[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Proposed Rules]
[Pages 62432-62481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21504]



[[Page 62431]]

Vol. 85

Friday,

No. 192

October 2, 2020

Part IV





 Department of Homeland Security





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8 CFR Part 213a





Affidavit of Support on Behalf of Immigrants; Proposed Rule

  Federal Register / Vol. 85 , No. 192 / Friday, October 2, 2020 / 
Proposed Rules  

[[Page 62432]]


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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 213a

[CIS No. 2655-20; DHS Docket No. USCIS-2019-0023]
RIN 1615-AC39


Affidavit of Support on Behalf of Immigrants

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Homeland Security (DHS) proposes to 
amend its regulations governing the affidavit of support requirements 
under section 213A of the Immigration and Nationality Act (INA or the 
Act). Certain immigrants are required to submit an Affidavit of Support 
Under Section 213A of the INA (Affidavit) executed by a sponsor who 
agrees to provide financial support to the sponsored immigrant and 
accepts liability for reimbursing the costs of any means-tested public 
benefits a sponsored immigrant receives while the Affidavit is in 
effect pursuant to section 213A(a)(2) of the INA. DHS proposes to 
clarify how a sponsor demonstrates the means to maintain income as 
required under section 213A(f)(6) of the Act such as revising the 
documentation that sponsors and household members must submit to meet 
the requirements under section 213A(f) of the Act. DHS proposes to 
modify when an applicant is required to submit an Affidavit from a 
joint sponsor, who may be a household member for purposes of executing 
a Contract Between Sponsor and Household Member (Contract), and who is 
considered as part of a sponsor's household size. DHS also proposes to 
update reporting and information sharing requirements between 
authorized parties and USCIS.

DATES:  Written comments must be submitted on this proposed rulemaking 
on or before November 2, 2020. Comments on the collection of 
information (see Paperwork Reduction Act section) must be received on 
or before December 1, 2020. Comments on both the proposed rulemaking 
and the collection of information received on or before November 2, 
2020 will be considered by DHS and USCIS. Only comments on the 
collection of information received between November 2, 2020 and 
December 1, 2020 will be considered by DHS and USCIS. Note: Comments 
received after November 2, 2020 on the proposed rulemaking rather than 
those specific to the collection of information will not be considered 
by DHS and USCIS.

ADDRESSES: You may submit comments on the entirety of this proposed 
rule package, identified by DHS Docket No. USCIS-2019-0023, through the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
website instructions for submitting comments.
    Comments submitted in a manner other than the one listed above, 
including emails or letters sent to DHS or USCIS officials, will not be 
considered comments on the proposed rule and may not receive a response 
from DHS. Please note that DHS and USCIS cannot accept any comments 
that are hand delivered or couriered. In addition, USCIS cannot accept 
comments contained on any form of digital media storage devices, such 
as CDs/DVDs and USB drives. Due to COVID-19, USCIS is also not 
accepting mailed comments at this time. If you cannot submit your 
comment by using http://www.regulations.gov, please contact Samantha 
Deshommes, Chief, Regulatory Coordination Division, Office of Policy 
and Strategy, U.S. Citizenship and Immigration Services, Department of 
Homeland Security, by telephone at 202-272-8377 for alternate 
instructions.

FOR FURTHER INFORMATION CONTACT: Mark Phillips, Residence and 
Naturalization Chief, Office of Policy and Strategy, U.S. Citizenship 
and Immigration Services, DHS, 20 Massachusetts NW, Washington, DC 
20529-2140; telephone 202-272-8377.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation
II. Executive Summary
    A. Purpose and Summary of the Regulatory Action
    B. Summary of Legal Authority
    C. Costs and Benefits
III. Background and Purpose
    A. Statutory Authority
    B. Prior Rulemaking
    C. Current Processing of an Affidavit of Support Under Section 
213A of the INA
    D. Reimbursement Process
    E. Information Sharing
    F. Problems Arising From Current Processes
IV. Discussion of Proposed Rule
    A. Requiring Joint Sponsors in Certain Circumstances
    B. Changes to ``Household Income'' Definition
    C. Changes to ``Household Size''
    D. Revised Evidentiary Requirements
    E. Bank Account Information
    F. Address Change Requirements
    G. Information Sharing Provisions
    H. Revised Definitions
    I. Clarifying Affidavit Requirements for Certain Children of 
U.S. Citizens Acquiring U.S. Citizenship
    J. Miscellaneous Other Changes
    K. Transition Period
V. Statutory and Regulatory Requirements
    A. Executive Orders: 12866 and 13563
    B. Regulatory Flexibility Act
    C. Small Business Regulatory Enforcement Fairness Act of 1996
    D. Congressional Review Act
    E. Unfunded Mandates Reform Act of 1995
    F. Executive Order 13132: Federalism
    G. Executive Order 12988: Civil Justice Reform
    H. Paperwork Reduction Act
    I. Family Assessment
    J. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    K. National Environmental Policy Act (NEPA)
    L. National Technology Transfer and Advancement Act
    M. Signature

Table of Abbreviations

DHS--Department of Homeland Security
DOJ--Department of Justice
DOS--Department of State
EOIR--Executive Office for Immigration Review
FCRA--Fair Credit Reporting Act
HHS--Department of Health and Human Services
INA--Immigration and Nationality Act
INS--Immigration and Naturalization Service
USCIS--U.S. Citizenship and Immigration Services

I. Public Participation

    DHS invites all interested parties to participate in this 
rulemaking process by submitting written data, views, comments, and 
arguments on all aspects of this proposed rule. DHS also invites 
comments that relate to the economic, environmental, or federalism 
effects that might result from this proposed rule. Comments must be 
submitted in English, or an English translation must be provided. 
Comments that will provide the most assistance to USCIS in implementing 
these changes will reference a specific portion of the proposed rule, 
explain the reason for any recommended change, and include data, 
information, or authority that support such recommended change.
    Instructions: If you submit a comment, you must include the agency 
name (U.S. Citizenship and Immigration Services) and the DHS Docket No. 
USCIS-2019-0023 for this rulemaking. Regardless of the method used for 
submitting comments or materials, all submissions will be posted, 
without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you 
provide. Therefore, submitting this information makes it

[[Page 62433]]

public. You may wish to consider limiting the amount of personal 
information that you provide in any voluntary public comment submission 
you make to DHS. DHS may withhold information provided in comments from 
public viewing that it determines may impact the privacy of an 
individual or is offensive. For additional information, please read the 
Privacy and Security Notice available at http://www.regulations.gov.
    Docket: For access to the docket and to read background documents 
or comments received, go to http://www.regulations.gov, referencing DHS 
Docket No. USCIS-2019-0023. You may also sign up for email alerts on 
the online docket to be notified when comments are posted or a final 
rule is published.

II. Executive Summary

A. Purpose and Summary of the Regulatory Action

    DHS is proposing to amend its regulations related to the Affidavit 
of Support Under Section 213A of the INA (Affidavit). The proposed rule 
changes certain requirements for the Affidavit and is intended to 
better ensure that all sponsors, as well as household members who 
execute a Contract Between Sponsor and Household Member (Contract), 
have the means to maintain income at the applicable income threshold 
and are capable of meeting their support obligations under section 213A 
of the INA, 8 U.S.C. 1183a, during the period in which the Affidavit or 
the Contract is enforceable. This proposed rule is also aimed at 
strengthening the enforcement mechanism for the Affidavit so that 
sponsors and household members who agree to use their income and assets 
to support the sponsored immigrant are held accountable if the 
sponsored immigrant ultimately receives means-tested public benefits 
during the period in which the Affidavit or the Contract is 
enforceable.
    First, this proposed rule would update the evidentiary requirements 
for sponsors submitting an Affidavit, which will better enable 
immigration officers and immigration judges to determine whether the 
sponsor has the means to maintain an annual income at or above the 
applicable threshold, and whether the sponsor can, in fact, provide 
such support to the intending immigrant and meet all support 
obligations during the period the Affidavit is in effect. Specifically, 
this proposed rule would require sponsors and household members who 
execute an Affidavit or Contract to provide Federal income tax returns 
for 3 years, credit reports, credit scores, and bank account 
information.
    Second, this proposed rule would also amend the regulations to 
specify that a sponsor's prior receipt of any means-tested public 
benefits and a sponsor's failure to meet support obligations on another 
executed Affidavit, or household member obligations on a previously 
executed Contract, will impact the determination as to whether the 
sponsor has the means to maintain the required income threshold to 
support the immigrant. Receipt of means-tested public benefits by a 
sponsor may indicate that the sponsor does not have the financial means 
to maintain an annual income equal to at least 125 percent of the 
Federal poverty line,\1\ or 100 percent of the Federal poverty line for 
an individual who is on active duty (other than active duty for 
training) in the Armed Forces of the United States and who is 
petitioning for his or her spouse or child,\2\ and is relevant to 
determining whether the sponsor can, in fact, provide such support to 
the intending immigrant during the period of enforceability. Similarly, 
whether a sponsor has previously failed to fulfill his or her support 
obligations is relevant to determining whether the sponsor will meet 
future support obligations. Specifically, this proposed rule would 
require an applicant submitting an application for an immigrant visa or 
adjustment of status on or after the effective date of this rule to 
submit a Form I-864 executed by a joint sponsor if a petitioning 
sponsor or substitute sponsor received any means-tested public benefits 
on or after the effective date of this rule and within the 36-month 
period prior to executing the Affidavit, or if the petitioning sponsor 
or substitute sponsor had a judgment entered against him or her at any 
time for failing to meet any prior sponsorship or household member 
obligation. Furthermore, this proposed rule would only allow an 
individual to be a joint sponsor if he or she has neither received 
means-tested public benefits on or after the effective date of this 
rule and within the 36 month period prior to executing the Affidavit, 
nor had a judgment entered against him or her at any time for failing 
to meet a prior sponsorship or household member obligation.
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    \1\ See INA section 213A(f)(1)(E), 8 U.S.C. 1183a(f)(1)(E).
    \2\ See INA section 213A(f)(3), 8 U.S.C. 1183a(f)(3).
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    Third, this proposed rule would revise the current regulatory 
requirements concerning who can qualify as a household member for 
purposes of submitting and executing a Form I-864A. Currently, there is 
no limitation on the number of household members who may execute a Form 
I-864A. DHS intends to permit only a sponsor's spouse or an intending 
immigrant with the same principal residence (same principal residence 
upon immigrating, in the case of an intending immigrant consular 
processing) as the sponsor to execute Form I-864A, which will better 
ensure that the income a household member promises to make available to 
support the intending immigrant is actually available.
    Fourth, this proposed rule would update and improve how means-
tested public benefit-granting agencies obtain information from USCIS 
and how they can provide information to USCIS. The current regulations 
require a duly issued subpoena before USCIS can provide a certified 
copy of the Form I-864 or Form I-864EZ for use in any action to enforce 
the support obligation.\3\ The proposed rule would eliminate the 
requirement of a duly issued subpoena before USCIS will provide a 
certified copy of Form I-864 or Form I-864EZ to a requesting party and 
instead allow requesting parties to submit a formal request for an 
Affidavit or a Contract to USCIS. A requestor will submit a formal 
request using a new form created by DHS, G-1563, Request for Certified 
Copy of Affidavit of Support Under Section 213A of the INA or Contract 
Between Sponsor and Household Member. DHS also proposes to revise the 
process for informing USCIS about judgments obtained against sponsors 
and indigency determinations to give USCIS flexibility to determine a 
more efficient mechanism for information reporting. The current 
regulations require that copies of judgments and indigency 
determinations must be mailed to a specific USCIS office in Washington, 
DC \4\ The proposed rule would remove the address specified in the 
regulation \5\ and permit USCIS to provide a different mechanism for 
submitting copies of judgments and indigency determinations.
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    \3\ See 8 CFR 213a.4(a)(3).
    \4\ See 8 CFR 213a.4(c).
    \5\ See 8 CFR 213a.4(c)(3).
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    Fifth, DHS proposes to update the regulation to clarify which 
categories of aliens are exempt from the Affidavit requirement, and to 
add and revise definitions to provide greater clarity and to conform to 
statutory changes made since the current regulation was adopted in 
2006.
    Sixth, DHS proposes to update the regulation by clarifying that the 
notification of change of address

