60-day Public Comment Response Matrix

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
Comment Comment Sub-Theme
ID
Topic 1. Legal Authority to Collect

Comment Summary

USCIS Response

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Several commenters expressed concern regarding
whether DHS has the legal authority to collect the
proposed high value information. For example, one
commenter wrote that the Immigration and Nationality
Act “does not explicitly authorize the collection of
extensive data on family members who are not
themselves applicants”, and that the proposed form
“exceeds the statutory authority granted to USCIS.”

Response: DHS disagrees with commenters that its
collection of high value information elements is
unconstitutional, that it exceeds the agency’s authority, is
unnecessarily duplicative, arbitrary and capricious, or that
it constitutes an abuse of power. DHS has broad authority
under the Immigration and Nationality Act (INA) and
Homeland Security Act (HSA) of 2002, to administer
immigration laws including collecting information included
in this information collection. See generally, INA secs. 101,
103, 8 U.S.C. 1101, 1103; sec. 402 of the HSA. For example,
INA § 287(b), 8 U.S.C. § 1357(b), and 8 C.F.R. § 287.5(a)(2)
empower officers and agents to “take and consider
evidence concerning the privilege of any person to enter,
reenter, pass through, or reside in the United States.”
Specific to the N-400, INA § 335, 8 U.S.C. 1446, requires “a
personal investigation of the person applying for
naturalization” and authorizes USCIS to take testimony “in
any way affecting the admissibility of any applicant for
naturalization” and to require the production of relevant
documents. Additionally, DHS abides by the Privacy Act
and provides public notice about collection and use of
data under appropriate System of Records Notices
(SORNs), Privacy Impact Assessments (PIAs), and privacy
notices on DHS forms. The System of Records Notice
DHS/USCIS-007 Benefit Information System, 84 FR 54622,
October 10, 2019, lists current, former, and potential
derivatives of requestors (family members) in its Category
of Individuals Covered by the System.

Further concern was raised that the proposed generic
clearance for collection of certain information regarding
non-applicant family members would be “arbitrary and
capricious” under the Administrative Procedure Act
(APA), and that the proposed collection of sensitive
information about individuals who have not consented to
such disclosure and are not themselves seeking
immigration benefits, would raise “significant Privacy Act
issues.”
Commenters also raised concern over constitutionality,
particularly Fourth Amendment implications, as the
“sweeping nature” may constitute an “unreasonable
search and seizure of information.” Another commenter
wrote that the proposals represent expansions by
“agency fiat” and that “USCIS is attempting to impose an
intrusive and unauthorized investigatory process that
exceed far beyond what the law allows.”

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
Another commenter wrote that the proposed generic
clearance for collection of certain information on
immigration forms represents “a significant overreach by
the government to use immigration benefits applications
to facilitate enforcement measures.”

This collection is also consistent with Supreme Court
rulings related to Fourth Amendment protections to the
extent such protections are applicable in this context. It is
not a violation of the Fourth Amendment to ask questions
of an individual who is not detained and may choose
whether or not to answer them. See, e.g., Florida v. Royer,
460 U.S. 491, 497 (1983) (citing cases). Individuals who
choose to seek admission to the United States or apply for
immigration benefits do so on a voluntary basis, and as
such, the inclusion of particular questions on USCIS forms
does not pose a Fourth Amendment concern.
DHS also has practical utility for the collection of this
information. This information collection is necessary to
ensure compliance with Executive Order (E.O.) 14161,
which directs the Secretary of State, in coordination with
the Attorney General, the Secretary of Homeland Security,
and the Director of National Intelligence to “identify all
resources that may be used to ensure that all aliens
seeking admission to the United States, or who are already
in the United States, are vetted and screened to the
maximum degree possible”. This collection will be used to
conduct thorough security checks and verify applicants’
identities and eligibility for the immigration benefits they
are applying for.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
Topic 2. Compliance with the PRA
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Practical Utility

Many commenters detailed that the newly requested
data elements are not necessary, go beyond what is
needed to adjudicate these applications, and therefore,
do not have practical utility. Commenters expressed a
desire to know how the collection of this extensive
sensitive information from the applicant and their family
members will enable the agency to achieve its goal of
better screening applicants for immigration benefits.
Many commenters highlighted concerns around
collection of telephone and email history and are seeking
clarity on how it is relevant to eligibility and its relevancy
to naturalization. One commenter stated that the
proposed collection has no practical utility with respect
to using the requested data to help validate an
applicant’s identity in order to determine whether such a
grant of a benefit would pose a national security or
public-safety risk to the United States, in accordance with
the EO. The commenter further detailed that DHS
regulations already permit agencies to collect and store
biometric information from immigration benefit
applicants and that these biometrics already verify a
person’s identity, produce secure documents, and
facilitate required criminal and national security
background checks to protect national security and public
safety as well as ensure that the person is eligible for the
benefit sought. Therefore, the commenter claimed that
DHS is already authorized to use a biometrics system to
accomplish the purported goals of this proposed
collection and the EO.

Response: 5 CFR 1320.9 states, “As part of an agency’s
submission to OMB of a proposed collection of
information, the agency,” in this case, USCIS, “… shall
certify… that the proposed collection of information” “(a)
[i]s necessary for the proper performance of the function
of the agency, including that the information to be
collected will have practical utility.” This collection will
have immediate practical utility to verify the applicant’s
identity and eligibility.
DHS has practical utility to collect the information covered
by the generic clearance in compliance with 5 CFR
§1320.9(a). The biographical information which will be
collected—including the names; addresses; birthdates;
nationalities; phone numbers; email addresses; and
employment history of the alien’s living and deceased
parents, siblings, spouses, former spouses, and children—
is relevant to determining eligibility for Forms N-400, I131, I-485, I-751, I-590, I-829, I-730, I-192 and I-589
because it will allow USCIS’ national security and law
enforcement partners to better vet applicants for
potential information of interest that could affect
eligibility and/or admissibility.
The information collection contains critical data elements
for identity verification and screening. USCIS has a layered
approach to security, and information collected would be
only one piece of a large mixture of information used in
the analysis of the applicant’s eligibility. Although the

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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In addition, concerns were expressed on why all forms
include all proposed data elements uniformly, since the
forms are used for widely different benefit types and
have different requirements.
Many commenters expressed concerns questioning why
information on family members (parents, spouse(s),
siblings, and children) is being collected and the necessity
of collecting this information. Commenters also
questioned whether this information is relevant to
whether the applicant is eligible for the benefit sought.
One commenter stated that this proposal appears to be
an unnecessary wide search for information that should
focus on the applicant and not the applicant’s family
members, unless they are also simultaneously requesting
immigration benefits. Another commenter expressed that
existing security and background check procedures
effectively screen applicants without requiring extensive
information about non-applicant family members and
that additional information about family members can be
requested on a case-by-case basis when relevant to
eligibility, rather than being comprehensively required.
Other concerns expressed about the collection of family
members’ information included the use of this
information to confirm or disprove an association
between the applicant and information of interest.
Specifically, commenters were concerned that
immigration benefits may be denied if an applicant does
not know the various family members’ information being

