Petition for U Nonimmigrant Status

OMB Control No: 1615-0104	ICR Reference No: 201601-1615-006
Status: Historical Active	Previous ICR Reference No: 201207-1615-002
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-918
Title: Petition for U Nonimmigrant Status
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/07/2017
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/29/2016
Terms of Clearance: Approved for two years only due to partial GPEA compliance.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2019	36 Months From Approved	02/28/2017
Responses	114,816	0	68,569
Time Burden (Hours)	236,835	0	119,833
Cost Burden (Dollars)	165,780	0	0

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Abstract: This petition permits victims of certain qualifying criminal activity and their immediate family members to apply for temporary nonimmigrant classification. This nonimmigrant classification provides temporary immigration benefits, potentially leading to permanent resident status, to certain victims of criminal activity who: suffered substantial mental or physical abuse as a result of having been a victim of criminal activity; have information regarding the criminal activity; and assist government officials in investigating and prosecuting such criminal activity.

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Authorizing Statute(s): US Code: 18 USC 1351 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:
	79 FR 53721	09/10/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 5018	01/29/2016
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 4

IC Title Form No. Form Name Biometrics Petition for U Nonimmigrant Form I-918 Petition for U Nonimmigrant Petition for Qualifying Family Member of U-1 Recipient I-918 A Petition for Qualifying Family Member of U-1 Recipient U Nonimmigrant Status Certification I-918 B U Nonimmigrant Status Certification

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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	114,816	68,569	0	0	46,247	0
Annual Time Burden (Hours)	236,835	119,833	0	0	117,002	0
Annual Cost Burden (Dollars)	165,780	0	0	0	165,780	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 burden has increased as more individuals have filed and continue to file requests for U nonimmigrant status with USCIS. Several changes were made to the Form I-918, Supplements A and B, and corresponding instructions. On the Form I-918 and Instructions, changes were made clarifying that we require an original signature, clarifying the process for receipt of an Employment Authorization Document for petitioners and qualifying family members, adding a provision for a safe foreign mailing address, and including the entire definition of “next friend” that appears in the regulations. In response to public comments, we also modified the form language so that a petitioner or qualifying family member who is in proceedings has clear instructions on how to complete this portion of the I-918 Form (and Supplement A). We also added two qualifying crimes that now appear in INA 101(a)(15)(U)(iii) following passage of VAWA 2013, which are Fraud in Foreign Labor Contracting and Stalking. We also removed questions on the Form I-918 and Supplement A regarding the public assistance ground of inadmissibility, which no longer applies to U petitioners. Although regulatory provisions have not been implemented since the passage of VAWA 2013, these changes are clear from the statutory language and we do not believe that further regulatory language is required. Changes were also made to the Form I-918, Supplement B and Instructions. This form is completed by the certifying official and contains information about the petitioner, including the qualifying criminal activity of which the petitioner was a victim, the information that the petitioner possesses, and the victim’s helpfulness. This form is a required part of the U visa petition. On our own initiative, we modified language that has been confusing to adjudicators and to certifying officials, including the phrasing of questions regarding the petitioner’s helpfulness, to make the form clearer. We also clarified language about culpable family members to be more consistent with the regulations. In addition, we changed the language that enables certifying officials to provide additional information about the petitioner to make it clear that USCIS would like for certifying officials to provide any additional information that they would like to provide, rather than just information related to the helpfulness requirement. We also removed the “Other” box that appears on the checklist of qualifying criminal activity, as this box has been a regular source of confusion for certifying officials. The qualifying criminal activity that establishes U visa eligibility should correspond to one of the statutory crimes on the list, even if the qualifying criminal activity claimed is a similar crime and not the same crime that is listed on the form. In response to public comments, we made additional changes. We clarified that investigation and prosecution refers to the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity, as set forth in the regulations. We also clarified that USCIS will accept Supplement B forms completed in blue or black ink. Finally, we clarified that the certifying official should only provide information regarding the victim’s failure to assist law enforcement when the request was reasonable.

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Annual Cost to Federal Government: $11,162,160

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: Jameela Turay 703 305-9445 [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: 01/29/2016

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