[[Page 62434]]

requirement under section 213A(d) of the Act, 8 U.S.C. 1183a(d) also 
applies to household members who execute a Contract in addition to 
sponsors. This change allows DHS to provide current household member 
information to means-tested benefit granting agencies and appropriate 
entities in accordance with section 213A of the Act, 8 U.S.C. 1183a(a), 
and creates parity between the requirements of sponsors and household 
members.
    Last, DHS proposes other minor revisions to the regulations to 
update definitions, eliminate form numbers, and revise outdated 
terminology. DHS proposes to replace the term ``affidavit of support 
attachment'' with ``Contract Between Sponsor and Household Member'', 
which is the name of the relevant form (Form I-864A), throughout the 
regulation. DHS also proposes to clarify that, for purposes of an 
Affidavit and a Contract, assets used to meet the required threshold 
must be those that can be readily converted to cash.
    DHS is also proposing corresponding changes to the Form I-864, 
Affidavit of Support Under Section 213A of the Act, Form I-864 EZ, 
Affidavit of Support Under Section 213A of the Act, and Form I-864A, 
Contract Between Sponsor and Household Member. Simultaneously, DHS is 
proposing to eliminate the use and consideration of the Request for 
Exemption for Intending Immigrant's Affidavit of Support, Form I-864W, 
currently applicable to certain classes of aliens.

B. Summary of Legal Authority

    The Secretary of Homeland Security's authority for the proposed 
regulatory amendments is found in section 213A of the Act, 8 U.S.C. 
1183a, which governs Affidavits, and section 212(a)(4) of the Act, 8 
U.S.C. 1182(a)(4), which governs public charge inadmissibility, 
including which aliens are required to execute an Affidavit. In 
addition, section 103(a)(3) of the Act, 8 U.S.C. 1103(a)(3), authorizes 
the Secretary to establish such regulations as he deems necessary for 
carrying out his authority under the INA.

C. Costs and Benefits

    The proposed rule would impose new net costs on the population of 
sponsors executing an Affidavit using Form I-864 or Form I-864EZ, as 
well as on the population of household members who execute a Contract 
using Form I-864A so that a sponsor can use the household member's 
income and/or assets to demonstrate means to maintain income. 
Additionally, the proposed rule would impose new net costs on the 
population executing Form I-864A as a household member who would now be 
required to submit Form I-865 to provide notice of a change of address 
after moving. Moreover, the proposed rule would produce some cost 
savings for immigrants applying for adjustment of status who would have 
needed to request an exemption from filing an Affidavit as DHS is 
proposing to eliminate Form I-864W for use when filing Form I-485. 
Instead, individuals would be required to provide the information 
previously requested on Form I-864W when filing Form I-485. DHS has 
determined that the information an applicant provides on Form I-485 
would be sufficient for an adjudications officer to be able to verify 
whether an immigrant is statutorily required to file an Affidavit.
    This proposed rule also would impose new costs on those from a 
party or entity authorized to bring an action to enforce an Affidavit 
or Contract making a formal request using the proposed new Form G-1563, 
Request for Certified Copy of Affidavit of Support Under Section 213A 
of the INA or Contract Between Sponsor and Household Member, so that 
USCIS may provide a certified copy of the requested Affidavit or 
Contract that has been executed on behalf of a sponsored immigrant for 
use as evidence in any action of enforcement. DHS estimates the total 
cost for filing the proposed new Form G-1563 would be approximately 
$779 annually.\6\
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    \6\ Calculation: $31.17 (cost per filer to file Form G-1563) * 
25 (estimated annual population who would make a formal request 
using Form G-1563) = $779.25 = $779 (rounded) annual total cost to 
file Form G-1563.
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    DHS estimates the total new quantified net costs imposed by the 
proposed rule would be $240,314,623 annually for sponsors filing an 
Affidavit for an intending immigrant using Form I-864 and Form I-864EZ, 
for those executing a Contract using Form I-864A, and for those 
submitting a notice of a change of address after moving using Form I-
865, for those filing Form G-1563 to make a formal request for a 
certified copy of and Affidavit or Contract, as well as accounting for 
the estimated cost savings for immigrants applying for adjustment of 
status who would have needed to request an exemption from filing an 
Affidavit as DHS is proposing to eliminate Form I-864W for use when 
filing Form I-485. The estimated new quantified net costs of the 
proposed rule would be based on an increased opportunity costs of time 
for completing Form I-864, Form I-864A, and Form I-864EZ,\7\ as well as 
new requirements for completing these forms, including:
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    \7\ The quantified cost of the new requirement to provide bank 
account information for those individuals filing Forms I-864, I-864A 
and I-864EZ are accounted for in the increased time burden estimate 
for completing these forms.
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     Obtaining credit reports and credit scores,
     obtaining Internal Revenue Service (IRS)-issued certified 
copies or transcripts of Federal income tax returns for the 3 most 
recent taxable years, and
     opportunity cost of time to file IRS Form 4506, Request 
for Copy of Tax Return, to obtain IRS-issued certified Federal income 
tax returns for completing Form I-864 and Form I-864EZ.
    The estimated new quantified costs of the proposed rule also would 
be based on the proposed requirement that those who file Form I-864A 
use Form I-865 to provide notice of a change of address after moving.
    Over the first 10 years of implementation, DHS estimates the total 
quantified new net costs of the proposed rule would be $2,403,146,230 
(undiscounted). DHS estimates that the 10-year discounted total net 
costs of this proposed rule would be about $2,049,932,479 at a 3 
percent discount rate and about $1,687,869,350 at a 7 percent discount 
rate.
    The primary benefit of the proposed rule would be to better ensure 
that the sponsored immigrant is financially supported as is required by 
law and that means-tested public benefit agencies can more efficiently 
seek reimbursement from sponsors and household members when a sponsored 
immigrant receives any means-tested public benefit.
    DHS also anticipates the proposed rule to produce benefits by 
strengthening the enforcement mechanism for Affidavits and Contracts 
through elimination of the subpoena requirement in 8 CFR 213a.4 to make 
it easier for means-tested public benefits granting agencies to recover 
payment for any means-tested public benefits that an intending 
immigrant receives during the period in which an Affidavit or a 
Contract is enforceable. The proposed rule would update the evidentiary 
requirements for sponsors submitting an Affidavit and household members 
submitting Contracts, which would provide immigration officers and 
immigration judges more effective ways to determine whether individuals 
have the means to maintain an annual income at or above the outlined 
income threshold and provide financial support to the intending 
immigrant and meet all support obligations during the period an

[[Page 62435]]

Affidavit is in effect. Additionally, the proposed rule would update 
and improve how means-tested public benefit-granting agencies obtain 
immigration status information from USCIS about individuals who are 
seeking means-tested public benefits and how means-tested public 
benefit-granting agencies provide information to USCIS.
    Table 1 provides a more detailed summary of the proposed provisions 
and their impacts.

