gov/forms as a fillable, printable PDF, which can be completed and saved electronically. The PDF version of Form N-565 must be printed, signed, and submitted to USCIS via mail.

Form N-565 can also be completed, signed, and submitted electronically via https://myaccount.uscis.dhs.gov. A link to this website is available on the USCIS forms page. Respondents who wish to complete and submit Form N-565 electronically must sign in to their USCIS online account before being able to access the electronic version of the form. 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. As a result of feedback from the public we have updated reduced data fields related to marriage and gender and removed required evidence for requesting a secured document be updated for a change to the gender field, making the process easier for the respondents. USCIS has saved .18417 hours (11.05 minutes) per response x 26,340 respondents = 4887.87 total hour savings.

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. 

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.

The information collected is required to allow for a decision to be made for the benefit requested; there is no duplication of another collection.

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 impact 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.

Without the Form N-565, USCIS could not provide applicants with a replacement of a Declaration of Intention, Naturalization Certificate, Certificate of Citizenship or Repatriation Certificate, or provide a special certificate of naturalization as a U.S. citizen to be recognized by a foreign country.

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.

On June 14, 2024, USCIS published a 60-day notice in the Federal Register at 89 FR 50620. USCIS did not receive any comments after publishing that notice.

On August 26, 2024, USCIS published a 30-day notice in the Federal Register at 89 FR 68461. USCIS did receive 3 comments after publishing that notice. Two comment Two commenters expressed an opinion on immigration issues generally. The third comment was praise for USCIS making these changes. USCIS is making no changes to the form or instructions as a result of these comments.

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.

There is no assurance of confidentiality.

The systems of records notice for this information collection are:

• DHS/USCIS-001 Alien File, Index, and National File Tracking System of Records, September 18, 2017, 82 FR 43556;

• 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.

The related privacy impact assessments are:

• DHS/USCIS/PDHS/USCIS/PIA016(a) Computer Linked Application Information Management System (CLAIMS 3) and Associated Systems;

• DHS/USCIS/PIA-056 USCIS ELIS; and

• DHS/USCIS/PIA-071 MyUSCIS Account Experience.

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 Replacement Naturalization/Citizenship Document N-565 – paper filing	15,150	1	15,150	0.967	14,650	$43.45	$636,545
Individuals or Households	Application for Replacement Naturalization/Citizenship Document N-565 – electronic filing	15,150	1	15,150	0.737	11,166	$43.45	$485,143
Individuals or Households	Biometrics Submission**	30,300	1	30,300	1.170	35,451	$43.45	$1,540,346
Total				60,600	.	61,267		$2,662,034

* The above Average Hourly Wage Rate is the May 2022 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.

** N-565 respondents who are physically located in the United States may receive an appointment notice to have their photograph taken at a USCIS Application Support Center. At this time, the appointment does not include full biometrics submission.

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 start-up, maintenance, and operating costs associated with this collection of information. For informational purposes, the filing fee for Form N-565 is $555 (paper) and $505 (online).

This information collection may impose some out-of-pocket costs on respondents in addition to the time burden for the form’s preparation. Costs may include payments for document translation and preparation services, attorney and legal fees, postage, and costs associated with gathering documentation. USCIS estimates that the average cost for these activities is $515 and approximately 25 percent of the total respondent population may incur this cost. The total cost to respondents is calculated as follows: 30,300 respondents x 25 percent of the population =7,575, multiplied by the average cost per response of $515 = $3,901,125. The estimated cost per respondent is $128.75.

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.

USCIS establishes its fees using an activity-based costing model to assign costs to an adjudication based on its relative adjudication burden and use of USCIS resources. Fees are established at an amount that is necessary to recover these assigned costs, plus an amount to recover unassigned overhead (which includes the suggested average hourly rate for clerical, officer, and managerial time with benefits) and immigration benefits provided for free. USCIS uses the fee associated with an information collection as a reasonable measure of the collection’s costs to USCIS, since these fees are based on resource expenditures related to the benefit in question. In addition, this figure includes the estimated overhead cost for printing, stocking, distributing, and processing of this form.

The estimated cost to the government is calculated by multiplying the estimated number of responses for Form N-565 30,300) by the $555 filing fee, which equals $168,165,000.

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

For applicants requesting a document listing a different gender than their current document, USCIS has removed the questions, instructions and evidence requiring a court order, a government-issued document, or a letter from a licensed health care professional recognizing that the applicant’s gender is different from that listed on their current document. Applicant, preparer, and interpreter certification language was also reduced. The full scope of the revision is available in the Tables of Changes and only copy decks submitted with this information collection request.

Data collection Activity/Instrument	Program Change (hours currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (hours currently on OMB Inventory)	Adjustment (New)	Difference
N-565 paper	15,221	14,650	-571
N-565 online	12,169	11,166	-1,003
Biometrics	30,818	35,451	4,633
Total	58,207	61,267	3,060

USCIS is reporting an estimated increase in the annual hour burden to respondents for this collection of information. This increase is due to new agency estimates for the number of respondents, USCIS increased the respondent estimate from 52,800 (March 2024) to 60,600, an increase of 7,800 respondents per year.

The estimated time burden per response for paper filings was decreased for paper filing from 1.147 to 0.967 hours. The estimated time burden per response for electronic filing decreased from .0917 to 0.737 hours.

It is important to note that with this update, if the respondent numbers were not adjusted, the net time burden decrease would have saved approximately 4,777 hours per year (Calculated: 26,340 applicants x -.18 hours = -4777 hours).

The estimated increase in the annual hour burden to respondents for this collection of information is increased due to an increase in respondents. Additionally, if no new content had been added, the time burden decrease would have saved approximately 4,888 hours per year.

However, due to the estimation methodology used to describe burden in this analysis, the time burden savings is otherwise not easily recognized. The offsetting increase in the estimated number of respondents overshadows the time burden savings.

Data collection Activity/ Instrument	Program Change (cost currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (cost currently on OMB Inventory)	Adjustment (New)	Difference
N-565 Paper				$1,708,512.50	$1,950,562.50	$242,050.00
N-565 Online				$1,708,512.50	$1,950,562.50	$242,050.00
Biometrics				$-	$-	$-
Total(s)				$3,417,025.00	$3,901,125.00	$484,100.00

There is an increase in the estimated annual cost burden to respondents for this collection of information due to the adjustment in the estimated respondents.

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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