View Information Collection Request (ICR) Package
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View ICR - OIRA Conclusion
OMB Control No:
1653-0054
ICR Reference No:
202103-1653-001
Status:
Active
Previous ICR Reference No:
201808-1653-004
Agency/Subagency:
DHS/USICE
Agency Tracking No:
I-983
Title:
STEM OPT Extension Mentoring and Training Plan
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/24/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/30/2021
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2025
36 Months From Approved
05/31/2022
Responses
199,695
0
499,218
Time Burden (Hours)
737,540
0
1,843,779
Cost Burden (Dollars)
0
0
0
Abstract:
The information collected on the Form I-983 serves as a planning document for STEM OPT students, the SEVP-certified school, and the employer. SEVP uses the form as an evidentiary document to track the STEM OPT student’s progress, identifying the terms and conditions of the practical training and documenting the obligations of the three parties that are involved—the F-1 student, SEVP-certified school, and employer. The Student and Exchange Visitor Program (SEVP) authority for the collection of information for the Form I-983, “Training Plan for STEM OPT Students,” is from a rulemaking, “Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students,” published in the Federal Register at 80 FR 63375 (Oct. 19, 2015; NPRM; U.S. Department of Homeland Security (DHS)) and 81 FR 13039 (March 11, 2016; final rule; DHS). This supporting statement fulfills the requirement for the periodic update to that collection. DHS derives authority to manage SEVP, including tracking and monitoring aspects, from the following: • Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104208, Div. C (Sept. 30, 1996), which requires the creation of a program to collect information, on an ongoing basis, from SEVP-certified schools and exchange visitor program sponsors relating to F, M, and J nonimmigrants during the course of their stay in the United States, using electronic reporting technology to the fullest extent practicable. It further requires federal approval and authorization of schools and exchange visitor program sponsors participating in such enrollment. IIRIRA mandates collecting the identity, current U.S address, and the admission classification of the nonimmigrant; the date on which a visa under the classification was issued or extended or the date on which a change to such classification was approved by DHS; the current program status (academic or vocational) of the nonimmigrant, including whether the nonimmigrant is maintaining status as a full-time student or whether an exchange visitor is satisfying the terms and conditions of his or her program; and any disciplinary action taken by the school or the exchange visitor program sponsor against the nonimmigrant as a result of a conviction of a crime. • The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56 (Oct. 26, 2001), which amended IIRIRA to add the requirement that information be collected on the F, M, and J nonimmigrants’ date and port of entry into the United States. • Homeland Security Presidential Directive-2, issued on October 30, 2001, which requires DHS to conduct periodic and ongoing review of all schools certified to enroll F-1 and M-1 students. • The Enhanced Border Security and Visa Entry Reform Act of 2002 (EBSVERA), Public Law 107–173, 116 Stat. 543 (May 14, 2002), which requires DHS to recertify all schools approved to enroll F-1 and/or M-1 students within 2 years of its passage. Further, EBSVERA mandates that DHS conduct an additional recertification of these schools every 2 years. DHS implemented the Form I-983 information collection to provide F-1 students with science, technology, engineering, and mathematics (STEM) degrees who are approved to extend their optional practical training (OPT) with a prescribed reporting document and methodology that complies with regulations.
Authorizing Statute(s):
US Code:
8 USC 1184
Name of Law: ALIENS AND NATIONALITY
US Code:
8 USC 1372
Name of Law: ALIENS AND NATIONALITY
PL:
Pub.L. 107 - 173 543
Name of Law: ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT
PL:
Pub.L. 107 - 296 116 Stat. 2135
Name of Law: The Homeland Security Act of 2002
PL:
Pub.L. 104 - 208 Div. C
Name of Law: Illegal Immigration Reform and Immigrant Responsibility Act of 1996
US Code:
6 USC 202
Name of Law: DOMESTIC SECURITY
PL:
Pub.L. 107 - 56 October 26, 2001
Name of Law: Uniting and Strengthening America by Providing Appropriate Tools Req to Intercept & Obstruct Terrori
US Code:
8 USC 1101
Name of Law: ALIENS AND NATIONALITY
US Code:
8 USC 1103
Name of Law: ALIENS AND NATIONALITY
US Code:
8 USC 1324a
Name of Law: ALIENS AND NATIONALITY
US Code:
8 USC 1101(a)(15)(F)(i)
Name of Law: ALIENS AND NATIONALITY
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
86 FR 17619
04/05/2021
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 41076
07/30/2021
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Science, Technology, Engineering & Mathematics (STEM) Optional Practical Training (OPT)
I-983
STEM OPT EXTENSION MENTORING AND TRAINING PLAN
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
199,695
499,218
0
0
-299,523
0
Annual Time Burden (Hours)
737,540
1,843,779
0
0
-1,106,239
0
Annual Cost Burden (Dollars)
0
0
0
0
0
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:
No
Burden Reduction Due to:
Short Statement:
The public burden associated with the Form I-983, SEVP saw an average decrease of 99,841 in each respondent group: students, DSOs, and employers during this reporting cycle. This reflects the effects of the COVID-19 pandemic. SEVP predicts no increase of STEM OPT applicants during the next 3 years. SEVP anticipates a reduction in DSO burden during the next 3 years as the new SEVP portal is more fully deployed. The following table identifies the delta from previous estimates to future estimates.
Annual Cost to Federal Government:
$2,100,000
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:
Scott Elmore 202 732-2601 scott.a.elmore@ice.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:
07/30/2021