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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1615-0023
ICR Reference No:
201511-1615-006
Status:
Historical Inactive
Previous ICR Reference No:
201508-1615-002
Agency/Subagency:
DHS/USCIS
Agency Tracking No:
I-485
Title:
Application to Register Permanent Residence or Adjust Status
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
02/04/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/10/2015
Terms of Clearance:
USCIS must request approval of this revision after reviewing public comments.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2017
36 Months From Approved
10/31/2017
Responses
749,497
0
749,497
Time Burden (Hours)
4,495,927
0
4,495,927
Cost Burden (Dollars)
0
0
0
Abstract:
Section 245 of the Immigration and Nationality Act (INA) is the primary law that provides for the adjustment of status of foreign nationals in the United States to that of a lawful permanent resident. INA Section 245A provides for the adjustment of status of “legalization” applicants. INA Section 209 provides for the adjustment of status of asylees and refugees. Special laws (cited below) provide for the adjustment of status of certain Afghan and Iraqi nationals. INA Section 249 provides for the “registry” of lawful permanent residence for persons residing continuously in the United States since before January 1, 1972. INA Section 291 provides that “whenever any person makes an application for a visa . . . or makes an application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not inadmissible under any provision of this Act, and, if an alien, that he is entitled to the . . . immigrant . . . status claimed. INA Section 204(b) states: Investigation; consultation; approval; authorized to grant preference status. After an investigation of the facts in each case, and after consultation with the Secretary of Labor with respect to [I-140] petitions to accord a status under section 203(b)(2) or 203(b), the Attorney General shall, if he determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made . . . is eligible for preference under subsection (a) or (b) of 203(b), approve the petition. INA Section 204(e) states: Subsequent finding of non-entitlement to preference classification. Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted to the United States as an immigrant under subsection (a), (b), or (c) of section 203 . . . if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification. The employment-based immigrant visa process generally involves a multi-step process that may involve various U.S. governmental departments, including USCIS, the U.S. Department of Labor (DOL), and the U.S. Department of State (DOS). Because of the passage of time between the labor certification process, the Form I-140 process, and finally the Form I-485 process, this information collection is necessary to ensure that the applicant is still entitled to classification under INA Section 203(b) and is not inadmissible to the United States at the time the Form I-485 is filed and adjudicated. Regarding inadmissibility grounds that this information collection relates to see INA Section 212(a)(5)(A); INA 212(a)(4). Additionally, Section 106(c) of The American Competitiveness in the Twenty-First Century Act of 2000, Pub. L. No. 106-313, 114 Stat. 1251 (“AC21”), amended INA Section 204 by adding subsection (j), titled “Job Flexibility for Long Delayed Applicants for Adjustment of Status to Permanent Residence.” INA Section 204(j) states: A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed. Importantly, AC21 created a parallel provision at INA Section 212(a)(5)(A)(iv) that extended the validity of any underlying labor certification if the conditions of INA Section 204(j) are satisfied.
Authorizing Statute(s):
US Code:
8 USC 1255
Name of Law: U.S. Code
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1615-AC05
Proposed rulemaking
80 FR 81899
12/31/2015
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
80 FR 81899
12/31/2015
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
6
IC Title
Form No.
Form Name
Application to Register Permanent Residence or Adjust Status
I-485
Application to Register Permanent Residence or Adjust Status
Biometrics Processing
Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
Form I-485, Supplement J
Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
Instructions for I-485, Supplement E
Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
Supplement A
Form I-485, Supplement A
Supplement C, HRIFA
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:
There is a decrease in the burden estimated for the I-485 due to a reduction in the burden last submitted. There is an overall increase of annual hour burden from 4,495,927 to 5,238,957.
Annual Cost to Federal Government:
$750,545,770
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
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?
Uncollected
Agency Contact:
Evadne Hagigal 202 272-0993 evadne.hagigal@dhs.gov
Common Form ICR:
No
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:
12/10/2015
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