[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57142-57143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23219]


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DEPARTMENT OF STATE

[Public Notice: 10932]


60-Day Notice of Proposed Information Collection: Public Charge 
Questionnaire

ACTION: Notice of request for public comment.

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SUMMARY: The Department of State (``Department'') is seeking Office of 
Management and Budget (OMB) approval for the information collection 
described below. In accordance with the Paperwork Reduction Act of 
1995, we are requesting comments on this collection from all interested 
individuals and organizations. The purpose of this notice is to allow 
60 days for public comment preceding submission of the collection to 
OMB.

DATES: The Department will accept comments from the public up to 
December 23, 2019.

ADDRESSES: You may submit comments by any of the following methods:
     Web: Persons with access to the internet may comment on 
this notice by going to www.Regulations.gov. You can search for the 
document by entering ``Docket Number: DOS-2019-0037'' in the Search 
field. Then click the ``Comment Now'' button and complete the comment 
form.
     Email: [email protected].
    You must include the DS form number (if applicable), information 
collection title, and the OMB control number in any correspondence.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information regarding the collection listed in this notice, including 
requests for copies of the proposed collection instrument and 
supporting documents to Megan Herndon, who may be reached over 
telephone at (202) 485-7586 or email at [email protected].

SUPPLEMENTARY INFORMATION: 
     Title of Information Collection: Public Charge 
Questionnaire.
     OMB Control Number: New Collection.
     Type of Request: New Collection.
     Originating Office: Bureau of Consular Affairs, Visa 
Office (CA/VO).
     Form Number: DS-5540.
     Respondents: Immigrant visa applicants, including 
diversity visa applicants, and certain nonimmigrant visa applicants.
     Estimated Number of Respondents: 450,500.
     Estimated Number of Responses: 450,500.
     Average Time per Response: 60 minutes (10 minutes for 
applicants completing only questions 4 and 4A, estimated to be 500 of 
the 450,500 total applicants).
     Total Estimated Burden Time: 450,084 hours.
     Frequency: Once per respondent's application.
     Obligation to respond: Required to Obtain or Retain a 
Benefit.
    We are soliciting public comments that assist the Department in:
     Evaluating whether the proposed information collection is 
necessary for the proper functions of the Department;
     Evaluating the accuracy of our estimate of the time and 
cost burden of this proposed collection, including the validity of the 
methodology and assumptions used;
     Enhancing the quality, utility, and clarity of the 
information to be collected; and,
     Minimizing the reporting burden on those who are to 
respond, including the use of automated collection techniques or other 
forms of information technology.
    Please note that comments submitted in response to this Notice are 
public record. Before including any detailed personal information, you 
should be aware that your comments as submitted, including your 
personal information, will be available for public review.

Abstract of Proposed Collection

    The Department seeks to better ensure that aliens subject to the 
public charge inadmissibility ground are self-sufficient and will not 
rely on public resources to meet their needs, but rather, will rely on 
their own capabilities, as well as the resources of sponsors. Through 
the DS-5540, the Department will collect information in a standardized 
format regarding applicants' ability to financially support themselves 
following entry into the United States, without depending on government 
assistance. Fields primarily pertain to the applicant's health, family 
status, assets, resources, financial status, education, skills, health 
insurance coverage, and tax history. The DS-5540 would also require 
applicants to provide information on whether they have received certain 
specified public benefits from a U.S. Federal, state, local or tribal 
government entity on or after October 15, 2019. Consular officers will 
use the completed forms in assessing whether an applicant is likely to 
become a public charge, and is thus ineligible for a visa under section 
212(a)(4)(A) of the Immigration and Nationality Act (``INA''). This 
collection is consistent with the burden of proof on applicants

[[Page 57143]]

under section 291 of the INA to establish that they are eligible to 
receive a visa, including that they are not inadmissible under any 
provision of the INA.
    Sponsors of immigrant visa applicants must currently provide 
information regarding their ability to financially support the 
applicant on an I-864, Affidavit of Support, which consular officers 
use in considering whether the applicant is likely to depend on certain 
forms of government assistance. Visa applicants provide limited 
optional input on the I-864 regarding their assets. The DS-5540 will be 
used to collect more detailed information on an applicant's ability to 
support himself or herself. Consular officers will use the information 
to assess whether the applicant is likely to become a public charge, 
based on the totality of the circumstances.
    Applicants for immigrant visas, including diversity visas, will be 
required to complete the DS-5540, except for categories of applicants 
that are exempt from the public charge ground of inadmissibility. The 
exempted categories are listed in 8 CFR 212.23(a). Exempted categories 
include applicants seeking immigrant visas based on qualified service 
to the U.S. government as an interpreter in Afghanistan or Iraq, visas 
based on a self-petition under the Violence Against Women Act, and 
visas for special immigrant juveniles. Additionally, a consular officer 
has discretion to require a nonimmigrant visa applicant to complete the 
DS-5540, when the officer determines the information is needed, for 
example, if the officer is not satisfied, based on other available 
information, that the applicant would be self-sufficient during his or 
her period of stay. A consular officer may also request any immigrant 
visa applicant not subject to public charge, but subject to The 
Presidential Proclamation on the Suspension of Entry of Immigrants Who 
Will Financially Burden the United States Healthcare System (Oct. 4, 
2019), to complete questions 4 and 4A from Form DS-5540 to establish 
that the applicant will be covered by an approved health insurance plan 
within 30 days of entry into the United States, or that the applicant 
possesses sufficient financial resources to cover reasonably 
foreseeable medical costs.

Methodology

    The DS-5540 will be available online in fillable PDF format. 
Immigrant visa applicants will download the completed form and then 
upload and submit the completed DS-5540 and other supporting 
documentation as a part of their immigrant visa application through the 
Consular Electronic Application Center (CEAC). Nonimmigrant visa 
applicants who are required to submit this form will be able to do so 
via email or in hard copy.

Carl C. Risch,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2019-23219 Filed 10-23-19; 8:45 am]
 BILLING CODE 4710-06-P