Request for Fee Waiver

OMB Control No: 1615-0116	ICR Reference No: 202009-1615-008
Status: Historical Active	Previous ICR Reference No: 202009-1615-004
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-912
Title: Request for Fee Waiver
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/04/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/04/2020
Terms of Clearance: This form change is approved to take effect on October 2, 2020. USCIS will display both the current version and the new Fee Rule version of the form for a period of time up to the effective date of the new form, which is concurrent with the effective date of the associated rulemaking (October 2, 2020). USCIS will clearly identify filing dates for each form version and provide instructions on when and how to correctly file both versions. Upon the effective date of the new version of the form, USCIS will remove the old version of the form from its website. Approved for two years only due to partial GPEA compliance.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2022	36 Months From Approved	10/31/2021
Responses	116,960	0	350,128
Time Burden (Hours)	272,368	0	815,649
Cost Burden (Dollars)	438,600	0	1,312,980

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Abstract: The collection of information on Form I-912 is necessary in order for U.S. Citizenship and Immigration Services (USCIS) to make a determination that the applicant is unable to pay the application fee for certain immigration benefits.

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Authorizing Statute(s): US Code: 8 USC 1103 Name of Law: United States Code

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC18	Final or interim final rulemaking	85 FR 46788	08/03/2020

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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 Request for Fee Waiver I-912 Request for Fee Waiver 8 CFR 103.7(d) Director's exception request DACA-Related I-765 Fee Exemption Request

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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	116,960	350,128	0	-233,168	0	0
Annual Time Burden (Hours)	272,368	815,649	0	-543,281	0	0
Annual Cost Burden (Dollars)	438,600	1,312,980	0	-874,380	0	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: In its discretion, USCIS has amended the reasons for which a fee waiver may be requested. USCIS is no longer accepting the receipt of means-tested benefits as a reason for requesting a fee waiver. USCIS will only consider fee waiver requests made on the basis of the applicant, petitioner, or requester with certain immigrant categories whose household income being at or below 125% of the Federal Poverty Guidelines or the applicant is impacted by a disaster declaration and who are not subject to the affidavit of support requirements under section 213A of the Act or is already a sponsored immigrant as defined in 8 CFR 213a.1 and not subject to the public charge inadmissibility ground under section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4). The I-912 Form and Instructions have been updated to reflect this change in USCIS’s fee waiver policy and regulation update.

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Annual Cost to Federal Government: $4,686,166

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: Melanie Frank 202 527-4488 [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: 09/04/2020

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