Application to Extend/Change Nonimmigrant Status

OMB Control No: 1615-0003	ICR Reference No: 202012-1615-012
Status: Active	Previous ICR Reference No: 202009-1615-074
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: Emergency	Approval Requested By: 03/10/2021
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/10/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/10/2021
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2021	6 Months From Approved	03/31/2021
Responses	676,837	0	676,837
Time Burden (Hours)	893,630	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. The total estimated annual cost burden for this collection of information has increased as a result of a reevaluation of the estimated cost burden to respondents.

Emergency Justfication: On 3/09/2020, the Supreme Court vacated USCIS RIN 1615-AA22, Inadmissibility on Public Charge Grounds (short title: Public Charge Rule). As a result of the vacatur, USCIS is rescinding all changes made in the Public Charge Final Rule. Changes associated with this rule will be removed from information collection instruments that were impacted by the rule. Changes to respondent, hour burden, and cost burden estimates as a result of the Public Charge Rule will also be reverted.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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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)	893,630	959,860	0	-66,230	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: USCIS is reporting a 66,230 decrease in the time burden for the I-539 paper file option. This decrease is due to the Public Charge Grounds Vacate rule, which will remove the changes made to this information collection based on the Inadmissibility on Public Charge Grounds final rule.

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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: 03/10/2021

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