Application to Extend/Change Nonimmigrant Status

OMB Control No: 1615-0003	ICR Reference No: 202009-1615-037
Status: Historical Inactive	Previous ICR Reference No: 202009-1615-009
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-539
Title: Application to Extend/Change Nonimmigrant Status
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: 09/21/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/15/2020
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	03/31/2021	36 Months From Approved	03/31/2021
Responses	676,837	0	676,837
Time Burden (Hours)	959,860	0	959,860
Cost Burden (Dollars)	42,700,928	0	42,700,928

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Abstract: This form is used by a nonimmigrant to apply for an extension of stay or change of nonimmigrant status. Additionally, the data will be used by USCIS to determine eligibility for the requested immigration benefit.

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Authorizing Statute(s): US Code: 8 USC 1258 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-AC14	Proposed rulemaking	85 FR 56338	09/11/2020

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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: 4

IC Title Form No. Form Name Application to Extend/Change Nonimmigrant Status I-539 Application To Extend/Change Nonimmigrant Status Application to Extend/Change Nonimmigrant Status (efile) I-539 (e-file) Application to Extend/Change Nonimmigrant Status Biometric Processing Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status I-539A Supplemental Information for Application to Extend/Change Nonimmigrant Status

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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: There is an increase in the estimated annual hour burden to respondents for this collection of information as a result of the increase in the estimated hour burden per response for biometrics collection from 1.17 hours to 3.67 hours, as well as an adjustment to the estimated hour burden for the I-539 (paper.) There is no change in the estimated annual cost burden to respondents for this collection of information.

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Annual Cost to Federal Government: $123,869,995

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: Manuel Avendano 202 272-9747 [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: 09/15/2020

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