Application to Extend/Change Nonimmigrant Status

OMB Control No: 1615-0003	ICR Reference No: 202009-1615-074
Status: Active	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: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/03/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/30/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/23/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2021	03/31/2021	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.

Emergency Justfication: On Wednesday, July 29, 2020, DHS was enjoined by the U.S. District Court for the Southern District of New York from enforcing, applying, implementing, or treating as effective the Public Charge Final Rule, which was implemented on February 24, 2020, in the states of NY, CT, and VT. USCIS has been advised by the U.S. Department of Justice that the injunction covers the use of this information collection instrument approved with the Public Charge Final Rule. In light of the injunction, USCIS will need to revise this form’s instructions to provide guidance to filers from those states that they should not fill out the data elements added pursuant to the Public Charge Final Rule.

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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-AA22	Final or interim final rulemaking	84 FR 41292	08/14/2019

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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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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	676,837	676,837	0	0	0	0
Annual Time Burden (Hours)	959,860	959,860	0	0	0	0
Annual Cost Burden (Dollars)	42,700,928	42,700,928	0	0	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: No

Burden Reduction Due to:

Short Statement: USCIS is reporting a 66,230 increase in the time burden for the I-539 paper file option. This increase is due to a more accurate calculation of the estimated time burden to complete form I-539 paper file option in response to the changes proposed in the Inadmissibility on Public Charge Grounds Rule. The 2.38 hrs time burden change was listed in the Notice of Proposed Rulemaking, but was inadvertently omitted in the Final Rulemaking publication. USCIS is correcting this inadvertence through a non-substantive change request via OMB Form 83-I.

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Annual Cost to Federal Government: $113,288,175

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: 09/23/2020

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