View Information Collection Request (ICR) Package
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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:
1615-0075
ICR Reference No:
202403-1615-001
Status:
Active
Previous ICR Reference No:
202310-1615-014
Agency/Subagency:
DHS/USCIS
Agency Tracking No:
I-864
Title:
Affidavit of Support Under Section 213A of the INA
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
10/17/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/08/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2027
36 Months From Approved
01/31/2026
Responses
769,145
0
867,264
Time Burden (Hours)
3,182,634
0
3,445,839
Cost Burden (Dollars)
135,569,525
0
159,608,680
Abstract:
USCIS uses the data collected on Form I-864 to determine whether the sponsor has the ability to support the sponsored alien under section 213A of the Immigration and Nationality Act (INA). This form standardizes evaluation of a sponsor’s ability to support the sponsored alien and ensures that basic information required to assess eligibility is provided by petitioners. Form I-864A is a contract between the sponsor and the sponsor’s household members. It is only required if the sponsor used the income of his or her household members to reach the required 125 percent of the Federal poverty guidelines. The contract holds these household members jointly and severally liable for the support of the sponsored immigrant. The information collection required on Form I-864A is necessary for public benefit agencies to enforce the Affidavit of Support in the event the sponsor used income of his or her household members to reach the required income level and the public benefit agencies are requesting reimbursement from the sponsor. USCIS uses Form I-864EZ in exactly the same way as Form I-864; however, less information is collected from the sponsors as less information is needed from those who qualify in order to make a thorough adjudication. USCIS uses Form I-864W to determine whether the intending immigrant meets the criteria for exemption of section 213A requirements. This form collects the immigrant’s basic information, such as name and address, the reason for the exemption, and accompanying documentation in support of the immigrant’s claim that they are not subject to section 213A.
Authorizing Statute(s):
US Code:
8 USC 1183a
Name of Law: Immigration Nationality Act
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:
88 FR 73612
10/26/2023
30-day Notice:
Federal Register Citation:
Citation Date:
89 FR 48184
06/05/2024
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Affidavit of Support Under Section 213A of the INA
I-864
Affidavit of Support Under Section 213A of the INA
Affidavit of Support Under Section 213A of the INA
I-864EZ
Affidavit of Support of Support Under Section 213A of the INA
Contract Between Sponsor and Household Member
I-864A
Contract Between Sponsor and Household Member
Request for Exemption for Intending Immigrant's Affidavit of Support
I-864W
Request for Exemption for Intending Immigrant's Affidavit of Support
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
769,145
867,264
0
-98,119
0
0
Annual Time Burden (Hours)
3,182,634
3,445,839
0
-209,255
-53,950
0
Annual Cost Burden (Dollars)
135,569,525
159,608,680
0
-24,039,155
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:
Yes
Burden Reduction Due to:
Changing Forms
Short Statement:
The estimated annual time burden (in hours) decreased due to the removal of various questions and information, eliminating the I-864W, Request for Exemption for Intenting Immigrant’s Affidavit of Support, and adding these contents to the I-485, I-600, and I-800, and adding new condensed signature language in the Form and Instructions. There are no other program changes. The estimated annual cost burden to respondents decreased due to the elimination of the I-864W, Request for Exemption for Intenting Immigrant’s Affidavit of Support, and adding these contents to the I-485, I-600, and I-800. There are no other program changes.
Annual Cost to Federal Government:
$23,240,490
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.
No
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.
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?
No
Agency Contact:
Megan Barker 202 272-9135 megan.m.barker@uscis.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:
08/08/2024
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