Affidavit of Support Under Section 213A of the Act

OMB Control No: 1615-0075	ICR Reference No: 201809-1615-010
Status: Historical Inactive	Previous ICR Reference No: 201705-1615-004
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-864
Title: Affidavit of Support Under Section 213A of the Act
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: 11/19/2018
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/10/2018
Terms of Clearance: In accordance with 5 CFR 1320, OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. Any previous terms of clearance continue to apply.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2020	36 Months From Approved	03/31/2020
Responses	702,184	0	702,184
Time Burden (Hours)	3,138,208	0	3,138,208
Cost Burden (Dollars)	161,526,540	0	161,526,540

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Abstract: USCIS uses the data collected on Form I-864 to determine whether the sponsor has the ability to support the sponsored alien under section 213A of the Immigration and Nationality Act. This form standardizes evaluation of a sponsor’s ability to support the sponsored alien and ensures that basic information required to assess eligibility is provided by petitioners. Form I-864A is a contract between the sponsor and the sponsor’s household members. It is only required if the sponsor used the income of his or her household members to reach the required 125 percent of the Federal poverty guidelines. The contract holds these household members jointly and severally liable for the support of the sponsored immigrant. The information collection required on Form I-864A is necessary for public benefit agencies to enforce the Affidavit of Support in the event the sponsor used income of his or her household members to reach the required income level and the public benefit agencies are requesting reimbursement from the sponsor. USCIS uses Form I-864EZ in exactly the same way as Form I-864; however, less information is collected from the sponsors as less information is needed from those who qualify in order to make a thorough adjudication. USCIS uses Form I-864W to determine whether the intending immigrant meets the criteria for exemption of section 213A requirements. This form collects the immigrant’s basic information, such as name and address, the reason for the exemption, and accompanying documentation in support of the immigrant’s claim that they are not subject to section 213A.

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Authorizing Statute(s): US Code: 8 USC 1183a Name of Law: Immigration Nationality Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AA22	Proposed rulemaking	83 FR 51114	10/10/2018

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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 Affidvit of Support Under Section 213A of the Act I-864 Affidavit of Support Under Section 213A of the INA Affidavit of Support Under Section 213A of the Act I-864EZ Affiavit of Support of Support Under Section 213A of the Act Affidavit of Support Under Section 213A of the Act I-864A Contract Between Sponsor and Household Member Affidavit of Support Under Section 213A of the Act I-864W Intending Immigrant's Affidavit of Support Exemption

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The total hour burden for this information collection has decrease as a result of the discontinuation of Form I-864W as a result of the Public Charge rulemaking and a decrease in the number of respondents for Form I-864EZ. USCIS anticipates that the hour burden to respondents filing Form I-864 will increase due to an increase in the estimated number of respondents for this IC; however, the total estimated burden for the information collection will decrease. The total cost burden for this collection of information has decreased. Although USCIS anticipates that the cost burden to respondents filing Form I-864 will increase, that increase is offset by the elimination of the cost burden for Form I-864W, resulting in a net decrease in the total cost burden for this collection of information. Some of the form instructions have been updated to remove references to Form I-864W.

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Annual Cost to Federal Government: $30,774,800

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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: Kerstin Jager 214 489-8022 [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: 10/10/2018

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