potential exists for an applicant to provide false or
inaccurate information, the response (or lack thereof) the
applicant provides in the context of the larger picture will
guide the line of inquiry pursued by the officer. The
potential for inaccurate/false information does not render
the collection of this information unnecessary. In addition,
USCIS has established authorities to address fraud and
misrepresentation on immigration benefit requests. USCIS
makes case-by-case determinations based on the totality
of the circumstances consistent with its authorities.
DHS provides public notice about collection and use of
data under appropriate System of Records Notices
(SORNs), Privacy Impact Assessments (PIAs), and privacy
notices on DHS forms. The Privacy Act System of Records
Notice DHS/USCIS-007 Benefit Information System, 84 FR
54622, October 10, 2019, lists current, former, and
potential derivatives of requestors (family members who
may benefit from the request) in its Category of
Individuals Covered by the System. The collection of data
elements relating to the applicant’s living and deceased
family members will help DHS verify that the applicant
does not have any associations with terrorist organizations
or other groups that may pose a national security and/or
public safety threat.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
requested in the proposed data elements. Commenters
also stated that DHS failed to consider the reality that
applicants may be estranged from their parents, siblings,
and children. Thus, applicants may not be able to collect
and provide the information requested about their family
members, which leaves applicants in a difficult position to
determine if they should guess or simply not provide the
information.
The collection of U.S. Point of Contact data elements was
raised by many commenters questioning the practical
utility of collecting this information. For example, the
Form I-485 instructions state “If you are outside the
United States” but the applicant must be in the United
States when submitting the application. The commenter
stated there is no practical reason for a form that
requires the applicant to be in the U.S. to collect a point
of contact in the U.S., when the applicant is already in the
U.S. and can be their own point of contact. Some
commenters also expressed concerns that the addition of
a question requiring a “U.S. Point of Contact Name and
Phone Number if the Applicant is Located Outside of the
United States,” violates the prohibition on “unnecessarily
duplicative” information in 5 CFR §1320.9(b). Also, a
commenter stated that this question for “U.S. Point of
Contact” violate 5 CFR 1320.9(a) because there is no
practical utility in requiring a “U.S. Point of Contact” on
many of the forms where a U.S. contact for the applicant
is not a requirement for eligibility.

The collection of Point of Contact information will be used
by USCIS as a secondary data element to help confirm a
subject's identity as it relates to the submitted application
and to other records, and/or to, internally and with
screening partners, help confirm or disprove an
association between an applicant and information of
interest, and the strength of that association in the
context of the underlying information.
USCIS revised the Point of Contact data element by
removing the requirement that the individual identified as
a Point of Contact be located in the U.S. This update was
made on each impacted information collection, with the
exception of Form I-590; see Topic 9. Form Specific
Comments, Form I-590, Registration for Classification as
Refugee for further explanation for this exception. The
revised data element allows the applicant to list any Point
of Contact, anywhere in the world, who can confirm the
applicant’s identity, if necessary. This resolves
commenters’ concerns that certain applicants may not
have a U.S. point of contact. The intent of this data
element is to collect a primary point of contact, an

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
individual who knows the applicant and can verify, if
necessary, the applicant’s identity.

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Duplication

One commenter expressed that the collection of Known
Traveler Number (KTN) should be added to the forms to
streamline background checks, stating that this would be
more efficient since a background check would have
already been completed as part of the application for
Transportation Security Administration (TSA) pre-check
through DHS.
Many commenters expressed concerns that the proposed
data elements will cause unnecessary duplication of
information that is already collected through other
means, such as on other current immigration forms that
collect biographic information and essential immediate
family member information necessary for adjudication.
It was stated that the data elements 1-7 and 15-16 are in
violation of 5 CFR 1320.9(b) because these data elements
are already collected on the identified forms, and
“reasonably accessible to USCIS.” Adding these elements
would be “unnecessarily duplicative” of “information
otherwise reasonably accessible to the agencies.” A
commenter also argued that the proposed changes would
represent a violation of 5 CFR 1320.9(c) as it would
increase, “the amount of time that benefit requestors
must spend on the identified forms.”

USCIS will not be including KTN as a recommended data
element. Requesting a KTN is not included in USCIS’
proposed changes as the other information listed is
sufficient to meet DHS’s stated goals.

Response: USCIS is complying with the PRA and the PRA
implementing regulations and will not implement this
generic information collection in a way that is duplicative.
To the extent that any of the information collection
instruments already include some of the information
contained in the generic clearance, USCIS will combine
those elements to ensure that it is not duplicating the
collection.
U.S. Government departments and agencies involved in
screening and vetting, to include USCIS, identified data
elements that would constitute a new baseline threshold
of data to be collected for identity verification and
national security vetting. The collection of this information
is necessary to comply with Section 2 of EO 14161 which
requires the re-establishment of a “uniform baseline for
screening and vetting standards and procedures,
consistent with the uniform baseline that existed on
January 19, 2021, that will be used for any alien seeking a
visa or immigration benefit of any kind” to ensure these
foreign nationals do not represent a threat to the safety

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
and security of the United States. Specifically, it directs
relevant agencies to, “vet and screen to the maximum
degree possible all aliens who intend to be admitted,
enter, or are already inside the United States, particularly
those aliens coming from regions or nations with
identified security risks.” These nine forms cover a
majority of the aforementioned pool of aliens seeking to
travel to the United States and other applicants seeking
immigration benefits.
Additionally, given the nature of USCIS’s mission, it is
important for USCIS to ask for and review this information.
All information provided by the applicant may be used to
verify his or her identity, eligibility, and to vet the
applicant. In addition to checking government
information, DHS officers may use sources of publicly
available information, as part of the existing vetting
process to screen the information submitted.
If an initial screening indicates possible information of
concern or a need to further validate information, a
trained officer will have timely visibility of the information
provided by the applicant, along with other information
and tools these officers regularly use in the performance
of their duties. The officer will review in a manner
consistent with policy and regulations.
USCIS has a layered approach to security, and information
collected would be only one piece of a large mixture of
information used in the analysis of the applicant’s
eligibility. Although the potential exists for an applicant to

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
provide false or inaccurate information on the form, the
response (or lack thereof) the applicant provides in the
context of the larger picture will guide the line of inquiry
pursued by the officer. The potential for inaccurate/false
information does not render the collection of this
information unnecessary. USCIS makes case-by-case
determinations based on the totality of the circumstances
consistent with its authorities.

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Underestimation of
Burden

Many commenters expressed that DHS has
underestimated the burden to applicants for providing
multiple years’ worth of information and that
unnecessary burden is imposed with the expansive
collection of information. Many commenters expressed
that the estimated burden was underestimated and
misrepresented the increase in burden that will result
from the new collection. In addition, it was expressed
that the current burden estimate increase of 0.73 to 1.27
hours per form should be increased closer to 5 hours per
form because the burden does not simply entail writing
down information to the proposed questions but includes
researching and obtaining information necessary to
respond. There were concerns expressed that the

The information collected will help USCIS’ mission to
administer the nation’s lawful immigration system. It may
also be used to identify potential deception or fraud.
Further, it may help detect potential threats. This new
data collection may also help distinguish individuals of
additional concern from those individuals whose
information substantiates their eligibility for travel to or
entry into the United States or immigration benefits.
Response: USCIS has increased the estimated hour burden
per response by adding an additional 3 hours for each
impacted information collection to more accurately reflect
the burden imposed on the public. With the new data
elements, the hour burden per response to complete
these information collections will have an overall increase
by an average of 3.8 hours on each application. USCIS has
closely reviewed the estimated average hour burden per
response and the addition of the 24 data elements and
instructional content to allow the applicant to provide the
requested information, as necessary, and is confident that
this increase in burden addresses the commenters’
concerns to more accurately reflect the burden estimate.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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complexity and difficulty of gathering extensive
information will be prohibitively more time-consuming
and costly. Commenters also stated that the burden did
not account for practical challenges faced by individuals
who may lack access to comprehensive records, with
there being a disproportionate impact on vulnerable
populations due to lack of access to necessary
documentation or challenges in providing historical
information. One commenter expressed that expanding
these forms would make them impractically longer,
further complicating and extending a complex and
overwhelming process. Multiple commenters expressed
concerns with collecting five years of information for
phone numbers and ten years of information for
applicants’ email address(es) which imposes an
unnecessary and significant burden on applicants and
applicants may not have access to or recollection of the
comprehensive historical information personally and for
family members. It was highlighted in several comments
that the proposed collection will also greatly increase the
length of each form, and the overall hourly burden will
increase exponentially.
One commenter expressed that the estimated burden
increase was misrepresented by proposing a
simultaneous, separate information collection for the
same nine forms under another Federal Register
announcement so that the estimated burden increase
does not calculate the aggregate impact of both
proposed new collections. In addition to
mischaracterizing the estimated burden increase, the

