Immigrant Petition by Alien Entrepreneur

OMB Control No: 1615-0026	ICR Reference No: 202109-1615-001
Status: Received in OIRA	Previous ICR Reference No: 202007-1615-014
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-526
Title: Immigrant Petition by Alien Entrepreneur
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 10/04/2021
Date Submitted to OIRA: 10/01/2021

	Requested	Previously Approved
Expiration Date	6 Months From Approved	11/30/2021
Responses	15,799	15,799
Time Burden (Hours)	28,912	28,912
Cost Burden (Dollars)	17,378,900	17,378,900

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Abstract: The form is used to petition for classification as an alien entrepreneur as provided by sections 121(b) and 162(b) of the Immigration Act of 1990. The data collected on this form will be used by USCIS to determine eligibility for the requested immigration benefit.

Emergency Justfication: On June 22, 2021, the U.S. District Court for the Northern District of California vacated the EB-5 Immigrant Investor Program Modernization Final Rule, 84 FR 35750 (July 24, 2019). The Form I-526 was revised as part of this rulemaking but because the rule was vacated, use of the revised form is no longer legally permissible. USCIS must revert back to the pre-November 2019 version of the Form I-526. Reverting to the prior version of the Form I-526 is essential to the mission of USCIS to avoid being held in contempt by the Court. USCIS cannot reasonably comply with the normal clearance procedures because the rule has already been vacated and USCIS must comply with the Court order as soon as possible. USCIS has taken all practicable steps to minimize the burden of this information collection. Accordingly, USCIS revised the Form I-526 by reverting to the pre-2019 version of the Form I-526.Changes to the form have been thoroughly reviewed and vetted by USCIS. The revisedForm I-526 reflects the EB-5 Modernization Rule vacatur on June 22, 2021.

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Authorizing Statute(s): US Code: 8 USC 1153 Name of Law: Immigration and 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: 1

IC Title Form No. Form Name Immigrant Petition by Alien Entrepreneur I-526 Immigrant Petition by Alien Entrepreneur

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ICR Summary of Burden

	Total Request	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	15,799	15,799	0	0	0	0
Annual Time Burden (Hours)	28,912	28,912	0	0	0	0
Annual Cost Burden (Dollars)	17,378,900	17,378,900	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:

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Annual Cost to Federal Government: $58,061,325

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: Megan Barker 202 272-9135 [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: 10/01/2021

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