Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
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:
1651-0111
ICR Reference No:
202310-1651-001
Status:
Active
Previous ICR Reference No:
202112-1651-004
Agency/Subagency:
DHS/USCBP
Agency Tracking No:
Title:
Arrival and Departure Record and Electronic System for Travel Authorization (ESTA)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
10/13/2023
OIRA Conclusion Action:
Approved without change
Conclusion Date:
10/19/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/12/2023
Terms of Clearance:
Approved for 6 months contingent on the agency beginning normal clearnace procedures to revise the collection (i.e., issuing a 60-day FRN for public comment) within 60 days of OIRA approval. Previous terms of clearance continue to apply and are copied below: Terms of clearance: CBP will collect data on the efficacy of the “live” facial photograph to support identification and screening and to deter malafide actors. Additionally, CBP will collect data to determine how well the "liveness" test works across different demographic groups in order to assess whether the new biometrics collection is both equitable and reliable. This information will be provided to OIRA at the next revision or renewal action.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2024
6 Months From Approved
05/31/2026
Responses
24,717,623
0
24,687,623
Time Burden (Hours)
4,583,103
0
4,576,603
Cost Burden (Dollars)
178,283,850
0
432,149,201
Abstract:
Form I-94 (Arrival/Departure Record) and Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure) are used to document a traveler's admission into the United States. These forms include date of arrival, visa classification and the date the authorized stay expires. The forms are also used by business employers and other organizations to confirm legal status in the United States. The Electronic System for Travel Authorization (ESTA) applies to aliens traveling to the United States under the Visa Waiver Program (VWP) and requires that VWP travelers provide information electronically to CBP before embarking on travel to the United States.
Emergency Justfication:
On September 29, 2023, DHS published a final rule adding Israel to the list of countries designated for VWP participation at 8 C.F.R. § 217.2(a), also effective that same day. At the time, DHS projected an implementation date of November 30, 2023,3 and announced that “[b]y November 30, 2023, the Electronic System for Travel Authorization (ESTA) will be updated to allow citizens and nationals of Israel. The need for prompt implementation grew substantially on October 7, 2023, when the U.S.-designated foreign terrorist organization Hamas conducted an attack on Israel emanating from the Gaza Strip, resulting in the deaths of at least 27 U.S. citizens and 1,300 Israelis. Accelerating the implementation of the ESTA application for eligible Israeli citizens is an important way for the United States to reaffirm its support for Israel, as Israel defends itself against Hamas’ terrorist attacks, and to ensure the safety of vulnerable Israelis.
Authorizing Statute(s):
PL:
Pub.L. 110 - 53 711
Name of Law: 9/11 Act
US Code:
8 USC 235
Name of Law: Immigration and Nationality Act
US Code:
8 USC 231
Name of Law: Immigration and Nationality Act
PL:
Pub.L. 111 - 145 9
Name of Law: Travel Promotion Act
US Code:
8 USC 217
Name of Law: Immigration and Nationality Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1601-AA94
Final or interim final rulemaking
88 FR 67063
09/29/2023
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
5
IC Title
Form No.
Form Name
Arrival and Departure Record I-94
CBP Form I-94
Arrival/Departure Record
ESTA Mobile Application
Electronic System for Travel Authorization (ESTA) Web Application
I-94 Website
I-94W Nonimmigrant Visa Waiver Arrival/Departure
CBP Form I-94W
Non Immigrant Visa Waiver Arrival/Departure Record
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
24,717,623
24,687,623
0
30,000
0
0
Annual Time Burden (Hours)
4,583,103
4,576,603
0
6,500
0
0
Annual Cost Burden (Dollars)
178,283,850
432,149,201
0
-253,865,351
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:
Number of respondents increased, leading to an increase in burden. VWP Rule adds Israel to list of countries under VWP.
Annual Cost to Federal Government:
$233,473,046
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:
Shade Williams 202 365-3691 shade.williams@cbp.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:
10/12/2023
An official website of the United States government
The .gov means it's official.
The site is secure.