The Generic Clearance for the new collection of certain
information on immigration forms identifies the 24 data
elements that constitute a new baseline threshold of data
to be collected for identity verification and national
security vetting. The Generic Clearance includes the
information collections that will be affected upon approval
of the Generic Clearance and USCIS will then update the
affected information collection instruments and systems

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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commenter expressed the supporting statement seeks to
downplay the burden increase by describing only the
added time to each form without comparing it to the
current time needed to complete each form.

to collect the additional data elements where the
information is not already collected. The Generic
Clearance is being used to propose the identified 24 data
elements for a singular OMB approval which would then
be applied to the affected information collections. The
estimated burden included on the Generic Clearance
reflects only the burden associated with the 24 data
elements being applied to the affected information
collections, where the information is not already collected.
By identifying only the associated burden for the identified
24 data elements for each affected information collection
in the Generic Clearance, we can more clearly isolate the
precise burden impact the data elements institute.
The total burden impact for each affected information
collection will be outlined in each Supporting Statement.
Additionally, the overall average burden per response for
each affected information collection can be found in the
information collection instrument with instructions
included on the Federal eRulemaking Portal site at:
https://www.regulations.gov and entering USCIS-20250002.

A commenter expressed that the proposed information
collection misrepresents the monetary cost burden to the
public with the Federal Register Notice notating that the
estimated total annual cost burden associated with this
collection information is $0. The commenter further
elaborated that “in assessing that there will be a total of
$0 increase in cost on the public of adding these
numerous new information collections to 3.5 million

The estimated total annual cost burden associated with a
specific information collection will be captured in those
approved collections. Any updates to the estimated annual
cost burden to respondents, which includes the imposed
out-of-pocket costs to respondents, will be outlined in
each Supporting Statement for the affected information
collection. Out-of-pocket costs may include payments for
document translation and preparation services, attorney

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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forms per year, the supporting statement disingenuously
infers that the only ‘cost’ to the public is the amount of
time that applicants will now have to spend on each
form, discounting the fact that adding millions of hours to
the time needed to adjudicate benefits will increase costs
to the agency once USCIS has to find a way to pay for the
added expense of completing each adjudication.”
Another commenter expressed that gathering up to ten
years of contact and email history for oneself and one's
relatives is time-consuming and, in many cases, requires
the assistance of legal counsel. For many applicants,
especially those with limited means, these requirements
impose a real and significant financial burden.

and legal fees, postage, and costs associated with
gathering documentation. In addition, any updates to the
estimated cost to the Federal government will be outlined
in each Supporting Statement for the affected information
collection. In regard to the comments on increased time to
adjudicate benefits and increased agency costs, you can
find a response below in Topic 4. Impacts on Immigration
Benefit Processing/Travel, Delay Benefit Processing.

One commenter stated that many applicants will not
have the contact information for children that are over
age 18 and are missing, estranged, or no longer in contact
for various personal reasons. There were other concerns
expressed on the burden associated with collecting this
information from family members that may be deceased
or if they are estranged from family members due to
abuse and concerns around the applicant having to
gather this information from the family member causing
personal safety issues.

USCIS included the ability for applicants to identify if a
child is deceased or if their current whereabouts are
unknown when providing a Child’s Current Address. When
providing a Child’s Telephone Number used in the past five
years, instructional language was included to provide this
information “if known” to be inclusive of situations where
the applicant cannot access or recall the information.
While some commenters expressed concerns that
applications may be denied if applicants are unaware of
details concerning their family members, specifically
estranged or long-deceased family members, USCIS does
not deny an application based solely on the applicant’s
failure to provide information that the applicant does not
know. Applicants may be asked to provide an explanation
regarding their lack of knowledge if they are unable to
answer particular questions on the form.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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Appropriateness of
generic clearance

Many commenters expressed that generic clearance is
inappropriate for this proposed collection of information
as the collection of information is not low burden, not
voluntary, and not uncontroversial. Several commenters
stated the data collection asks for information beyond
the scope of a generic clearance request.
Many commenters stated that the proposed collection of
information is not low burden as the data collection adds
24 new “data elements” to nine immigration forms used
to pursue lawful immigration status. Many commenters
expressed concern about the increase in length of the
forms. Commenters further disagreed with DHS’s
estimate for how long it will take an applicant to
complete each form, stating that the estimated time to
complete each form will double for most applications.
Many stated that that the estimated time burden only
accounted for the amount of time it takes to fill out the
forms and did not take into account the amount of time
needed to research and gather information to accurately
answer the new 24 data elements. Many commenters
also expressed concern that the new data elements will
increase the processing times of the nine high value
forms, including an increase in requests for evidence, and
potentially erroneous denials.

Response: The process used by DHS to obtain this generic
clearance is similar to, but no less demanding than, the
process to obtain approval of any new or revised
information collection as it still requires the standard 60
and 30-day notice process. In addition, a generic
information collection clearance requires the same level of
justification, support, analysis, and level of approval as any
other information collection approved by the Office of
Management and Budget under the Paperwork Reduction
Act and implementing regulations. 1 The generic clearance
is being used to propose the identified 24 new data
elements for the affected information collections, which
allows for the public to review the new individual data
elements that will appear on the affected information
collections. This method provides a single docket for the
public to provide comments on the proposed 24 data
elements and affected information collections, which
reduces the burden on the public, rather than the public
having to identify and comment on a separate notice and
docket for nine separate information collections. The use
of a generic clearance also reduces burden and cost to the
Federal government to publish separate Federal register
notices. USCIS agrees that a generic clearance is usually
used for information collections that are voluntary, lowburden, and non-controversial. 2 As per requirements
under 44 U.S.C. 3501 et.seq. and 5 CFR 1320, USCIS
believes that a generic clearance is appropriate to use for

44 U.S.C. chapter 35; 5 CFR Part 1320.
8 CFR 1320.3(c)(1); Sunstein, Cass R., Memorandum for the Heads of Executive Departments and Agencies, and Independent Regulatory Agencies: Paperwork Reduction Act –
Generic Clearances (May 28, 2010).

1
2

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
this process in order to make the proposed necessary
changes to ensure a thorough screening and vetting
process.
Some commenters indicated that DHS should publish a
separate Federal Register notice for each form and make
the proposed changes available to the public to review.

