Application to Extend/Change Nonimmigrant Status

OMB Control No: 1615-0003	ICR Reference No: 202306-1615-007
Status: Active	Previous ICR Reference No: 202202-1615-007
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: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/27/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/24/2023
Terms of Clearance: USCIS is reporting a decrease to the estimated annual time burden for this collection of information, as a result of an increase in the estimated number of respondents for both the I-539 and the I-539A, a decrease of 9 minutes to the estimated hour burden for the I-539 and I-539A, and the removal of biometrics processing.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2026	36 Months From Approved	12/31/2024
Responses	424,044	0	490,098
Time Burden (Hours)	534,365	0	675,145
Cost Burden (Dollars)	69,874,000	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.

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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
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 5903	01/30/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 40315	06/21/2023
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

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	424,044	490,098	0	-66,054	0	0
Annual Time Burden (Hours)	534,365	675,145	0	-140,780	0	0
Annual Cost Burden (Dollars)	69,874,000	42,700,928	0	27,173,072	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: USCIS is reporting a decrease to the estimated annual time burden for this collection of information, as a result of an increase in the estimated number of respondents for both the I-539 and the I-539A, a decrease of 9 minutes to the estimated hour burden for the I-539 and I-539A, and the removal of biometrics processing. While the overall savings only appears to be 9 minutes per response, USCIS accounted for a savings of 20.6 minutes per response due to our total burden reduction efforts. We were able to save a total of 20.6 mins by removing Inadmissibility question about criminal group activity, streamlining the new signature language, removing the biometrics service appointment language, and by reorganization, streamlining and updating general and standard language throughout the instructions. Part of this total burden savings was offset by the addition of program required questions, such as SEVIS ID number, name of school, rewording of the processing information section, and changes to the instructions, such as clarifying language for F1 nonimmigrants, TPS language edits, dependents language edits, amendments to V language, and K nonimmigrant language. Similar changes were also made to the I-539A form. The form instructions for Form I-539A have been removed and folded into those of Form I-539

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Annual Cost to Federal Government: $114,700,000

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: 07/24/2023

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