Notice of Appeal or Motion

OMB Control No: 1615-0095	ICR Reference No: 201204-1615-007
Status: Historical Active	Previous ICR Reference No: 201108-1615-008
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-290B
Title: Notice of Appeal or Motion
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/01/2012
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/22/2012
Terms of Clearance: This collection is approved for two years only due to lack of GPEA compliance

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2014	36 Months From Approved	10/31/2012
Responses	38,926	0	28,734
Time Burden (Hours)	58,389	0	43,101
Cost Burden (Dollars)	0	0	18,102,420

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Abstract: The data collected on this form is used by the USCIS to determine that an appeal or motion to reopen or reconsider meet eligibility requirements. The collection is also used by the USCIS/AAO to adjudicate the merits of an appeal or motion to reopen or reconsider.

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Authorizing Statute(s): US Code: 8 USC 1103 Name of Law: U.S. Code

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 6134	02/07/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 23270	04/18/2012
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Notice of Appeal to the Office of Administrative Appeals (AAO) I-290B Notice of Appeal or Motion

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	38,926	28,734	0	0	10,192	0
Annual Time Burden (Hours)	58,389	43,101	0	0	15,288	0
Annual Cost Burden (Dollars)	0	18,102,420	0	0	-18,102,420	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The annual cost burden of $18,102,420 has been removed from ROCIS as this cost burden is due to the wage rate calculation and this figure is not customarily reported in ROCIS. There is an increase in the annual burden hours previously reported for this information collection. This change is due to an adjustment in the agency estimate for the number of respondents. USCIS previously reported 28,134 estimated number of respondents but it is now reporting 38,926 estimated number of respondents. As a result, the annual burden hours have increased by 15,288.

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Annual Cost to Federal Government: $24,523,380

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Liana Miranda-Valido 202 272-8887 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 05/22/2012

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