Topic 3. Compliance with the Privacy Act/Records Act/Information Security/Data Integrity
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Many commenters expressed concern regarding
compliance with the Privacy Act, as well as information
security and data integrity. For instance, one comment
suggested that rather than “expanding data collection,
efforts should focus on ensuring that existing processes
are well organized, fair, and protective of fundamental
rights.” Another commenter expressed concern that
there “are no clear safeguards to prevent misuse or data
leaks” and that this information collection “normalizes
invasive data collection and further erodes individual
rights.”
Several commenters expressed concern that some of the
data was about individuals who may not be able to
consent to the disclosure. For instance, one commenter
wrote that “requiring applicants to disclose phone
numbers, emails, and the whereabouts of family

USCIS is publishing a 30-day Federal Register Notice for
the Generic Clearance for the new collection of certain
information on immigration forms. The 60-day notice
included, and the 30-day notice will include each affected
information collection instrument with instructions which
include the proposed changes on the Federal eRulemaking
Portal site at: https://www.regulations.gov and entering
USCIS-2025-0002.
Response: DHS disagrees that this information collection is
an invasion of privacy. USCIS complies with the Privacy
Act and DHS policy regarding collection and protection of
information as required. DHS understands that
information provided on its forms may be about U.S.
citizens and lawful permanent residents who are covered
by the Privacy Act. Any personal information gathered by
DHS will only be used released in accordance with law and
policy.
The new information collected will be used and treated in
the same manner as the information that is already
collected on the subject forms. DHS’s proposal is
respectful of individual privacy and strictly adheres to
Federal privacy laws and guidance and Departmental
privacy policies and procedures. DHS provides public
notice about collection and use of data under appropriate

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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members compels the sharing of personal information
from individuals who have not consented.” Another
wrote that “mandating applicants to disclose contact
details and locations of family members compels the
release of sensitive personal information without their
consent.”
With respect to the Privacy Act, one commenter declared
that the proposed collection raises issues because the
proposed generic clearance involves “gathering sensitive
information about individuals who have not consented to
such disclosure and who are not themselves seeking
immigration benefits.” Another indicated that the
requirement to collect 24 data elements would represent
“an unprecedented invasion of privacy” and that
spanning the collection of data back 10 years would be
“particularly egregious”. Another stated that there will be
a greater risk of violations of data integrity “because the
information will easily be ‘spilled’ through FOIA releases,
absent an extensive and onerous redaction process by
FOIA processors.”
Privacy Act:
Several commenters asserted that the proposed generic
clearance is not in compliance with the Privacy Act of
1974 as amended. Specifically, commenters stated that
the proposed generic clearance for data collection
requires that USCIS gather sensitive information about
people who have not consented to the disclosure of that
information and who are not seeking immigration

System of Records Notices (SORNs) published online and
in the Federal Register, Privacy Impact Assessments (PIAs)
posted on the DHS website, and privacy notices on DHS
forms. DHS has evaluated potential privacy risks and
determined that multiple published System of Record
Notices (SORNs) in the Federal Register and associated
Privacy Impact Assessments (PIAs) cover and apply to
information gathered in this collection.
Submission of information to DHS for an immigration
benefit is a voluntary action and information provided on
the form is provided by the individual completing the
form. Third party information, such as that of family
members and associates, is provided by the individual
applicant for lawful purposes and is often needed to
determine identity and eligibility for a request. For
example, individuals who present a threat to national
security or public safety are not eligible to travel to the
United States under certain travel programs and may be
inadmissible to the United States. U.S. immigration laws
preclude DHS from granting immigration and
naturalization benefits to individuals with certain
disqualifying characteristics including association with
terrorist organizations. See, e.g., INA § 208(b)(2)(A), 8
U.S.C. § 1158(b)(2)(A) (mandatory bars to asylum); INA §
214, 8 U.S.C. § 1184 (admission of nonimmigrants); INA §
212(a), 8 U.S.C. § 1182(a) (inadmissible aliens); INA § 215,
8 U.S.C. § 1185 (travel control of citizens and aliens); INA §
217, 8 U.S.C. § 1187 (Visa Waiver Program eligibility
determination); INA§ 245(a)(2), 8 U.S.C. § 1255(a)(2)
(admissibility requirements for adjustment of status

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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benefits themselves. Some commenters noted that U.S.
Citizens and Lawful Permanent Residents, who are the
persons covered by the Privacy Act (see 5 USC section
552(a)(2)), would have their personal information
provided to USCIS without their consent.

applicants and agency discretion); and INA § 316(a)(3), 8
U.S.C. § 1427(a)(3) (good moral character requirement for
naturalization). A uniform baseline of data fields, and
screening and vetting standards will assist DHS in making
sure that these requirements are met.

Multiple commenters also noted that only applicants
provide authorization for the release of their personal
information on USCIS forms: family members who are not
petitioners or beneficiaries do not sign
Petitioner/Applicant Certifications. One commenter
further asserted that DHS’s Fair Information Practice
Principles (FIPPs) would be violated by this data
collection, the relevant FIPP here being “individual
participation”, as non-applicant family members do not
authorize disclosure of their personally identifiable
information (PII) to USCIS.

Federal laws, including the Immigration and Nationality
Act (INA) and Homeland Security Act of 2002, provide
authority for this information collection. For example, INA
§ 287(b), 8 U.S.C. § 1357(b), and 8 C.F.R. § 287.5(a)(2)
empower officers and agents to “take and consider
evidence concerning the privilege of any person to enter,
reenter, pass through, or reside in the United States.”
Specific to the N-400, INA § 335, 8 U.S.C. 1446, requires “a
personal investigation of the person applying of
naturalization” and authorizes USCIS to take testimony “in
any way affecting the admissibility of any applicant for
naturalization” and to require the production of relevant
documents.

On the same topic, another commenter stated that the
Privacy Act, “requires that the agency ‘inform each
individual whom it asks to supply information… (C) the
routine uses which may be made of the information, as
pursuant to paragraph (4)(D) of this subsection; and (D)
the effects on him, if any, of not providing all or any part
of the requested information.’ 5 U.S. [section]
552a(e)(3).” The commenter states that this information
is not provided to all of the individuals about whom
information is collected, only the applicants, the
individuals “whom [USCIS] asks to supply information”.
Several commenters also stated that the data collection
was not narrowly tailored and justified by a compelling

DHS takes the protection and security of all Personally
Identifiable Information (PII), including about third parties,
very seriously and strictly adheres to Federal privacy laws
and guidance and Departmental policies and procedures
for protecting PII, including adhering to federal
information technology data protection standards. USCIS
takes precautions to maintain the security, confidentiality,
and integrity of the information collected. Safeguards
include controls that limit access of the information to
only authorized users. These safeguards employ advanced
security technologies to protect the information stored on

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
government interest. Multiple commenters stated that
the Privacy Act requires federal agencies to collect only
information that is legally authorized and necessary and
claimed that the proposed information collection is
neither legally authorized nor necessary. Some
commenters cited the Immigration and Nationality Act’s
lack of specific authorization for this data collection and
the lack of argument and observational security data
demonstrating that the biographical data collection
proposed was necessary. Others simply stated that USCIS
provided no justification for the proposed information
collection, and, therefore, had not shown its necessity.
One commentator more narrowly claimed that the
proposed information collection of elements 15 through
22 was neither legally authorized nor necessary.
One sentiment discussed in multiple comments asserted
that other FIPPs would be violated by this general
clearance. These commenters state that USCIS justifies
the general clearance by appealing to the need for
increased vetting, but has not explained why increased
vetting is necessary, allegedly violating the FIPPs of
“transparency” and “purpose specification”. These
commenters further state that data collection is not
minimized by this clearance, violating the “data
minimization” FIPP; that the description of how the
additional information collected will be used is
inadequate, violating the “use limitation” FIPP; and that
family members may, in many cases, not review and do
not sign testifying to the accuracy of data applicants
provide about them, violating the “data quality and

our systems from unauthorized access. To ensure
compliance with these policies, USCIS personnel complete
training on the use of information systems and sign the
Rules of Behavior before any computer use and annually
thereafter.
The data collected by USCIS will be safeguarded and
stored in accordance with the following privacy SORNs and
PIAs, respectively:
SORNs:
• DHS/USCIS/ICE/CBP-001 Alien File, Index, and
National File Tracking System of Records, see 82
FR 43556 (September 18, 2017); DHS/USCIS-006
Fraud Detection and National Security Records,
See 77 FR 47411 (August 8, 2012); DHS/USCIS-007
Benefits Information System, see 84 FR 54622
(October 10, 2019); DHS/USCIS-010 Asylum
Information and Pre-Screening System of Records,
See 80 FR 74781 (November 30, 2015);
DHS/USCIS-017 Refugee Case Processing and
Security Screening Information System of Records,
See 81 FR 72075 (October 19, 2016); and
DHS/USCIS-018 Immigration Biometric and
Background Check, See 83 FR 36950 (July 31,
2018).
PIAs:
• DHS/USCIS/PIA-003(b) Integrated Digitization
Document Management Program (IDDMP);
DHS/USCIS/PIA-013-01 Fraud Detection and
National Security Directorate; DHS/USCIS/PIA-

