Application for Significant Public Benefit Entrepreneur and Instructions for Data Reporting Supplement
Revision of a currently approved collection
No
Emergency
10/01/2021
10/01/2021
Requested
Previously Approved
6 Months From Approved
04/30/2022
5,880
5,880
17,258
17,258
1,440,600
1,440,600
USCIS is submitting this request because DHS is proposing to require an alien seeking entrepreneur parole under its proposed rule, "Significant Public Benefit Parole for Entrepreneurs," to file Form I-941 and, when applicable, Form I-941A, to demonstrate that he or she meets the eligibility criteria for entrepreneur parole based on significant public benefit. Based on his or her grant of parole, the alien's dependent spouse and children will also be eligible to request this parole.
On January 17, 2017, the Department of Homeland Security (DHS) published a final rule with new regulatory provisions guiding the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid business growth and job creation that they would provide a significant public benefit to the United States. The Final Rule was to be effective July 17, 2017.
On July 11, 2017, DHS published a rule delaying the effective date to March 14, 2018. Two individuals, two businesses, and the National Venture Capital Association sued DHS, challenging the delay rule for violating the Administrative Procedure Act notice and comment requirement. The D.C. Circuit, agreeing with the plaintiffs, vacated the delay rule on December 1, 2017, allowing the rule to go into effect without further delay.
The January 17, 2017 rule provides specific investment and revenue amounts that can support an application for parole and re-parole. The rule also requires, at 8 CFR 212.19(l), that the investment and revenue amounts will be automatically adjusted every 3 years by the Consumer Price Index. The preamble of the rule explained that investment and revenue amounts adjusted by the CPI-U will apply to all applications filed on or after the beginning of that fiscal year. The Department of Homeland Security is publishing a final rule , consistent with the regulatory requirements, to provide notice to the public of the increased amounts to take effect at the start of Fiscal Year 2022 and also to accurately reflect the investment amounts upon adjustment.
The investment and revenue amount requirements listed on the current Form I-941 reflect the investment amounts that are in effect through the end of Fiscal Year 2021. At the start of Fiscal Year 2022 the investment amounts will be automatically adjusted as mandated by regulation, and the Form I-941 without revision, would not accurately reflect the adjusted amounts as stated in 8 CFR 212.19(a)(5), (b)(2)(ii)(B), and (c)(2)(ii)(B). These changes are essential to the mission of USCIS to efficiently and fairly adjudicate requests for immigration benefits. USCIS cannot reasonably comply with the normal clearance procedures as it would take longer than the beginning of Fiscal Year 2022 to implement; the amounts automatically adjust at that time.
US Code:
8 USC 1182
Name of Law: INA - Inadmissable Aliens
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:
(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;
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.
I-941 Emergency Memo_For Signatures final (SLD signed) eh.pdf
I-941 Supporting Statement- Emergency REV (1).docx
Biometric Processing