                 Table 1--Summary of Major Provisions and Economic Impacts of the Proposed Rule
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               Provisions                      Proposed provision        Estimated impact of proposed provision
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Amending 8 CFR 213a.1. Definitions......  To add new and update        Quantitative:
Revising 8 CFR 213a.2. Use of Affidavit    existing definitions.       Costs:
 of Support.                              Outlines circumstances,       Total annual net costs of the
                                           requirements, and            proposed rule would be about $240.3
                                           exemptions for executing     million, including:
                                           an Affidavit of Support      $226.6 million to applicants who
                                           Under Section 213A of the    must file Form I-864;
                                           INA.                         $10.63 million to those who must
                                                                        complete Form I-864A;
                                                                        $6.75 million to applicants who
                                                                        must file Form I-864EZ;
                                                                        $3.68 million cost savings to
                                                                        applicants from eliminating Form I-864W;
Adding 8 CFR 213a.3 Change of Address...  Requires sponsors and         $2,751 to those who must file
                                           household members to         Form I-865; and
                                           notify USCIS of any change   $779 to those who file the
                                           of address within 30 days    proposed new Form G-1563.
                                           while the sponsor's and/or   Total net costs over a 10-year
                                           household member's support   period would range from:
                                           obligation is in effect..    $2.40 billion for undiscounted
                                                                        net costs;
                                                                        $2.05 billion at a 3 percent
                                                                        discount rate; and
                                                                        $1.69 billion at a 7 percent
                                                                        discount rate.
Amending 8 CFR 213a.4. Actions for        Outlines process by which    Qualitative:
 reimbursement, public notice, and         USCIS provides a certified  Costs
 congressional reports.                    copy of Affidavit of         The proposed rule may impose
                                           Support Under Section 213A   some costs if a joint sponsor must
                                           of the INA or Contract       execute an Affidavit in cases where a
                                           Between Sponsor and          sponsor has received any means-tested
                                           Household Member that has    public benefits within 36 months of
                                           been executed to a party     filing the Affidavit and/or has failed
                                           or authorized entity.        to meet the support or reimbursement
                                                                        obligations under an existing Affidavit
                                                                        or Contract. There could be a reduction
                                                                        in the number of immigrants granted an
                                                                        immigration benefit in cases where the
                                                                        intending immigrant is unable to obtain
                                                                        a sponsor who can meet the new
                                                                        requirements under this proposed rule.
                                                                        The proposed rule could result
                                                                        in some sponsors and joint sponsors who
                                                                        may intend to sponsor a family member in
                                                                        the future to forego enrollment or
                                                                        disenroll from a means-tested public
                                                                        benefits program to avoid triggering the
                                                                        proposed additional requirements.
                                                                        The proposed rule may result in
                                                                        an increased number of individuals with
                                                                        support obligations who are held
                                                                        accountable for the reimbursement of the
                                                                        cost of means-tested public benefits.
                                                                        Further, sponsors or household members
                                                                        would incur the cost of reimbursing the
                                                                        means-tested public benefits-granting
                                                                        agency and would likely incur the costs
                                                                        of legal representation if means-tested
                                                                        public benefits granting agencies choose
                                                                        to pursue legal action to recover the
                                                                        means-tested public benefits a sponsored
                                                                        individual received.
                                                                       Qualitative:
                                                                       Benefits
                                                                        Update evidentiary requirements
                                                                        to provide USCIS with more effective
                                                                        ways to determine whether the sponsor
                                                                        has the means to maintain an annual
                                                                        income at or above the outlined income
                                                                        threshold. These updated requirements
                                                                        would better enable USCIS to determine
                                                                        whether the sponsor is able to provide
                                                                        financial support to the intending
                                                                        immigrant and meet all support
                                                                        obligations during the period the
                                                                        Affidavit is in effect;
                                                                        Update and improve how means-
                                                                        tested public benefit-granting agencies
                                                                        obtain immigration status information
                                                                        from USCIS about individuals who are
                                                                        seeking means-tested public benefits and
                                                                        how means-tested public benefit-granting
                                                                        agencies provide information to USCIS.
                                                                        This proposed provision would eliminate
                                                                        the requirement of obtaining a duly
                                                                        issued subpoena before USCIS is
                                                                        authorized to provide a certified copy
                                                                        of Form I-864 or Form I-864EZ to a
                                                                        requesting party for use in any action
                                                                        to enforce the support obligation and
                                                                        instead allow a requesting party to
                                                                        submit a formal request for an Affidavit
                                                                        or a Contract directly to USCIS. This
                                                                        will strengthen the enforcement
                                                                        mechanism for Affidavits and Contracts,
                                                                        which would allow means-tested public
                                                                        benefits-granting agencies to recover
                                                                        payment for any means-tested public
                                                                        benefits that a sponsored alien receives
                                                                        during the period in which an Affidavit
                                                                        or Contract is enforceable; and
                                                                        Revise the process for informing
                                                                        USCIS about judgments obtained against
                                                                        sponsors (for failing to meet prior
                                                                        support obligations as a sponsor or
                                                                        household member) and indigency
                                                                        determinations to give USCIS flexibility
                                                                        to determine a more efficient mechanism
                                                                        for information reporting, whereby USCIS
                                                                        would be permitted to provide a
                                                                        different mechanism for submitting
                                                                        copies of judgments and indigency
                                                                        determinations to ensure accuracy and
                                                                        efficiency.
----------------------------------------------------------------------------------------------------------------
Source: USCIS analysis.

    DHS does not have sufficient data to quantify the expected benefits 
of the proposed rule. However, the Administration has identified 
enforcement of sponsorship obligations as a priority and DHS has made a 
policy determination that the proposed changes in this rule will assist 
with better ensuring sponsors and household members who execute a 
Contract are capable of meeting their support obligations under section 
213A of the INA, 8 U.S.C. 1183a, and strengthening the enforcement 
mechanism for the Affidavit and Contract so that sponsors and household 
members are held accountable for those support obligations.

III. Background & Purpose

A. Statutory Authority

    In 1996, Congress enacted the Illegal Immigration Reform and 
Immigrant Responsibility Act (IIRIRA).\8\ Section 531(a) of IIRIRA 
amended section 212(a)(4) of the INA, 8 U.S.C. 1182(a)(4), to require 
an executed Affidavit for certain aliens to avoid a finding of 
inadmissibility under this section; this includes most aliens seeking 
an immigrant visa, admission as an

[[Page 62436]]

immigrant, or adjustment of status as: (a) An immediate relative, (b) a 
family-based preference immigrant, or (c) an employment-based 
preference immigrant, if a relative of the alien is the petitioning 
employer or has a significant ownership interest in the entity that is 
the petitioning employer.\9\ This formalized Affidavit requirement that 
had been in common use at overseas consular offices since President 
Herbert Hoover directed widespread adoption in 1929.\10\ Section 551 of 
IIRIRA added section 213A to the INA, 8 U.S.C. 1183a, and specified the 
requirements for a sponsor's Affidavit.\11\ The new section 213A of the 
INA, 8 U.S.C. 1183a, also specified who is eligible to be a sponsor, 
which aliens require an Affidavit, the scope of a sponsor's 
obligations, and how an Affidavit may be enforced.\12\ These provisions 
were intended to ``encourage immigrants to be self-reliant in 
accordance with national immigration policy.'' \13\
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    \8\ See Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996, Public Law 104-208, 110 Stat. 3009 (1996).
    \9\ See INA section 212(a)(4)(C)-(D), 8 U.S.C. 1182(a)(4)(C)-
(D). See INA section 213A, 8 U.S.C. 1183a.
    \10\ See INA section 213A, 8 U.S.C. 1183a. See Section 551 of 
IIRIRA, Public Law 104-208, 110 Stat. 3009 (1996). The Department of 
State had required low-income applicants to submit affidavits since 
the 1930s (a process that was formalized with Immigration and 
Naturalization Service (INS) Form I-134), but the courts had 
determined that the affidavits were legally unenforceable as an 
obligation to reimburse the government for public aid rendered. See 
San Diego County v. Viloria (276 Cal. App. 2d 350, 80 Cal. Rptr. 869 
(Cal. App. 1969)). The IIRIRA addressed this issue by requiring that 
an affidavit of support be legally enforceable. See Section 551 of 
IIRIRA, Pub. L. 104-208, 110 Stat. 3009 (1996). See Roger Daniels, 
Guarding the Golden Door: American Immigration Policy and Immigrants 
since 1882, at p. 61 (New York: Hill and Wang, 2004).
    \11\ See INA section 213A, 8 U.S.C. 1183a. See Section 551 of 
IIRIRA, Public Law 104-208, 110 Stat. 3009 (1996).
    \12\ See INA section 213A, 8 U.S.C. 1183a. See Section 551 of 
the IIRIRA, Public Law 104-208, 110 Stat. 3009 (1996).
    \13\ See H.R. Rep. 104-828, at 241 (Sept. 24, 1996) (Conf. 
Rep.). Section 551(d) of IIRIRA mentions the promulgation by the 
Attorney General [now Secretary of Homeland Security], in 
consulation with the heads of other appropriate agencies, of a 
standard form for an affidavit of support consistent with INA 213A. 
See 8 U.S.C. 1183a Note. Section 531(b) of IIRIRA also mentions the 
``standard form'' for an Affidavit promulgated by the Attorney 
General [now Secretary of Homeland Security]. See 8 U.S.C. 1182 
Note.
---------------------------------------------------------------------------

    Protecting American taxpayers by requiring sponsors to be 
responsible for repayment of means-tested public benefits received by 
sponsored immigrants was another purpose of the support obligation. For 
example, while considering enacting an Affidavit requirement and 
imposing obligations on a sponsor, the Senate Committee on the 
Judiciary stated ``[i]t should be made clear to immigrants that the 
taxpayers of this country expect them to be able to make it in this 
country on their own and with the help of their sponsors.'' \14\ The 
same Senate Committee on the Judiciary further stated that ``[i]t was 
only on the basis of the assurance of the immigrant and the sponsor 
that the immigrant would not at any time become a public charge that 
the immigrant was allowed in this country'' (emphasis in original).\15\
---------------------------------------------------------------------------

    \14\ See S. Report 104-249, at 7 (Apr. 10, 1996).
    \15\ See S. Report 104-249, at 6 (Apr. 10, 1996).
---------------------------------------------------------------------------