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
integrity” FIPP. They further indicate that USCIS risks
violating the “security” FIPP by having more information
that must be redacted to respond to FOIA requests which
will increase the risk of error and accidental release of PII.
They also state that USCIS has not proposed any
accountability or auditing measures to ensure data
security, which may lead to violations of the
“accountability and auditing” FIPP.
Another commenter wrote that DHS has not yet
“conducted a Privacy Impact Assessment on the risks of
collecting, using, and storing the [PIII] of applicants’
family members who are not applying for an immigration
benefit”, to include U.S. Citizens and Lawful Permanent
Residents and that U.S. Citizens and Lawful Permanent
Residents are the subjects of Privacy Impact Assessments,
as outlined in Section 208 of the E-Government Act of
2002 and in OMB’s subsequent implementation
guidance.
Data Security:
With regard to data security, many commenters asserted
that increasing the amount of data USCIS collects
increases the risk of identity theft and other forms of
fraud should PII be breached or leaked. One commenter
stated that the collection of biographic data for nonapplicants outlined in elements 15 through 22 would
“greatly increase the risk of future Privacy Act violations
by USCIS because the information will be easily ‘spilled’

016(a) Computer Linked Application Information
Management System (CLAIMS 3) and Associated
Systems; DHS/USCIS/PIA-027 USCIS Asylum
Division; DHS/USCIS/PIA-051 Case and Activity
Management for International Operations
(CAMINO); DHS/USCIS/PIA-056 USCIS Electronic
Immigration System (USCIS ELIS); DHS/USCIS/PIA064 myUSCIS; DHS/USCIS/PIA-068 Refugee Case
Processing and Security Vetting; DHS/USCIS/PIA079 Content Management Services (CMS); and
DHS/USCIS/PIA-071 myUSCIS Account Experience,
which covers the electronic submission of forms to
USCIS.
All documents are available at:
https://www.dhs.gov/system-records-notices-sorns and
https://www.dhs.gov/uscis-pias-and-sorns.
DHS staff also follow applicable law and policy when
redacting or releasing information in response to FOIA
requests.
USCIS officers are aware that there may be data integrity
issues with any information collected on its forms,
including some may inadvertently be inaccurate, out of
date, or otherwise compromised. USCIS verifies
information provided by various means and considers the
totality of evidence before making a final determination
on a case. In many instances, applicants are provided
notice and opportunity to explain any information that
may be inconsistent or deficient.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
through FOIA releases, absent an extensive an[d] onerous
redaction process by FOIA processors.”
Many commenters expressed concern that the additional
data collected by USCIS would be used for discretionary
denials of immigration benefits based on the activities of
family members with whom applicants no longer have a
substantial connection. Many commenters expressed
concern that law enforcement would use the additional
data USCIS proposes to collect about the applicant’s
family members who are not applying for an immigration
benefit.
In general, commenters were concerned that the Federal
Register Notice did not contain enough information on
how the data would be safeguarded from data breaches.
One commenter wrote: “The government is currently
experiencing an unprecedented level of leaks, with
unauthorized groups accessing the private and
confidential information kept by various government
agencies, including information of U.S. citizens. The
proposed generic clearance provides no safeguards to
prevent misuse or data leaks.” Multiple commenters
stated that the U.S. Government and other institutions
have lately had a poor track record of keeping PII safe.
One commenter wrote that the U.S. Government
released many Social Security Numbers unintentionally
when declassifying internal investigations about the
assassination of former President John F. Kennedy.
Another cited a study indicating that close to 700 million

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
American records were leaked in 2024 and that between
2023 and 2024 global data breaches increased eightfold.
A few commenters expressed concerns that the U.S.
Government would use the new information USCIS
proposes to systematically persecute individuals based on
their nationality, religion, or political opinion. Some
commenters were similarly concerned that the U.S.
Government would release some PII to the public in the
hopes that others would threaten, intimidate, or harm
the relevant individuals (i.e., engage in “doxxing”).
Data Integrity:
Multiple commenters were concerned that because
telephone numbers and email addresses are public, these
may be attached to subscriptions that do not actually
represent the activities or interests of the individual
involved, in particular by anti-immigration activists who
wish to sabotage the applications of individuals applying
for immigration benefits.
One commenter noted that email addresses from major
providers like Yahoo and Microsoft are recycled because
their email accounts are deactivated after less than ten
years of inactivity (the proposed length of email address
history to be collected), and that email addresses may no
longer be used by the individual. The commenter was
particularly concerned that the dates the email addresses
were active are not included in the proposed data
collection.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
Many commenters were concerned that the additional
burden on applicants and the administrative system will
compound the likelihood of errors both by applicants and
by USCIS. Some were concerned that USCIS may deny a
benefit for gaps in the personal information that the
applicant was unable to obtain. Commenters were also
concerned about how refugees and asylees, in particular,
might be able to collect information when they have
become separated from family members or fled under
circumstances that do not allow further contact with
their family members. Commenters were also concerned
about applicants who will be unable to collect
information from family members who had died or from
whom they had become estranged because of past
abuse.
Topic 4. Impacts on Immigration Benefit Processing/Travel
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Delay Benefit Processing

Several commenters wrote expressing concerns over
possible delays in benefit processing times. One
commenter, for example, wrote that the proposed
changes would, “not only place an undue burden on both
the applicants and the administrative system but also risk
making some of these forms impractically longer.”
Another wrote that as the forms become longer, “the
process of reviewing and processing such applications
becomes more complex, burdensome.” Another
expressed concern that the collection of additional
information would be “the opposite of efficiency.”
Another raised concerns regarding the “additional burden
on government which would add to the backlog in
processing” of immigration forms.

Response: USCIS believes adding questions will not
increase the agency’s processing time in many situations.
While the collection of these new data elements will add
some work for USCIS, the new data elements will help
USCIS validate information is correctly associated with the
applicant in relevant systems and will provide trained DHS
adjudication personnel with more timely access to
relevant information, all of which may reduce unnecessary
delays and costs by allowing timelier confirmation of an
applicant’s identity and/or benefit eligibility. Through
efficient collaboration and information sharing, over time,
the government’s burden may decrease.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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Some commenters indicated that it would have a
negative impact on government efficiency, with one
suggesting that the “immigration screening process is
already quite burdensome as it is” and that this would
not be helped by adding “2,000,000 hours of federal
bureaucracy” to the process, while another expressed
concern that adding “needless bureaucracy” would
amount to the “opposite of government efficiency.”
Others expressed concern regarding the potential for
additional strain on the USCIS budget and additional work
hours. One expressed concern regarding “the response
time from the USCIS would be longer” while “the
additional cost to the USCIS budget could end up being
huge.”

