Affidavit of Support Under Section 213A of the Act

OMB Control No: 1615-0075	ICR Reference No: 202102-1615-012
Status: Active	Previous ICR Reference No: 201907-1615-016
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-864
Title: Affidavit of Support Under Section 213A of the Act
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 without 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	10/31/2021
Responses	867,264	0	769,145
Time Burden (Hours)	3,445,839	0	3,347,720
Cost Burden (Dollars)	159,608,680	0	135,569,525

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Abstract: USCIS uses the data collected on Form I-864 to determine whether the sponsor has the ability to support the sponsored alien under section 213A of the Immigration and Nationality Act. This form standardizes evaluation of a sponsor’s ability to support the sponsored alien and ensures that basic information required to assess eligibility is provided by petitioners. Form I-864A is a contract between the sponsor and the sponsor’s household members. It is only required if the sponsor used the income of his or her household members to reach the required 125 percent of the Federal poverty guidelines. The contract holds these household members jointly and severally liable for the support of the sponsored immigrant. The information collection required on Form I-864A is necessary for public benefit agencies to enforce the Affidavit of Support in the event the sponsor used income of his or her household members to reach the required income level and the public benefit agencies are requesting reimbursement from the sponsor. USCIS uses Form I-864EZ in exactly the same way as Form I-864; however, less information is collected from the sponsors as less information is needed from those who qualify in order to make a thorough adjudication. USCIS uses Form I-864W to determine whether the intending immigrant meets the criteria for exemption of section 213A requirements. This form collects the immigrant’s basic information, such as name and address, the reason for the exemption, and accompanying documentation in support of the immigrant’s claim that they are not subject to section 213A.

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 1183a Name of Law: Immigration Nationality Act

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? No

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Number of Information Collection (IC) in this ICR: 4

IC Title Form No. Form Name Affidavit of Support Under Section 213A of the Act I-864 Affidavit of Support Under Section 213A of the INA Affidavit of Support Under Section 213A of the Act I-864EZ Affidavit of Support of Support Under Section 213A of the Act Affidavit of Support Under Section 213A of the Act I-864A Contract Between Sponsor and Household Member Affidavit of Support Under Section 213A of the Act I-864W Request for Exemption for Intending Immigrant's Affidavit of Support

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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	867,264	769,145	0	98,119	0	0
Annual Time Burden (Hours)	3,445,839	3,347,720	0	98,119	0	0
Annual Cost Burden (Dollars)	159,608,680	135,569,525	0	24,039,155	0	0

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: No

Burden Reduction Due to:

Short Statement: As a result of the Public Charge Rule Rescission, USCIS is reinstating the Form I-1864W instrument under this information collection, which results in an increase in the estimated number of respondents and an increase in the estimated annual time burden. The estimated number of respondents increased by 98,119; the estimated annual time burden increased by 98,119 hours. The estimated annual cost burden to respondents for this collection of information is increasing from $135,569,525 to $159,608,680, an increase of $24,039,155. The increase is the result of the reinstatement of Form I-864W, which added respondents who will incur out-of-pocket costs.

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Annual Cost to Federal Government: $27,361,488

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.     No

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.     No

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: 03/10/2021

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