    Congress also enacted the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (PRWORA), which generally 
imposed new restrictions on an alien's eligibility for many Federal, 
state, and local benefits.\16\ The law prohibits recent immigrants, 
with some exceptions, from receiving Federal means-tested public 
benefits such as Temporary Assistance for Needy Families (TANF), the 
Supplemental Nutrition Assistance Program (SNAP) (formerly known as 
Food Stamps), and the Children's Health Insurance Program (CHIP).\17\ 
For purposes of determining eligibility for Federal means-tested public 
benefits programs, PRWORA also specified that the income and resources 
of an immigrant would generally be deemed to include the income and 
resources of any person who executed an Affidavit (and that person's 
spouse, if any).\18\ The deeming requirements reflect Congress' 
determination that aliens ``not depend on public resources to meet 
their needs, but rather rely on their own capabilities and the 
resources of their families, their sponsors, and private 
organizations''.\19\
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    \16\ See the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (PRWORA), Public Law 104-193, 110 Stat. 
2105 (1996).
    \17\ See 8 U.S.C. 1611 and 1613. See Sections 401 and 403 of 
PRWORA, Public Law 104-193, 110 Stat. 2105 (1996).
    \18\ See 8 U.S.C. 1631. See Section 421 of PRWORA, Public Law 
104-193, 110 Stat. 2105 (1996).
    \19\ See 8 U.S.C. 1601(2)(A).
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B. Prior Rulemaking

    In 1997, the former Immigration and Naturalization Service (INS or 
the Service) \20\ published an interim rule implementing the affidavit 
of support requirement created by IIRIRA and PRWORA.\21\ The interim 
rule promulgated 8 CFR part 213a, defining the procedures for 
submitting Affidavits, defining a sponsor's ongoing obligations and 
specifying the procedures Federal, State, or local agencies, or private 
entities, must follow to seek reimbursement from the sponsor for 
provision of means-tested public benefits. In conjunction with the 
interim rule, the Service also created three new public use forms: Form 
I-864; Form I-864A; and Form I-865. The interim rule went into effect 
on December 19, 1997. The interim rule included Department of State 
consular officers within the meaning of ``immigration officer'' only 
for the purpose of 8 CFR part 213a. See 62 FR 54346, 54352 (Oct. 20, 
1997).
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    \20\ On March 1, 2003, the Service ceased to exist, and its 
functions were transferred from the Department of Justice to the 
Department of Homeland Security. See Homeland Security Act of 2002, 
Public Law 107-296 (Nov. 25, 2002). DHS is the issuing authority for 
this proposed rule since the Homeland Security Act transferred 
immigration services functions to U.S. Citizenship and Immigration 
Services.
    \21\ See Affidavits of Support on Behalf of Immigrants, 62 FR 
54346 (Oct. 20, 1997).
---------------------------------------------------------------------------

    In a joint rulemaking with the Department of Justice (DOJ) in 2006, 
DHS adopted the 1997 interim rule as a final rule clarifying who needed 
an Affidavit, how sponsors qualify, what information and documentation 
sponsors must present, and when the income of other people could be 
used to support an intending immigrant. The final rule also made 
changes that led to the development of Form I-864EZ, for use by a 
sponsor who relies only on his or her own employment to meet the income 
requirements under section 213A of the Act, 8 U.S.C. 1183a.\22\
---------------------------------------------------------------------------

    \22\ See Affidavits of Support on Behalf of Immigrants, 71 FR 
35731 (June 21, 2006).
---------------------------------------------------------------------------

    On May 23, 2019, President Trump issued the Memorandum on Enforcing 
the Legal Responsibilities of Sponsors of Aliens (Presidential 
Memo).\23\ The Presidential Memo states that a ``key priority of [the] 
Administration is restoring the rule of law by ensuring that existing 
immigration laws are enforced.'' \24\ The Presidential Memo also 
emphasized that sponsors who pledge to financially support sponsored 
aliens will be expected to fulfill their commitment under the law.\25\ 
The Presidential Memo directed Federal agencies to undertake more 
effective oversight to ensure full compliance with Federal laws on 
income deeming and reimbursement.\26\ Agencies have issued revised 
guidance on income deeming and reimbursement for Medicaid, CHIP, TANF, 
and SNAP subsequent to the Presidential Memo.\27\
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    \23\ See https://www.whitehouse.gov/presidential-actions/memorandum-enforcing-legal-responsibilities-sponsors-aliens/ (last 
visited May 24, 2019).
    \24\ See Section 1 of the Presidential Memo.
    \25\ See Section 1 of the Presidential Memo.
    \26\ See Sections 1 and 2 of the Presidential Memo.
    \27\ See Sponsoring Deeming and Repayment for Certain 
Immigrants, available at https://www.medicaid.gov/federal-policy-guidance/downloads/sho19004.pdf (last visited June 2, 2020). See 
Reimbursement obligations of sponsors of noncitizens and procedures 
for recovering TANF funds, available at https://www.acf.hhs.gov/ofa/resource/tanf-acf-pi-2019-01 (last visited June 2, 2020). See State 
Enforcement of Legal Responsibilities of Sponsors of Non-Citizens, 
available at https://www.fns.usda.gov/snap/resource/state-enforcement-legal-responsibilities-sponsors-non-citizens (last 
visited June 2, 2020).

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[[Page 62437]]

    On August 14, 2019, DHS published a final rule, Inadmissibility on 
Public Charge Grounds.\28\ The final rule explains how DHS will 
consider Affidavits in the totality of the circumstances when making 
public charge inadmissibility determinations.\29\
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    \28\ See Inadmissibility on Public Charge Grounds, 84 FR 41292 
(Aug. 14, 2019). Due to delays resulting from ongoing litigation in 
the U.S. District Courts for the Southern District of New York, 
Northern District of California, Eastern District of Washington, 
Northern District of Illinois, and District of Maryland, DHS 
implemented the final rule nationwide on February 24, 2020. On July 
29, 2020, the U.S. District Court for the Southern District of New 
York enjoined DHS nationwide from enforcing, applying, implementing, 
or treating as effective the final rule for any period during which 
there is a declared national health emergency in response to the 
COVID-19 outbreak. New York v .DHS. No. 19-777 (S.D.N.Y. July 29, 
2020). On August 12, 2020, the U.S. Court of Appeals for the Second 
Circuit issued a partial administrative stay of the nationwide 
injunction limiting its scope to the Second Circuit, i.e., New York, 
Connecticut, and Vermont. New York v. DHS, No. 20-2537 (2d Cir. Ayg. 
12, 2020).
    \29\ Under the final rule, ``DHS will consider the likelihood 
that the sponsor would actually provide the statutorily-required 
amount of financial support to the alien, and any other related 
considerations.'' See 8 CFR 212.22(b)(7).
---------------------------------------------------------------------------

C. Current Processing of an Affidavit of Support Under Section 213A of 
the INA

    An Affidavit is required for most family-sponsored immigrants and 
some employment-based immigrants.\30\ A petitioning sponsor must 
execute Form I-864 or Form I-864EZ at one of the following points in 
the immigration process depending on the type of immigration benefit 
the applicant is seeking: As part of the immigrant visa application 
with DOS; when the principal immigrant submits an application for 
adjustment of status to permanent resident status with USCIS; or when 
directed by an immigration judge in the United States.\31\ As described 
further below, in certain circumstances, a joint sponsor or a 
substitute sponsor is permitted.\32\
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    \30\ See INA section 212(a)(4)(C) and (D), 8 U.S.C. 
1182(a)(4)(C) and (D).
    \31\ Three different agencies review an Affidavit for 
sufficiency, each in a different context. USCIS reviews an Affidavit 
and Contract while adjudicating certain applications for adjustment 
of status. DOS consular officers also review Affidavits and 
Contracts as part of the immigrant visa application process, and 
when an Affidavit is required, to assess potential ineligibility on 
public charge grounds. See 22 CFR 40.41. Immigration Courts, which 
are part of the U.S. Department of Justice (DOJ), Executive Office 
for Immigration Review (EOIR), may review Affidavits and Contracts 
in the context of an alien in removal proceedings who is seeking 
adjustment of status as a form of relief from removal.
    \32\ See INA section 213A(f)(5), 8 U.S.C. 1183a(f)(5).
---------------------------------------------------------------------------

    By executing an Affidavit, a sponsor is creating a contract between 
the sponsor and the U.S. Government. The intending immigrant becoming a 
lawful permanent resident is the consideration for the contract.\33\ 
Under the contract, the sponsor agrees that he or she will provide 
support to the sponsored immigrant at an annual income not less than 
125 percent of the Federal poverty line \34\ during the period the 
obligation is in effect, to be jointly and severally liable for any 
reimbursement obligation incurred as a result of the sponsored 
immigrant receiving means-tested public benefits during the period of 
enforcement,\35\ and to submit to the jurisdiction of any Federal or 
State court for the purpose of enforcing the support obligation. The 
sponsor also agrees that the U.S. Government can consider the sponsor's 
income and assets as available for the support of the sponsored 
immigrant when the immigrant applies for means-tested public 
benefits.\36\
---------------------------------------------------------------------------