DHS has considered the costs of greater use of requested
information from applicants for certain immigration
benefits in the case adjudication process and recognizes it
may take more time for officers to adjudicate each case.
DHS may consider fee increases if necessary to recover
costs in future fee rules. DHS has taken into account the
costs involved in collecting this information and has found
it reasonable and justified given the security and fraud
prevention benefits from this collection.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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Deter Travel or
Immigration

Some commenters expressed concern that the proposed
generic clearance may deter travel or immigration flow.
For example, one comment suggested that the proposed
changes would “discourage people from applying for
immigration status by threatening their relatives” which
may undermine “the purpose of immigration.”
Some commenters suggested that it would be impractical
to remember or gather information such as phone
numbers and emails, deterring people from applying for
immigration benefits. Another commenter expressed
concern that elderly applicants would have difficulty
tracking down phone numbers and emails which may
create barriers when applying for immigration benefits.
Some commenters also opined that the proposed
changes could result in having a “chilling effect” on the
applicants. Another suggested that the added
“administrative burden” of the proposed changes was
“too high and not realistic.”

Response: USCIS seeks to balance its national security,
public safety, and fraud missions with the provision of
immigration benefits to eligible aliens. While we recognize
that this collection may influence the decisions of a limited
number of immigration benefit seekers, USCIS’ top priority
is the safety and security of the American people. USCIS
does not seek to unnecessarily burden applicants but
rather seeks to obtain all information necessary to
maintain a robust and dynamic screening system.
Additionally, DHS does not anticipate that the collection of
this additional information will significantly affect
processing times for most applicants. The United States
will continue to attract the best and brightest to our
shores.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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Topic 5. Constitutional Issues
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First Amendment (out of
scope)

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Fourth Amendment

Several commenters expressed concern that the
proposed collection would violate the first amendment,
with one commenter stating that it would “affect
applicants in a biased and prejudicial way”. Another
commenter stated that this data collection will have a
chilling effect on 1st, 4th, and 14th amendment rights, as
applicants will self-censor to avoid scrutiny.
Commenters alleged that the sweeping nature of the
data collection of non-applicants may constitute an
unreasonable search and seizure of information. Another
commenter believes that data collection without
safeguards raises concerns about 4th amendment
violations as well as privacy and due process rights.

Response: DHS did not address these comments because
they are outside the scope of the proposed generic
clearance. DHS believes there is no plausible impact on
free speech related to these additional data fields.

Response: DHS disagrees with commenters that its
collection of high value information elements is
unconstitutional, that it exceeds the agency’s authority, or
that it constitutes an abuse of power. DHS has broad
authority under the Immigration and Nationality Act (INA)
and Homeland Security Act (HSA) of 2002, to administer
immigration laws including collecting information included
in this information collection. See generally, INA secs. 101,
103, 8 U.S.C. 1101, 1103; sec. 402 of the HSA. For
example, INA § 287(b), 8 U.S.C. § 1357(b), and 8 C.F.R. §
287.5(a)(2) empower officers and agents to “take and
consider evidence concerning the privilege of any person
to enter, reenter, pass through, or reside in the United
States.”

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
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0131
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Specific to the N-400, INA § 335, 8 U.S.C. 1446, requires “a
personal investigation of the person applying of
naturalization” and authorizes USCIS to take testimony “in
any way affecting the admissibility of any applicant for
naturalization” and to require the production of relevant
documents. These additional questions help facilitate this
personal investigation.

Fifth and Fourteenth
Amendments
i. Due Process

Several commenters expressed concerns about Fifth and
Fourteenth Amendment violations, specifically due
process. One commenter stated, “the collection creates
insurmountable barriers to accessing immigration
benefits and humanitarian protections that are
guaranteed by statute”. Another commenter said that
this collection would “drastically transform USCIS’
Procedures” and that “a massive shift in practice does not
reflect a fair and transparent process and is instead
symptomatic of a due process loss of substantive rights.”
Several commenters also expressed that this collection is
a violation of the due process rights of the individual

This collection is also consistent with Supreme Court
rulings related to Fourth Amendment protections to the
extent such protections are applicable in this context. It is
not a violation of the Fourth Amendment to ask questions
of an individual who is not detained and may choose
whether or not to answer them. See, e.g., Florida v. Royer,
460 U.S. 491, 497 (1983) (citing cases). Individuals who
choose to seek admission to the United States or apply for
immigration benefits do so on a voluntary basis, and as
such, the inclusion of particular questions on USCIS forms
does not pose a Fourth Amendment concern.
Response: USCIS believes the commenters are referring to
the due process clause of the Fifth and Fourteenth
Amendments, which state, “No person shall…be deprived
of life, liberty, or property, without due process of law…”
and “No state shall…deprive any person of life, liberty, or
property, without due process of law…”. USCIS believes
the additional data elements in this collection are
reasonable to obtain and are not insurmountable. USCIS
already is authorized to collect information on family
members as part of the application process, and DHS uses
this information for determining eligibility and to assess
and identify potential fraud, national security, and public

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
whose information is provided by the person filling out
the form.
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Miscellaneous

Commenters have stated that this collection is an
example of intrusive overreach that undermines privacy
and due process and will lead to increased government
surveillance and profiling. Further, commenters wrote,
the proposed collection targets noncitizens and
reinforces harmful stereotypes, like foreign nationals
from particular regions warrant enhanced surveillance.
Commenters stated that the collection threatens core
constitutional values and presents privacy and 1st
amendment concerns, chilling speech and disincentivizing
expressing political opinions.
At least one commenter presented the following
concerns: that the collection forces disclosure of sensitive
personal information without family member consent
and violates their privacy and is an example of
government surveillance that provides no protections
against breaches with no guarantee the information will
be safe. Commenters claimed that the collection does
not outline the meaningful security improvements to be
gained.
One commenter believes telephone metadata has
limited utility and will lead to an increase in unfair
discretionary denials, noting that the NSA telephone
metadata program was found unlawful in multiple court
cases. The commenter wrote that the collected data

safety threats. Additionally, USCIS maintains and stores all
collected information in accordance with federal
regulatory, statutory, departmental, and component
privacy requirements, mandates, directives, and policy.
Response: Many of the comments in this section have
been answered in other sections related to privacy, data
security, effectiveness of data collection, economic
concerns, concerns about discouraging immigration, and
concerns about increased burdens for applicants and
USCIS personnel.
This information collection will permit USCIS to better vet
applicants for immigration benefits. Individuals who
present a threat to national security or public safety are
not eligible for certain benefits and U.S. immigration laws
preclude DHS from granting immigration and
naturalization benefits to individuals with certain
disqualifying characteristics including association with
terrorist organizations. See, e.g., INA § 208(b)(2)(A), 8
U.S.C. § 1158(b)(2)(A) (mandatory bars to asylum); INA §
245(a)(2), 8 U.S.C. § 1255(a)(2) (admissibility requirements
for adjustment of status applicants and agency discretion);
and INA § 316(a)(3), 8 U.S.C. § 1427(a)(3) (good moral
character requirement for naturalization). Additionally,
the relevant information will assist in our investigations
and in making sure that these requirements are met.
Disclosure of social media handles is not part of this
proposed collection but, rather, is part of another
proposed collection also posted for public comment in the
Federal Register on March 3, 2025. Responses to concerns

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
would result in increased false positive or unclear results
and that it would be ineffective as a vetting tool, claiming
that additional collection would not improve immigration
screening or reduce risk.

about social media will be provided with reference to that
specific Federal Register Notice in a separate document.

One commenter believes irrelevant information makes it
more difficult to identify legitimate security threats.

Topic 6. Vulnerable Populations
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Additionally, some commenters pointed out that
applicants and family members whose information must
be included have social media handles they no longer use
or remember.
Many commenters expressed concerns regarding the
collection’s impact on vulnerable populations. Several
commenters noted that some applicants, including
asylum seekers or those in refugee camps, may not have
access to the relevant documentation or information.
Another commenter noted that requiring this information
would provide the opportunity for exploitation from bad
actors, including persecutors or abusive family members.
One commenter stated that providing this information
will demand more hours from a client’s attorney, which
would disproportionately affect lower income clients.
Others noted that the increased data requirements can
lead to decreased application rates among low-income
applicants, minority groups, and the elderly. Another
commenter noted the need for increased data protection
requirements in the context of vulnerable populations.

