Employment Eligibility Verification

OMB Control No: 1615-0047	ICR Reference No: 201608-1615-010
Status: Historical Inactive	Previous ICR Reference No: 201603-1615-002
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-9
Title: Employment Eligibility Verification
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 10/17/2016
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/26/2016
Terms of Clearance: DHS will request approval of this revision after considering and responding to public comments on the International Entrepreneur Rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2019	36 Months From Approved	08/31/2019
Responses	130,800,000	0	130,800,000
Time Burden (Hours)	29,300,000	0	29,300,000
Cost Burden (Dollars)	0	0	0

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Abstract: The Form I-9 was developed to facilitate compliance with Section 274A of the Immigration and Nationality Act, as amended by the Immigration Reform and Control Act of 1986, making employment of unauthorized aliens unlawful and diminishing the flow of illegal workers in the United States.

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Authorizing Statute(s): US Code: 8 USC 1324a Name of Law: Immigration and Nationality Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC04	Proposed rulemaking	81 FR 60129	08/31/2016

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title Form No. Form Name Employment Eligibility Verification (Employers) I-9 Employment Eligibility Verification Employment Eligibility Verification (Employees) I-9 Employment Elibility Verification (Employees) Recordkeeping

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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: There is an increase in the estimated burden hours as previously reported for this information collection; USCIS inadvertently reported a lower estimated number of respondents during the last submission for OMB approval that was concluded on 8/25/2016. The minimal change in respondents due to the rule change is not significant enough to modify the numbers presented. There is no change in the information being collected. In this information collection, DHS is updating the Lists of Acceptable Documents of Form I-9 to replace “nonimmigrant” with “individual” and adding “or parole” when describing who and under what circumstances an individual may present to his or her employer with a foreign passport and Form I-94 under List A of Form I-9. DHS is also adding to the Lists of Acceptable Documents under the “List C” column, the Department of State (DOS) Form FS-240 Consular Report of Birth Abroad, or successor form. The reason for these changes is to conform to proposed changes to DHS regulations describing the documents acceptable for Form I-9 being made in DHS’s proposed rule, “International Entrepreneur Rule.” The proposed rule adds to the regulations at 8 CFR 274a.12(b), entrepreneur parolees to the class of aliens authorized for employment incident to status or parole with a specific employer and who may present the foreign passport and Form I-94 under List A of Form I-9. Without changing “nonimmigrant” to “individual” on the Lists of Acceptable Documents, the public will not have accurate information necessary to complete Form I-9 properly. The rule also proposes a technical change to 8 CFR 274a.2(b)(1)(v)(C) to add Form FS-240 Consular Report of Birth Abroad, or successor form, to the list of acceptable documents evidencing employment authorization. Since 2011, Form FS-240 has been exclusively issued by DOS as evidence of a U.S. citizen’s birth abroad and acquisition of U.S. citizenship at birth, as well as used to replace a lost, stolen, or damaged Form FS-545 Certification of Birth Abroad or Form DS-1350 Certification of Report of Birth. This technical change will formally recognize the Form FS-240, or successor form, as an acceptable document to establish employment authorization for Form I-9 purposes.

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Annual Cost to Federal Government: $11,522,506

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: Heather Young 202 272-1673 [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: 08/26/2016

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