    \33\ See 8 CFR 213a.2(e)(1).
    \34\ A sponsor who is on active duty (other than active duty for 
training) in the Armed Forces of the United States, and is 
petitioning for the admission of the alien under INA section 204, 8 
U.S.C. 1154, as the spouse or child of the sponsor only needs to 
demonstrate the means to maintain an annual income equal to at least 
100 percent of the Federal poverty line. See INA section 213A(f)(3), 
8 U.S.C. 1183a(f)(3).
    \35\ See 8 CFR 213a.2(c)(2)(i)(C)(2).
    \36\ See Sections 421-422 of PRWORA, Public Law 104-193, 110 
Stat. 2105 (1996). See 8 U.S.C. 1631.
---------------------------------------------------------------------------

a. Submitting an Affidavit
    Sponsors submit either a Form I-864 or the shorter Form I-864EZ. 
Sponsors may use the Form I-864EZ if: The sponsor is the petitioner who 
filed the petition (Form I-130, Petition for an Alien Relative, Form I-
129F, Petition for Alien Fianc[eacute](e), or Form I-600, Petition to 
Classify Orphan as an Immediate Relative) for the relative being 
sponsored; the relative being sponsored is the only person, other than 
the petitioner, listed on the petition; and the income the sponsor is 
using to qualify for the Affidavit is based entirely on the sponsor's 
salary or pension as shown on one or more Internal Revenue Service Form 
W-2. Applicants seeking adjustment of status before USCIS file Form I-
864 or Form I-864EZ with Form I-485, Application to Register Permanent 
Residence or Adjust Status. USCIS does not currently charge a separate 
fee to file Form I-864 or Form I-864EZ. For most immigrant visa 
applications, Affidavits and Contracts are submitted to the Department 
of State National Visa Center (NVC). The Department charges a fee to 
ensure that the Affidavit is properly completed before it is forwarded 
to a consular post for adjudication of an immigrant visa.\37\ An 
applicant is charged only one fee in certain circumstances. For 
example, Affidavits from an individual concurrently sponsoring an 
immediate relative spouse and child would be the same in substance, and 
essentially duplicative and therefore only one fee is charged. When the 
Affidavit is submitted directly to a consular post overseas, no fee is 
charged.
---------------------------------------------------------------------------

    \37\ The fee authority is contained in 8 U.S.C. 1183a Note, 
added by Public Law 106-113, Div. B, 1000(a)(7) [Div. A, Title II, 
sec. 232], Nov. 29, 1999, 113 Stat. 1536, 1501A-425, as amended 
Public Law 107-228, Div. A, Title II, sec. 211(b), Sept. 30, 2002, 
116 Stat. 1365.
---------------------------------------------------------------------------

    The Form I-864 and Form I-864EZ are designed to determine whether 
the individual executing Form I-864 or Form I-864EZ meets the 
eligibility criteria for sponsorship.\38\ In general, a sponsor is 
defined as an individual who executes a Form I-864 or Form I-864EZ with 
respect to a sponsored alien and who: Is a citizen or national of the 
United States or a lawful permanent resident; is at least 18 years of 
age; is domiciled in any of the several States of the United States, 
the District of Columbia, or any territory or possession of the United 
States; is petitioning for the admission of the alien under section 204 
of the INA, 8 U.S.C. 1154; and demonstrates the means to maintain an 
annual income equal to at least 125 percent of the Federal poverty 
line.\39\
---------------------------------------------------------------------------

    \38\ See INA section 213A(f)(3), 8 U.S.C. 1183a(f)(3).
    \39\ See INA section 213A(f)(1), 8 U.S.C. 1183a(f)(1).
---------------------------------------------------------------------------

    A petitioner who meets all the requirements of section 213A(f)(1) 
of the INA, 8 U.S.C. 1183a(f)(1), except for the requirement to 
demonstrate the means to maintain an annual income equal to at least 
125 percent of the Federal poverty line sponsor may still be a 
sponsor.\40\ The term sponsor also includes an individual who is on 
active duty (other than active duty for training) in the Armed Forces 
of the United States, is petitioning for his or her spouse or child, 
and demonstrates (as provided in section 213A(f)(6) of the Act, 8 
U.S.C. 1183a(f)(6)) the means to maintain an annual income equal to at 
least 100 percent of the Federal poverty line.\41\
---------------------------------------------------------------------------

    \40\ See INA section 213A(f)(2) and (3), 8 U.S.C. 1183a(f)(2) 
and (3).
    \41\ See INA section 213A(f)(3), 8 U.S.C. 1183a(f)(3). See also 
8 CFR 213a.2(c)(2)(iii)(C) and (D).

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[[Page 62438]]

    Certain relatives \42\ of employment-based immigrants can also be a 
sponsor if the relative filed a petition for the sponsored alien as an 
employment-based immigrant under section 203(b) of the Act, 8 U.S.C. 
1153(b), or if the relative has a significant ownership interest in the 
entity that filed such a petition.\43\ The term sponsor includes this 
relative, if the relative also meets the requirements of section INA 
213A(f)(1)(A), (B), (C), 8 U.S.C. 1183a(f)(1)(A), (B), and (C), as 
described above, and demonstrates (as provided in INA section 
213A(f)(6), 8 U.S.C. 1183a(f)(6)) the means to maintain an annual 
income equal to at least 125 percent of the Federal poverty line.\44\
---------------------------------------------------------------------------

    \42\ See 8 CFR 213a.1 (``Relative means a husband, wife, father, 
mother, child, adult son, adult daughter, brother, or sister.'').
    \43\ See INA section 213A(f)(4)(A), 8 U.S.C 1183a(f)(4)(A). This 
relative would not meet (nor does he or she have to meet) the 
requirements of INA section 213A(f)(1)(D), 8 U.S.C. 1183a(f)(1)(D).
    \44\ See INA section 213A(f)(4)(A) and (B)(i), 8 U.S.C. 
1183a(f)(4)(A) and (B)(i).
---------------------------------------------------------------------------

    A petitioner who meets all the requirements of section 213A(f)(1) 
of the Act, 8 U.S.C. 1183a(f)(1), except for the requirement to 
demonstrate the means to maintain an annual income equal to at least 
125 percent of the Federal poverty line, but accepts joint and several 
liability with a joint sponsor (as defined under section 213A(f)(5)(A) 
of the INA, 8 U.S.C. 1183a(f)(5)(A)), is also a sponsor.\45\ Similarly, 
a relative of an employment-based immigrant that meets the requirements 
of section 213A(f)(1)(A), (B), (C), and (f)(4)(A), yet does not meet 
the requirement to demonstrate the means to maintain an annual income 
equal to at least 125 percent of the Federal poverty line, but accepts 
joint and several liability with a joint sponsor (as defined under 
section 213A(f)(5)(A) of the INA, 8 U.S.C. 1183a(f)(5)(A)), is also a 
sponsor.\46\ Joint sponsors are discussed in greater detail in 
subsection 1 below.
---------------------------------------------------------------------------

    \45\ See INA section 213A(f)(2), 8 U.S.C. 1183a(f)(2). See INA 
section 213A(f)(5)(A), 8 U.S.C. 1183a(f)(5)(A).
    \46\ See INA section 213A(f)(4)(A) and (B)(ii), 8 U.S.C. 
1183a(f)(4)(A) and (B)(ii).
---------------------------------------------------------------------------

b. Demonstration of Means To Maintain Income
    Sponsors may demonstrate that they have the means to maintain an 
annual income equal to at least 125 percent of the Federal poverty 
line, or 100 percent as applicable,\47\ through a combination of income 
and/or significant assets.\48\ All sponsors must submit a copy of their 
Federal income tax return, including supporting documents like 
schedules, for the most recent tax year, or provide evidence 
demonstrating why they were not required to file a Federal tax return 
for that year.\49\ Sponsors may also submit additional evidence 
demonstrating their income, including letters evidencing their 
employment and income, paycheck stubs, and financial statements.\50\
---------------------------------------------------------------------------

    \47\ See INA section 213A(f)(3), 8 U.S.C. 1183a(f)(3).
    \48\ See INA section 213A(f)(6)(A)(i)-(ii), 8 U.S.C. 
1183a(f)(6)(A)(i)-(ii).
    \49\ See 8 CFR 213a.2(c)(2)(i)(A)-(B).
    \50\ See 8 CFR 213a.2(c)(2)(i)(A).
---------------------------------------------------------------------------

    Currently, the sponsor's household income for the year in which the 
intending immigrant filed the application for adjustment of status is 
given the most evidentiary weight.\51\ If the sponsor's projected 
household income for the year in which the intending immigrant filed 
the application for adjustment of status meets the applicable income 
threshold, the immigration officer or immigration judge may determine 
the Affidavit is insufficient on the basis of household income only if, 
based on specific facts, it is reasonable to infer that the sponsor 
will not be able to maintain the household income at a level sufficient 
to meet the support obligations.\52\ When reviewing an Affidavit for 
sufficiency, the immigration officer or immigration judge may consider 
facts such as a material change in a sponsor's employment or income 
history, the number of aliens included in other pending Affidavits 
executed by the sponsor, and other relevant facts.\53\
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    \51\ See 8 CFR 213a.2(c)(2)(ii)(C).
    \52\ See 8 CFR 213a.2(c)(2)(ii)(C).
    \53\ See 8 CFR 213a.2(c)(2)(ii)(C).
---------------------------------------------------------------------------

    Sponsors may also demonstrate the means to maintain the applicable 
annual income through their significant assets or the significant 
assets of the intending immigrant.\54\ Significant assets may include 
savings accounts, stocks, bonds, certificates of deposit, and real 
estate.\55\ In order to qualify as significant assets, the total value 
of all the assets must equal at least five times the difference between 
sponsor's total household income and the current Federal poverty line 
for sponsor's household size (including all immigrants sponsored on any 
Affidavit in force or pending).\56\ However, if the sponsor is a U.S. 
citizen and he or she is sponsoring a spouse or child (age 18 years of 
age or older), the total value of the assets must only be equal to at 
least three times the difference.\57\ If the intending immigrant is an 
orphan or Hague Convention adoptee who is considered to be coming to 
the United States for adoption, the total value of the assets only 
needs to equal the difference between the sponsor's household income 
and the current Federal poverty line for sponsor's household size 
(including all immigrants sponsored on any Affidavit in force or 
pending).\58\ Sponsors relying on significant assets need to provide 
evidence establishing location, ownership, and value of each listed 
asset.\59\
---------------------------------------------------------------------------