Response: The information in this collection constitutes a
small portion of the information used in the analysis of an
application. If any individual does not have access to
certain information, they may indicate as such on the
forms. Any one response (or lack thereof) to a certain
additional data element will not exclusively determine
whether an application is approved or denied. DHS makes
case-by-case determinations based on the totality of the
circumstances consistent with its authorities.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
Topic 7. Discrimination
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Some commenters expressed concerns that this
collection is targeting specific populations and would
result in discrimination. One commenter noted that
collecting personal and family information “may lead to
profiling or discrimination, intentionally or
unintentionally” and “reinforce systemic biases.”
Another commenter expressed a concern that this
collection would “reinforce harmful stereotypes”,
including that foreign nationals warrant enhanced
surveillance. One commenter called the collection a
“systemic attack on minorities”, and another opined that
it could be “discriminatory to those that come from
certain circumstances or someone that practices [a]
certain religion.” Another claimed this collection would
be “weaponized against vulnerable demographics”.

Response: DHS is committed to the highest standards of
conduct, especially when it comes to the fair, unbiased,
and transparent enforcement of our mission
responsibilities. The collection of this additional
information will be used to help enforce our immigration
laws by assisting in the adjudication of eligibility to travel
to or be admitted to the United States or be granted an
immigration-related benefit. Existing DHS policy prohibits
the consideration of race or ethnicity in our investigation,
screening, and enforcement activities in all but the most
exceptional instances. This policy is reaffirmed in manuals,
policies, directives, and guidelines. Existing DHS policy
also prohibits profiling, targeting, or discrimination against
any individual for exercising his or her First Amendment
rights.
We will not use the information in a discriminatory
manner that prevents entry into the United States or
denies benefits based on an applicant’s personal
characteristics unless relevant to admissibility or statutory
eligibility for a benefit. DHS will handle this collection of
data in the same manner as other information collected
for travel or immigration benefit purposes. This new
collection of information is one data point for vetting
travelers and benefit requestors and is intended to
complement other information, including other
application data provided by the alien. DHS will make
case-by-case determinations based on the totality of the
circumstances.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
Topic 8. Waste of Taxpayer Dollars
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These comments collectively argue that the proposed
information collection requirements for immigration
benefit applications will lead to significant governmental
waste and inefficiency. Key points include:
Economic Impact: The increased processing times and
administrative burdens will lead to higher costs for both
the public and USCIS. This could potentially lead to
budget shortfalls and financial instability for the agency.
Increased Burden and Costs: The new requirements will
drastically increase the time and resources needed for
applicants to gather information, which will also increase
the workload for USCIS, leading to higher operational
costs and longer processing times.
Governmental Inefficiency: The additional data collection
is seen as unnecessary and duplicative, adding
bureaucratic layers without clear benefits. This
inefficiency contradicts the administration's stated goals
of reducing waste and improving governmental
operations.
Misrepresentation of Costs: The supporting statement for
the proposed collection claims that there will be no
additional cost burden to the public, only an increase in
the time required to complete forms. However, the
comments suggest that this is misleading, as the
increased time for adjudication will ultimately lead to
higher costs for the agency and the public.

Response: DHS disagrees with these comments that
categorize this collection as a waste. Regarding tax dollars
specifically, unlike many other federal agencies, USCIS is
primarily (approximately 96%) fee funded, meaning its
operations are funded by fees charged to applicants for
immigration or naturalization benefits, rather than
taxpayer money. Fees collected by USCIS are deposited
into the Immigration Examinations Fee Account (IEFA),
which is a special fund in the Treasury of the United States
used to cover the costs associated with providing
immigration and naturalization benefits, such as
adjudicating immigration benefit requests, conducting
interviews, and screening and vetting. Congress provides
a small portion (approximately 4%) of the agency’s budget
through appropriations, typically for activities like
employment verification and civic integration.
Comments concerning an increase in burden on applicants
and concerns that this data collection is unnecessary and
duplicative have been answered in other sections.
Please see responses in Topic 2. Compliance with the PRA,
Underestimation of Burden and Topic 4. Impacts on
Immigration Benefit Processing/Travel, Delay Benefit
Processing.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
Topic 9. Form Specific Comments
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Form N-400, Application
for Naturalization

One commenter stated that the revisions to the Form N400 would create processing delays for USCIS and lead to
confusion and errors on the part of the applicant.
One commenter objected to the increased length of the
Form N-400 and stated that the additional information is
excessive and irrelevant and has no bearing on an alien’s
eligibility to naturalize. This commenter also stated that
the new revisions to the Form N-400 and form
instructions violates the Paperwork Reduction Act (PRA)
and the Administrative Procedure Act (APA). This
commenter also indicated that DHS has failed to provide
an explanation as to why this data collection is necessary.

Response: USCIS acknowledges that the draft revision of
the form is longer and more complex, but the questions
are necessary to fully vet applicants for naturalization.
Naturalization is the most significant immigration benefit
that the United States offers, and it is necessary to ensure
that applicants are fully investigated to identify any
concerns that might make them ineligible for
naturalization. INA § 335, 8 U.S.C. 1446, requires “a
personal investigation of the person applying of
naturalization” and authorizes USCIS to take testimony “in
any way affecting the admissibility of any applicant for
naturalization” and to require the production of relevant
documents. These additional questions help facilitate this
investigation.

Additionally, some commenters expressed concerns that
applications for naturalization may be denied if applicants
are unaware of details concerning their family members,
specifically estranged or long-deceased family members.

While some commenters expressed concerns that
applications for naturalization may be denied if applicants
are unaware of details concerning their family members,
specifically estranged or long-deceased family members,
USCIS does not deny an application for naturalization
based solely on the applicant’s failure to provide
information that the applicant does not know. Applicants
may be asked to provide an explanation regarding their
lack of knowledge if they are unable to answer particular
questions on the form.

Some commenters identified errors on the draft revision
of the Form N-400, specifically, some questions were
inadvertently included on the draft form revision

USCIS has incorporated corrections into the form for the
questions that assumed that applicants’ parents and
spouses were U.S. citizens. These questions have been

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025

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Form I-730,
Refugee/Asylee Relative
Petition

assuming that applicants’ parents and spouses were U.S.
citizens.

updated to avoid making that assumption and clarify that
all applicants should provide the requested information,
whether their parents or spouses are U.S. citizens or not.
Additionally, commenters correctly identified several
technical errors, such as errors in numbering, that have
now been corrected.

Some commenters made suggestions regarding sections
of the Form N-400 that were not included in the
proposed changes.

Where commenters made suggestions regarding sections
of the Form N-400 that were not included in the proposed
changes, USCIS did not address those comments because
they are outside the scope of the proposed changes.
Response: USCIS provides that this information collected
will not be used to target family members but will aid in
establishing the applicant’s relationships, which may relate
to eligibility. The information provided by the applicant
may be used to verify an applicant’s identity, eligibility,
and to vet the applicant to help determine whether such a
grant of a benefit poses a security or public-safety threat
to the United States. These additional data elements are
necessary to comply with section 2 of E.O. 14161 to
establish screening and vetting standards and procedures
to enable USCIS to assess an alien’s eligibility to receive an
immigration-related benefit from USCIS.

Some commenters expressed concerns that the contact
information, physical location, and addresses for all the I730 petitioner’s immediate family members are not
relevant to eligibility and may be used to target family
members for immigration enforcement actions.

