Notice of Appeal or Motion

OMB Control No: 1615-0095	ICR Reference No: 202308-1615-001
Status: Received in OIRA	Previous ICR Reference No: 202103-1615-008
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-290B
Title: Notice of Appeal or Motion
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/17/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2023
Responses	25,431	28,000
Time Burden (Hours)	34,764	42,000
Cost Burden (Dollars)	7,858,179	8,652,000

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Abstract: The data collected on this form is used by the USCIS to determine that an appeal or motion to reopen or reconsider meet eligibility requirements. The collection is also used by the USCIS/AAO to adjudicate the merits of an appeal or motion to reopen or reconsider.

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Authorizing Statute(s): US Code: 8 USC 1103 Name of Law: U.S. 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 19969	04/04/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 41977	06/28/2023
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Notice of Appeal to the Office of Administrative Appeals (AAO) I-290B Notice of Appeal or Motion

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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	25,431	28,000	0	0	-2,569	0
Annual Time Burden (Hours)	34,764	42,000	0	-7,236	0	0
Annual Cost Burden (Dollars)	7,858,179	8,652,000	0	0	-793,821	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: Miscellaneous Actions

Short Statement: There is a decrease in the total annual hour burden due to a decrease in the estimated average burden per response from 1.5 hours to 1.367 hours. This result stems from a decrease in the estimated number of respondents based on updated agency forecasts, a reduction of data elements and associated instructional content, and the inclusion of new condensed signature language. There is a decrease in the total estimated cost burden due to a decrease in the estimated number of respondents based on updated agency forecasts.

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Annual Cost to Federal Government: $17,165,925

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: Samantha Stout 704 762-0352 [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: 08/17/2023

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