    \54\ See INA section 213A(f)(6)(A)(ii), 8 U.S.C. 
1183A(f)(6)(A)(ii). See also 8 CFR 213a.2(c)(2)(iii)(A)(1), 
213a.2(c)(2)(iii)(B).
    \55\ See 8 CFR 213a.2(c)(2)(iii)(B).
    \56\ See 8 CFR 213a.2(c)(2)(iii)(B)(3).
    \57\ See 8 CFR 213a.2(c)(2)(iii)(B)(1).
    \58\ See 8 CFR 213a.2(c)(2)(iii)(B)(2).
    \59\ See 8 CFR 213a.2(c)(2)(iii)(B).
---------------------------------------------------------------------------

    An immigration officer or immigration judge may pursue verification 
of any information provided for the Affidavit if the sponsor and/or 
household member provides authorization. If the sponsor and/or 
household member fails to provide verification authorization, the 
Affidavit will be considered withdrawn.\60\
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    \60\ See 8 CFR 213a.2(c)(2)(v).
---------------------------------------------------------------------------

    A sponsor may withdraw an Affidavit at any time until a decision is 
issued on the applicant's application for an immigrant visa or 
adjustment of status.\61\ The withdrawal must be in writing, must 
include the sponsor's signature, and must be received before the final 
decision is issued. A withdrawal may not be retracted.
---------------------------------------------------------------------------

    \61\ See 8 CFR 213a.2(f).
---------------------------------------------------------------------------

    An Affidavit is considered sufficient if the immigration officer or 
immigration judge determines a sponsor has demonstrated he or she meets 
all the eligibility requirements in section 213A(f)(1) or (5) of the 
Act.\62\ The support obligations agreed to when Form I-864, Form I-
864EZ, and Form I-864A are executed generally commence when the 
intending immigrant is granted lawful permanent resident status.\63\ 
The support obligations terminate by operation of law when: The 
sponsored immigrant becomes a U.S. citizen; \64\ the sponsored 
immigrant has worked or can be credited with 40 qualifying quarters of 
work in the United States under title II of the Social Security Act 
\65\ (provided that the sponsored immigrant is not credited

[[Page 62439]]

with any quarter beginning after December 31, 1996, during which the 
sponsored immigrant receives or received any Federal means-tested 
public benefit); \66\ the sponsored immigrant dies; \67\ the sponsored 
immigrant abandons or loses lawful permanent resident status and 
departs the United States; \68\ or, the sponsored immigrant obtains 
lawful permanent resident status on a new basis in removal proceedings 
based on a new Affidavit (if such an Affidavit is required).\69\ The 
support obligation also terminates if the sponsor dies.\70\ Divorce 
does not end the support obligation.\71\
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    \62\ An immigrant can be determined to be inadmissible as a 
public charge under INA section 212(a)(4), 8 U.S.C. 1182(a)(4), even 
if the immigrant has a sufficient affidavit of support. See 8 CFR 
213a.2(c)(2)(iv).
    \63\ See 8 CFR 213a.2(e)(1). In cases where it is determined 
that either a Form I-864 executed by a joint sponsor or a Form I-
864A executed by a household member is not needed because the 
petitioning sponsor or substitute sponsor demonstrated the means to 
maintain income at the applicable threshold, the support obligation 
associated with such Form I-864 or Form I-864A would not commence.
    \64\ See 8 CFR 213a.2(e)(2)(i)(A).
    \65\ See 42 U.S.C. 401, et seq.
    \66\ See 8 CFR 213a.2(e)(2)(i)(B).
    \67\ See 8 CFR 213a.2(e)(2)(i)(E).
    \68\ See 8 CFR 213a.2(e)(2)(i)(C) (if the sponsored immigrant 
has not abandoned permanent resident status, executing the form 
designated by USCIS for recording such action, this provision will 
apply only if the sponsored immigrant is found in a removal 
proceeding to have abandoned that status while abroad).
    \69\ See 8 CFR 213a.2(e)(2)(i)(D).
    \70\ See 8 CFR 213a.2(e)(2)(ii).
    \71\ See Affidavits of Support on Behalf of Immigrants, 71 FR 
35731, 35740 (June 21, 2006).
---------------------------------------------------------------------------

    If an Affidavit is deemed insufficient because the sponsor is 
determined to be unable to maintain household income at a level 
sufficient to meet the sponsor's support obligations, the intending 
immigrant will be inadmissible on the public charge ground under 
section 212(a)(4) of the INA, 8 U.S.C. 1182(a)(4).\72\ The intending 
immigrant's application for adjustment of status or an immigrant visa 
will be denied.
---------------------------------------------------------------------------

    \72\ See INA section 213A(a)(1), 8 U.S.C. 1183a(a)(1).
---------------------------------------------------------------------------

1. Joint Sponsors and Substitute Sponsors
a. Joint Sponsors
    Section 213A(f)(1) of the INA, 8 U.S.C. 1183a(f)(1), defines a 
sponsor as an ``individual who executes an affidavit of support with 
respect to the sponsored alien,'' and who, is a citizen or national of 
the United States or a lawful permanent resident; \73\ is at least 18 
years of age; \74\ is domiciled in any of the several States of the 
United States, the District of Columbia, or any territory or possession 
of the United States; \75\ is petitioning for the admission of the 
alien under section 204 of the Act, 8 U.S.C. 1154; \76\ and 
demonstrates the means to maintain an annual income equal to at least 
125 percent of the Federal poverty line.\77\
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    \73\ See INA section 213A(f)(1)(A), 8 U.S.C. 1183a(f)(1)(A).
    \74\ See INA section 213A(f)(1)(B), 8 U.S.C. 1183a(f)(1)(B).
    \75\ See INA section 213A(f)(1)(C), 8 U.S.C. 1183a(f)(1)(C).
    \76\ See INA section 213A(f)(1)(D), 8 U.S.C. 1183a(f)(1)(D).
    \77\ See INA section 213A(f)(1)(E), 8 U.S.C. 1183a(f)(1)(E).
---------------------------------------------------------------------------

    As stated previously, a petitioner who meets all the requirements 
of section 213A(f)(1) of the INA, 8 U.S.C. 1183a(f)(1), except for the 
requirement to demonstrate the means to maintain an annual income equal 
to at least 125 percent of the Federal poverty line, but accepts joint 
and several liability with a joint sponsor (as defined under section 
213A(f)(5)(A) of the INA, 8 U.S.C. 1183a(f)(5)(A)), is also a 
sponsor.\78\
---------------------------------------------------------------------------

    \78\ See INA section 213A(f)(2), 8 U.S.C. 1183a(f)(2). See INA 
section 213A(f)(5)(A), 8 U.S.C. 1183a(f)(5)(A).
---------------------------------------------------------------------------

    A joint sponsor is an individual who is not the petitioning 
sponsor, but who accepts joint and several liability with the 
petitioning sponsor and who demonstrates the means to maintain an 
annual income equal to at least 125 percent of the Federal poverty 
line.\79\
---------------------------------------------------------------------------

    \79\ See 8 CFR 213a.1.
---------------------------------------------------------------------------

    If a petitioner is qualifying as a sponsor under section 213A(f)(2) 
of the Act, 8 U.S.C. 1183a(f)(2), by accepting joint and several 
liability with a joint sponsor, both the petitioner and the joint 
sponsor must execute Form I-864.\80\ A joint sponsor is permitted where 
the petitioning sponsor cannot demonstrate the means to maintain an 
annual income equal to at least 125 percent of the Federal poverty 
line, or 100 percent as applicable.\81\ A joint sponsor cannot serve as 
a replacement for the petitioning sponsor; both the petitioner and the 
joint sponsor must accept joint and several liability.\82\ Therefore, 
the joint sponsor must file Form I-864 in addition to the petitioning 
sponsor, and only if the petitioning sponsor does not meet the 
requirement of demonstrating the means to maintain an annual income as 
stated in the statute and regulations.\83\ The joint sponsor must 
provide evidence of income or assets that independently meets the 
income threshold to support the sponsored immigrant(s).\84\ The joint 
sponsor cannot meet the income threshold by combining his or her income 
with the income of the petitioning sponsor and/or the sponsored 
immigrant.\85\
---------------------------------------------------------------------------

    \80\ See INA section 213A(f)(2), 8 U.S.C. 1183a(f)(2). See INA 
section 213A(f)(5)(A), 8 U.S.C. 1183a(f)(5)(A).
    \81\ See INA section 213A(f)(3), 8 U.S.C. 1183a(f)(3).
    \82\ See INA section 213A(f)(2), 8 U.S.C. 1183a(f)(2). See INA 
section 213A(f)(5)(A), 8 U.S.C. 1183a(f)(5)(A).
    \83\ See INA section 213A(f)(2), (3), (5)(A), and (6), 8 U.S.C. 
1183a(f)(2), (3), (5)(A), and (6). See also 8 CFR 213a.2(b)(1).
    \84\ See INA section 213A(f)(5)(A), 8 U.S.C. 1183a(f)(5)(A). See 
also 8 CFR 213a.2(c)(2)(iii)(C).
    \85\ See 8 CFR 213a.1.
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    An intending immigrant may not submit a Form I-864 executed by more 
than one joint sponsor.\86\ However, if the joint sponsor's household 
income is insufficient to meet the income requirement with respect to 
the principal intending immigrant, plus any spouse and all the children 
who seek to accompany the principal intending immigrant,\87\ the joint 
sponsor may specify on the Affidavit that it is submitted only on 
behalf of the principal intending immigrant and those accompanying 
family members specifically listed on the Affidavit.\88\ Any remaining 
accompanying family members not included in the first joint sponsor's 
affidavit would be inadmissible under section 212(a)(4) of the INA, 8 
U.S.C. 1182(a)(4), unless a second joint sponsor submits a Form I-864 
on their behalf.\89\ A family group consisting of the principal 
intending immigrant and the accompanying spouse and children may not 
have more than two joint sponsors.\90\
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    \86\ See 8 CFR 213.2(c)(2)(iii)(C).
    \87\ See INA section 203(d), 8 U.S.C. 1153(d).
    \88\ See 8 CFR 213a.2(c)(2)(iii)(C).
    \89\ See 8 CFR 213a.2(c)(2)(iii)(C).
    \90\ See 8 CFR 213a.2(c)(2)(iii)(C).
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b. Substitute Sponsors
    A petitioning sponsor's death ends the sponsor's obligation to meet 
the terms of the Affidavit. However, a petitioning sponsor's death does 
not end the requirement to submit a sufficient Affidavit, if such 
requirement applies. An applicant cannot meet the Affidavit requirement 
by relying on a Form I-864 or Form I-864EZ signed by a deceased 
petitioning sponsor. A substitute sponsor may submit an Affidavit if 
USCIS determines for humanitarian reasons that revocation of the 
approval of the immigrant petition would be inappropriate, or if the 
petition is being adjudicated pursuant to section 204(l) of the Act, 8 
U.S.C. 1154(l).\91\ Except for the requirement of petitioning for the 
admission of the alien under section 204 of the Act, 8 U.S.C. 1154, a 
substitute sponsor must meet the same sponsorship requirements as the 
petitioning sponsor.\92\ A substitute sponsor must be related to the 
intending immigrant applicant in one of the ways

