Notice of Appeal or Motion

OMB Control No: 1615-0095	ICR Reference No: 202003-1615-004
Status: Historical Active	Previous ICR Reference No: 201804-1615-002
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-290B
Title: Notice of Appeal or Motion
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: 08/15/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/17/2020
Terms of Clearance: OMB is approving this collection for one year to facilitate processing of other necessary changes. However, OMB requests that the agency solicit comment on the recent changes again prior to submitting this form for extension. .

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2021	36 Months From Approved	08/31/2020
Responses	28,000	0	24,878
Time Burden (Hours)	42,000	0	37,317
Cost Burden (Dollars)	8,652,000	0	7,407,523

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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:
	84 FR 66924	12/06/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 15222	03/17/2020
Did the Agency receive public comments on this ICR? Yes

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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	28,000	24,878	0	0	3,122	0
Annual Time Burden (Hours)	42,000	37,317	0	0	4,683	0
Annual Cost Burden (Dollars)	8,652,000	7,407,523	0	0	1,244,477	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: USCIS updated Form I-290B and its Instructions to clarify language and make updates to standard instructions provided across USCIS Forms. USCIS added a Date of Birth field to Form I-290B; individuals filing the form must now provide this information. Additionally, the option for certain filers to provide a Safe or Alternate Mailing Address has been added to the form. USCIS is reporting an increase in the estimated annual time burden to respondents for this collection of information due to an increase in the estimated respondent population. The average time burden per response did not change. USCIS is reporting an increase in the estimated annual cost to respondents for this collection of information. USCIS has increased its estimate of the out-of-pocket costs respondents may incur when filing this collection of information. Additionally, the estimated number of respondents increased. These two changes resulted in the adjustment of the estimated annual cost.

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Annual Cost to Federal Government: $18,900,000

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? No

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: 04/17/2020

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