Nonimmigrant Treaty Trader/Investor Application

OMB Control No: 1405-0101	ICR Reference No: 202408-1405-009
Status: Received in OIRA	Previous ICR Reference No: 202210-1405-001
Agency/Subagency: STATE/AFA	Agency Tracking No:
Title: Nonimmigrant Treaty Trader/Investor Application
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/29/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2024
Responses	93,000	50,000
Time Burden (Hours)	372,000	200,000
Cost Burden (Dollars)	50,000,000	50,000,000

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Abstract: Form DS-156E is completed by some applicants seeking E nonimmigrant treaty trader/investor visas to the United States. The Department will use the DS-156E to elicit information necessary to determine a foreign national's visa eligibility for such a visa.

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Authorizing Statute(s): US Code: 8 USC 1201 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
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 12369	04/29/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 12510	08/28/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name Nonimmigrant Treaty Trader/Investor Application DS-156e Nonimmigrant Treaty Trader/Investor Application Nonimmigrant Treaty Trader/Treaty Investor Application DS-156E Nonimmigrant Treaty Trader/Treaty Investor Application

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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	93,000	50,000	0	43,000	0	0
Annual Time Burden (Hours)	372,000	200,000	0	172,000	0	0
Annual Cost Burden (Dollars)	50,000,000	50,000,000	0	0	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: No

Burden Reduction Due to:

Short Statement: Much of the DS-156E cost is already incorporated into the DS-160 costs. However, processing an E visa takes an average of 13 additional minutes of locally employed staff time and an extra 1 minute of consular officer time. Using the average hourly wage with included overhead of $53.32 and $202.39 for each position respectively yields a cost of $14.92 per application. (($53.32 per hour x 13 minutes) + $202.39 per hour x 1 minute) = $14.92 per application.) Multiplied by the number of respondents, we estimate the federal government cost of the DS-156E to be $641,710.50.

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Annual Cost to Federal Government: $641,710

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: Anabel Moreno-Mendez 571 720-4400

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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: 08/29/2024

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