[[Page 62440]]

specified in section 213A(f)(5)(B) of the INA, 8 U.S.C. 
1183a(f)(5)(B).\93\
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    \91\ See INA section 213A(f)(5)(B), 8 U.S.C. 1183a(f)(5)(B). See 
INA section 204(l), 8 U.S.C. 1154(l). See also 8 CFR 
205.1(a)(3)(i)(C)(2).
    \92\ See INA section 213A(f)(1) and (5)(B), 8 U.S.C. 1183a(f)(1) 
and (5)(B). See also 8 CFR 213a.2(c)(2)(iii)(D).
    \93\ A substitute sponsor can be the spouse, parent, mother-in-
law, father-in-law, sibling, child (if at least 18 years of age), 
son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-
in-law, grandparent, or grandchild of a sponsored alien or a legal 
guardian of a sponsored alien.
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    A Form I-864 signed by an eligible substitute sponsor is an 
acceptable replacement of the deceased petitioning sponsor's Form I-864 
if submitted and received before the adjudication of the adjustment 
application. If the applicant does not have a substitute sponsor file a 
sufficient Form I-864 on his or her behalf, then the applicant is 
inadmissible under section 212(a)(4) of the INA, 8 U.S.C. 
1182(a)(4).\94\
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    \94\ See INA section 212(a)(4), 8 U.S.C. 1182(a)(4); see INA 
section 213A(a)(1), 8 U.S.C. 1183a(a)(1). See also 8 CFR 
213a.2(c)(2)(iii)(D).
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2. Household Members
    In certain circumstances, a sponsor's household members may agree 
to use their income to financially support an intending immigrant.\95\ 
Although not required by section 213A of the Act, 8 U.S.C. 1183a, in 
order to meet the income threshold, a sponsor may rely on the income of 
individuals included in the sponsor's household size (as determined for 
purposes of section 213A of the Act, 8 U.S.C. 1183a).\96\ The 
individual must be at least 18 years old and the individual must 
execute Form I-864A.\97\ Currently, the following individuals may be 
household members for purposes of executing Form I-864A: \98\
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    \95\ See 8 CFR 213a.2(c)(2)(i)(C)(1).
    \96\ See 8 CFR 213a.2(c)(2)(i)(C)(1). See Affidavit of Support 
on Behalf of Immigrants, 62 FR 54346, 54348 (Oct. 20, 1997). See 
Affidavit of Support on Behalf of Immigrants, 71 FR 35732, 35736 
(June 21, 2006).
    \97\ See 8 CFR 213a.2(c)(2)(i)(C)(1). See Affidavit of Support 
on Behalf of Immigrants, 62 FR 54346, 54348 (Oct. 20, 1997). See 
Affidavit of Support on Behalf of Immigrants, 71 FR 35732, 35736 
(June 21, 2006).
    \98\ See 8 CFR 213a.1 and 213a.2(c)(2)(i)(C)(1).
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     The sponsor's spouse, parent, child, sibling, or adult 
child who has the same principal residence as the sponsor;
     Any person who the sponsor lawfully claims as a dependent 
on the sponsor's most recent Federal tax return;
     An intending immigrant who has the same principal 
residence as the sponsor if there is a spouse or child immigrating with 
the intending immigrant, and the intending immigrant can establish his 
or her income comes from authorized employment in the United States 
\99\ and is the result of employment in a lawful enterprise or some 
other lawful source, and that employment from a lawful source will 
continue even after acquiring lawful permanent resident (LPR) status; 
or
---------------------------------------------------------------------------

    \99\ See 8 CFR 274a.12.
---------------------------------------------------------------------------

     An intending immigrant who is the sponsor's spouse and can 
show his or her income comes from authorized employment in the United 
States \100\ and is the result of employment in a lawful enterprise or 
some other lawful source, and that employment will continue from a 
lawful source, even after acquiring LPR status if a spouse or child is 
immigrating with the intending immigrant.
---------------------------------------------------------------------------

    \100\ See 8 CFR 274a.12.
---------------------------------------------------------------------------

    A household member submits Form I-864A with evidence of his or her 
income and/or assets.\101\ In signing Form I-864A, the household member 
agrees to provide the petitioning ``sponsor as much financial 
assistance as may be necessary for the petitioning sponsor to maintain 
the intending immigrant at the annual income level required by section 
213A(a)(1)(A) of the Act.'' \102\ Household members are jointly and 
severally liable for any reimbursement obligation the sponsor may 
incur.\103\
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    \101\ See 8 CFR 213a.2(c)(2)(i)(C)(4). The regulation provides 
that a household member must sign an ``affidavit of support 
attachment''. Form I-864A is the form USCIS designated for the 
affidavit of support attachment.
    \102\ See 8 CFR 213a.2(c)(2)(i)(C)(2).
    \103\ See 8 CFR 213a.2(c)(2)(i)(C)(2).
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    As stated previously, the household member's support obligations 
terminate by operation of law when: The sponsored immigrant becomes a 
U.S. citizen; \104\ the sponsored immigrant has worked or can be 
credited with 40 qualifying quarters of work in the United States under 
title II of the Social Security Act \105\ (provided that the sponsored 
immigrant is not credited with any quarter beginning after December 31, 
1996, during which the sponsored immigrant receives or received any 
Federal means-tested public benefit); \106\ the sponsored immigrant 
dies; \107\ the sponsored immigrant abandons or loses lawful permanent 
resident status and departs the United States; \108\ or, the sponsored 
immigrant obtains lawful permanent resident status on a new basis in 
removal proceedings based on a new Affidavit (if such an Affidavit is 
required).\109\
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    \104\ See 8 CFR 213a.2(e)(2)(i)(A).
    \105\ See 42 U.S.C. 401, et seq.
    \106\ See 8 CFR 213a.2(e)(2)(i)(B).
    \107\ See 8 CFR 213a.2(e)(2)(i)(E).
    \108\ See 8 CFR 213a.2(e)(2)(i)(C) (if the sponsored immigrant 
has not abandoned permanent resident status, executing the form 
designated by USCIS for recording such action this provision will 
apply only if the sponsored immigrant is found in a removal 
proceeding to have abandoned that status while abroad).
    \109\ See 8 CFR 213a.2(e)(2)(i)(D).
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    A household member's obligation created by executing a Form I-864A 
also terminates when the household member dies.\110\ The death of one 
person who had a support obligation under an Affidavit or a Contract 
does not terminate the support obligation of any other sponsor, 
substitute sponsor, joint sponsor, or household member with respect to 
the same sponsored immigrant.\111\ Divorce does not end the support 
obligation.\112\
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    \110\ See 8 CFR 213a.2(e)(2)(ii).
    \111\ See 8 CFR 213a.2(e)(2)(ii).
    \112\ See Affidavits of Support on Behalf of Immigrants, 71 FR 
35731, 35740 (June 21, 2006).
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D. Reimbursement Process

    Sponsors are responsible for reimbursing the cost of means-tested 
public benefits received by sponsored aliens. The Act states ``[u]pon 
notification that a sponsored alien has received any means-tested 
public benefit, the appropriate nongovernmental entity which provided 
such benefit or the appropriate entity of the Federal Government, a 
State, or any political subdivision of a State shall request 
reimbursement by the sponsor in an amount which is equal to the 
unreimbursed costs of such benefits.'' \113\ Agencies can sue sponsors 
pursuant to the executed Affidavit.\114\
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    \113\ See INA section 213A(b)(1), 8 U.S.C. 1183a(b)(1).
    \114\ See INA section 213A(b)(2), 8 U.S.C. 1183a(b)(2).
---------------------------------------------------------------------------

    If an agency requests reimbursement from a sponsor, the agency must 
arrange for personal service of a written request for reimbursement 
upon the sponsor (and any household member who executed Form I-
864A).\115\ The request for reimbursement must specify the date the 
support obligation commenced, the sponsored immigrant's name, alien 
registration number, address, and date of birth, as well as the types 
of means-tested public benefit(s) that the sponsored immigrant 
received, the dates the sponsored immigrant received the benefits, and 
the total amount of the benefits received.\116\ Agencies do not need to 
make a separate request for each type of benefit or for each separate 
payment; agencies may aggregate in a single request all benefit 
payments made as of the date of the request.\117\ The reimbursement 
request must include an itemized statement supporting the claim for

[[Page 62441]]

reimbursement.\118\ The reimbursement request must also include a 
notification to the sponsor (and any household members) that, within 45 
days of the date of service, the sponsor (and any household members) 
must respond to the request for reimbursement either by paying the 
reimbursement or by arranging to begin payments pursuant to a schedule 
that is agreeable to the program official.\119\
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    \115\ See 8 CFR 213a.4(a)(1)(i).
    \116\ See 8 CFR 213a.4(a)(1)(ii).
    \117\ See 8 CFR 213a.4(a)(1)(iii).
    \118\ See 8 CFR 213a.4(a)(1)(iv).
    \119\ See 8 CFR 213a.4(a)(1)(iv).
---------------------------------------------------------------------------