Some commenters also expressed concerns that the
addition of a question requiring a “U.S. Point of Contact
Name and Phone Number if the Applicant is Located
Outside of the United States,” violates the prohibition on
“unnecessarily duplicative” information in 5 CFR
§1320.9(b). Commenters state that because there is an I730 petitioner in the U.S. filing the petition and the

USCIS provides that while it could be assumed that the
petitioner is the beneficiary’s Point of Contact, this
question does not compel the beneficiary to list the
petitioner. The beneficiary may list a different name as
the Point of Contact if they prefer to do so.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025

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Form I-751, Petition to
Remove Conditions on
Residence

petitioner’s name, address, and phone number are
already captured on Form I-730, the information
collection for a “US Point of Contact” for I-730
beneficiaries outside of the U.S., is unnecessarily
duplicative.
One commenter objected to the proposed expansion of
the Form I-751 and claimed the additional questions
which ask for the petitioner’s and U.S. citizen spouse’s
past telephone numbers, employment history, and
information about their parents and siblings are intrusive
and irrelevant to the determination as to whether a
marriage was entered in good faith. This commenter
claims the proposed expansion violates the statutory
limitations of INA 216.

To the extent that any of the information collection
instruments already include some of the information
contained in the generic clearance, USCIS will combine
those elements to ensure that it is not duplicating the
collection.
Response: With respect to concerns that the additional
questions are irrelevant, the new information will allow
USCIS’ national security and law enforcement partners to
better vet applicants for consistent information of interest
that could affect eligibility and/or admissibility.

Multiple commenters highlighted that the data elements
added to Form I-751 should already be known by USCIS,
either through the Form I-485 or through the immigrant
visa process.

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Form I-590, Registration
for Classification as
Refugee

Another mention of the I-751 included that the data
element for petitioner’s sex was not included on the form
as indicated in the data elements being added, the
commenter stated that since it is already printed on the
“conditional resident card” that it is already reasonably
available to the agency, showing there is no justification
under (b) to add this data element.
A commenter stated that the data elements collecting
Point of Contact violates 5 CFR 1320.9(a) because there is
no practical utility in requiring a “U.S. Point of Contact”
where a U.S. contact for the applicant is not a

The petitioner’s sex was included on the I-751 Form, which
was available as a supporting document with the 60-day
notice for the proposed generic clearance.

Response: USCIS already asks Form I-590 applicants to
provide a U.S. point of contact (i.e. see Part “Relative In
The United States”) where such contact exists on Form I590 itself. This assists with the resettlement process

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
requirement for eligibility. For example, Form I-590
relates exclusively to applicants located outside of the
United States. However, individuals applying for refugee
status outside of the United States are not required or
expected to have any relative, friend, or acquaintance
living in the U.S. as a “U.S. Point of Contact.”

To the extent that any of the information collection
instruments already include some of the information
contained in the generic clearance, USCIS will combine
those elements to ensure that it is not duplicating the
collection.

Topic 10. Specific Instruction Changes
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coordinated by Resettlement Support Centers abroad and
domestic resettlement agencies contracted by the
Department of State, as many approved refugee
applicants request resettlement near U.S. points of
contact such as family and friends when practicable. This
is the practical utility of asking Form I-590 applicants to
provide a point of contact, and because this question on
Form I-590 has practical utility, continuing to collect this
information is not in violation of 5 CFR 1320.9(a). Further,
Form I-590 applicants do not need to provide information
about a U.S. contact if they have no contacts in the United
States.

One commenter stated the revisions to the Form N-400
and instructions are complex and fragmented, rather
than streamlined for clarity.

Response: Through these changes, USCIS is requesting
consistent information across the impacted information
collections. The associated instructions for each impacted
form included instructional updates associated with new
data elements, where necessary, to ensure clarity.

One commenter stated that the instructions for the Form
N-400 were unclear and asks for the alien to provide
irrelevant information. This commenter also asked for
clarification regarding consent to share information with

Regarding Selective Service and Social Security
information, those questions are current and are not being
added as part of this generic clearance; thus, the
comments on those sections are out of scope and are not
being addressed. Specific to the N-400, INA § 335, 8 U.S.C.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
Social Security and who should select that they’ve
registered for Selective Service.

1447 authorizes USCIS to investigate naturalization
applicants. 8 CFR 335.1 mandates that, "[t]he
investigation shall consist, at a minimum, of a review of all
pertinent records, police department checks, and a
neighborhood investigation in the vicinities where the
applicant has resided and has been employed, or engaged
in business, for at least the five years immediately
preceding the filing of the application." These additional
questions help facilitate this personal investigation.

Another commenter provided there is missing
instructional clarification on biographic information,
specifically, the form requires the applicant to select their
race and ethnicity but does not state if multiple
selections are allowed or required. Clear instructions
should be provided for applicants of mixed racial
backgrounds.

With respect to instructional clarification regarding race
and ethnicity, the generic clearance does not propose
changes to these and the Forms N-400, I-131, I-485, I-751,
and I-829 state that the applicant may “select all
applicable boxes.” The Forms I-589 and I-590 ask an openended question with respect to “Race, Ethnic, or Tribal
Group” and Forms I-192, I-730, make no mention of race
or ethnicity. Because the content regarding race and
ethnicity was not added as part of this generic clearance,
the comment on this content is out of scope and is not
being addressed.

One commenter stated that explicit instructions should
be included on when it’s appropriate to skip sections,
such as marital history for those who have never been
married or spousal information for those not applying
under the 3-year provision. This would reduce
unnecessary responses.

USCIS will not be including instructions regarding the
appropriateness of skipping sections, as the intention is to
collect as much relevant information from applicants as
possible. If an applicant determines that information
requested in a particular section does not apply to them,
they can indicate that the information requested is “not
applicable.” For instance, if an applicant has never been
married, they can indicate that they have never been
married, such as by stating “no prior marriage.” However,

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
if applicants indicate that information requested in a given
section is not applicable to them, they may be asked to
provide an explanation regarding their response, or lack
thereof, and potential lack of knowledge. USCIS further
notes that spousal information will be required for
naturalization applicants whether or not they are applying
under the 3-year provision because, as noted above, it is
relevant information for all applicants for purposes of
vetting and identity verification.

Topic 11. Support
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There are two comments on this topic, both from the
same person who shares their support with these
changes and recommends modifications on what
information they believe would be practical to collect for
fiancé and spousal petitions. The commenter stated that
the requirement to provide 10 years of email addresses
would be cumbersome, but that email addresses for the
last 5 years would be reasonable. Similarly, requesting
family phone numbers for 5 years would also be
cumbersome. Providing past business phone numbers
and e-mail addresses would be difficult or impossible to
recall or obtain from previous employers.

Response: DHS appreciates the positive feedback and
comments.

Additionally, this commenter included that not all
countries have a national ID, so not all benefit seekers
will be able to provide this information.

USCIS provides other options in this data element
requesting Passport/Travel document or National ID which
includes data fields to provide passport and/or travel
document information.

In response to the recommended modifications, USCIS
does not deny an application based solely on the
applicant’s failure to provide information that the
applicant does not know. Applicants may be asked to
provide an explanation regarding their lack of knowledge if
they are unable to answer particular questions or provide
particular information on the form.

Generic Clearance for the Collection of Certain Information on Immigration Forms - Responses to 60-day Public Comments
Public Comments (regulations.gov): USCIS-2025-0002
60-day FRN Citation (federalregister.gov): 90 FR 11054
Publish Dates: March 3, 2025 – May 2, 2025
Topic 12. Out of Scope
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Several commenters referenced information collections
or regulatory-related information that does not pertain to
this proposed generic clearance. Some commenters also
included comments on social media data collection.

Response: These comments are out of scope for the
proposed generic clearance of the intended information
collection because they do not provide feedback on the
nature of the proposed generic clearance or the actual
information collection instruments affected.