    A Federal, state, or local government entity or a private entity 
must wait 45 days from the date it serves the written request for 
reimbursement before filing a lawsuit against the sponsor or household 
member.\120\ An entity may also bring an action against a sponsor for 
failure to abide by repayment terms.\121\ No cause of action may be 
brought later than 10 years after the date on which the sponsored alien 
last received any means-tested public benefit to which an Affidavit 
applied.\122\
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    \120\ See INA section 213A(b)(2)(A), 8 U.S.C. 1183a(b)(2)(A). 
See also 8 CFR 213a.4(a)(1)(v).
    \121\ See INA section 213A(b)(2)(B), 8 U.S.C. 1183a(b)(2)(B).
    \122\ See INA section 213A(b)(2)(C), 8 U.S.C. 1183a(b)(2)(C).
---------------------------------------------------------------------------

E. Information Sharing

    USCIS considers a sponsor or household member to be in compliance 
with the support obligations of section 213A(i)(3) of the Act, 8 U.S.C. 
1183a(i)(3), unless a party that has obtained a final judgment 
enforcing the obligations under sections 213A(a)(1)(A) or 213A(b) of 
the Act, 8 U.S.C. 1183a(a)(1)(A) or 1183a(b), has provided a copy of 
the final judgment to USCIS.\123\
---------------------------------------------------------------------------

    \123\ See 8 CFR 213a.4(c)(1).
---------------------------------------------------------------------------

    PRWORA also requires certain information sharing between benefit 
granting agencies and DHS. For sponsored immigrants, section 421(e)(2) 
of PRWORA, 8 U.S.C. 1631(e)(2), requires agencies to notify DHS when an 
agency has made an indigency determination, and the notification must 
include the names of the sponsor and the sponsored immigrant 
involved.\124\ This statutory requirement was implemented at 8 CFR 
213a.4(c)(2), providing a mechanism for reporting this information to 
USCIS.
---------------------------------------------------------------------------

    \124\ See 8 U.S.C. 1631(e).
---------------------------------------------------------------------------

F. Problems Arising From Current Processes

1. Insufficient Information About Sponsors' and Household Members' 
Financial Ability To Maintain Income of at Least the Applicable 
Threshold or Meet Support Obligations
    Although immigration officers and immigration judges make public 
charge inadmissibility determinations based, in part, on information 
contained in the Affidavit and supporting documents,\125\ currently 
very little financial information is required from sponsors to make 
such determinations. Similarly, very little financial information is 
currently required from household members who submit a Contract. This 
provides limited insight into the sponsors' and household members' 
actual ability to maintain income at the income threshold or meet their 
support obligations. Situations such as variable income, a current or 
past receipt of means-tested public benefits, or the lack of a U.S. 
bank account, may indicate a sponsor or household member cannot 
maintain income of at least the statutory income threshold and/or will 
not be able to fulfill his or her support obligation to the intending 
immigrant. The Administration has identified enforcement of sponsorship 
obligations as a priority and DHS believes a more complete picture of 
the sponsor's and household member's financial situation would help 
immigration officers and immigration judges determine whether the 
sponsor can meet the requirements of section 213A of the Act, 8 U.S.C. 
1183a, particularly whether the sponsor has demonstrated the means to 
maintain income as required by section 213A(f)(6), 8 U.S.C. 
1183a(f)(6), and whether the sponsor and household member will actually 
fulfill his or her support obligation to the intending immigrant. USCIS 
believes that this will strengthen the integrity of the immigration 
process.
---------------------------------------------------------------------------

    \125\ See INA section 212(a)(4)(B)(ii), (C), (D), 8 U.S.C. 
1182(a)(4)(B)(ii), (C), (D); INA section 213A(a)(1), 8 U.S.C. 
1183a(a)(1). See also 22 CFR 40.41.
---------------------------------------------------------------------------

2. Too Many Household Members Contributing Income to the Sponsor's 
Household Income
    Current DHS regulations do not limit how many household members can 
agree to make their income available to the sponsor for the purposes of 
the sponsor meeting the income threshold by executing Form I-864A. Even 
though such household members agree to provide the sponsor with enough 
support to maintain the sponsored immigrant and to be jointly and 
severally liable for any reimbursement obligation the sponsor incurs, 
household members may not have sufficient resources to individually 
fulfill a judgment related to the support obligation. Furthermore, 
despite the language on the Contract, it is not clear that the income 
of these additional household members is actually available to the 
sponsor for the support of the intending immigrant. Limiting household 
members will better ensure that any income listed on Form I-864A is 
actually available to the sponsor for the support of the intending 
immigrant.
3. Barriers to Repayment Actions and Reporting Problems
    USCIS receives limited information from benefit-granting agencies 
or otherparties enforcing the Affidavit or Contract, despite the 
information sharing provisions in the statute and regulations. Current 
DHS regulations for obtaining copies of Affidavits are burdensome and 
inefficient because they require a subpoena. Laws governing subpoenas 
vary by jurisdiction, but subpoenas often need to be issued by a court 
clerk or by a licensed attorney,\126\ which requires additional time 
and resources. The requirements in the current regulations may have 
contributed to unintended difficulties for benefit-granting agencies 
and sponsored immigrants seeking to hold sponsors legally responsible 
for their obligations based on Affidavits. Similarly, current 
regulations for reporting judgments against sponsors and indigency 
determination information to USCIS are confusing as there are multiple 
addresses to send notifications to, some of which are no longer 
current.\127\ The existing regulation will also soon be incorrect as 
the mailing address in the regulation will no longer be used for 
USCIS.\128\
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    \126\ For example, the Federal Rules of Civil Procedure permit 
court clerks or attorneys (authorized to practice in the issuing 
court) to issue subpoenas. See Fed. R. Civ. P. Rule 45(a)(3).
    \127\ 8 CFR 213a.4(a)(3) indicates that upon the receipt of a 
duly issued subpoena, USCIS may provide a certified copy of an 
Affidavit that has been filed on behalf of a specific alien for use 
as evidence in any action to enforce an Affidavit, and may also 
disclose the last known address and Social Security number of the 
sponsor, substitute sponsor, or joint sponsor, but that regulation 
currently does not provide an address or office to which the 
subpoena should be sent. 8 CFR 213a.4(c)(3) requires information to 
be sent to the Office of Program and Regulation Development, which 
no longer exits.
    \128\ See 8 CFR 213a.4(c)(3). USCIS expects to relocate its 
headquarters from 20 Massachusetts Ave. NW, Washington, DC 20529, 
which is the mailing address currently listed in the regulation for 
reporting purposes.

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[[Page 62442]]

IV. Discussion of Proposed Rule

A. Requiring Joint Sponsors in Certain Circumstances

    DHS is proposing revisions to 8 CFR 213a.2(c) to account for 
additional evidence relevant to determining whether the sponsor can 
demonstrate the means to maintain income at the income threshold and 
whether a sponsor can actually meet his or her support obligations.
1. Joint Sponsor Required When Petitioning or Substitute Sponsor 
Received Means-Tested Public Benefits
    DHS proposes revising 8 CFR 213a.2(c)(2)(ii)(C) to require an 
applicant filing an application on or after the effective date of this 
rule to submit a Form I-864 executed by a joint sponsor when the 
petitioning sponsor or substitute sponsor has received one or more 
means-tested public benefits \129\ on or after the effective date of 
this rule and within the 36 month period before the Form I-864 is 
filed. See proposed 8 CFR 213a.2(c)(2)(ii)(C)(4)(i). The 36-month 
period aligns with DHS' proposed revision to require 3 years of tax 
returns from sponsors and household members. See section D.2 below.
---------------------------------------------------------------------------

    \129\ The term ``means-tested public benefits'' is used as 
currently defined in 8 CFR 213a.1 throughout this proposed rule. The 
proposed rule does not substantively amend the definition of what 
constitutes a means-tested public benefit.
---------------------------------------------------------------------------

    Under the current regulation, a sponsor's receipt of means-tested 
public benefits is excluded from the calculation of the sponsor's 
income.\130\
---------------------------------------------------------------------------

    \130\ See Affidavits of Support on Behalf of Immigrants, 71 FR 
35731, 35738 (June 21, 2006).
---------------------------------------------------------------------------

    A petitioning sponsor's or substitute sponsor's receipt of means-
tested public benefits within 36 months of filing Form I-864 indicates 
that the petitioning sponsor or substitute sponsor may be unable to 
maintain income equal to at least 125 percent of the Federal poverty 
line,\131\ or 100 percent, as applicable,\132\ during the period the 
Affidavit is in effect and indicates that he or she may not have the 
ability to meet the support obligations while the Affidavit is in 
effect.\133\
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    \131\ See INA section 213A(f)(1)(E), 8 U.S.C. 1183a(f)(1)(E).
    \132\ See INA section 213A(f)(3), 8 U.S.C. 1183a(f)(3).
    \133\ See INA section 213A(a)(1)(A), 8 U.S.C. 1183a(a)(1)(A).
---------------------------------------------------------------------------

    If the petitioning sponsor or substitute sponsor has received 
means-tested public benefits on or after the effective date of this 
rule and within the 36 month period prior to executing the Affidavit he 
or she would still be required to execute the Affidavit,\134\ but would 
not meet the definition of a sponsor under section 213A(f)(1),(f)(3), 
or (f)(5)(B) of the Act, 8 U.S.C. 1183a(f)(1), (f)(3), or (f)(5)(B), 
and therefore, would be unable to meet the income requirements under 
section 213A of the Act, 8 U.S.C. 1183a. See also proposed 8 CFR 
213a.2(c)(2)(ii)(C)(4)(i). Accordingly, the intending immigrant would 
be found to be inadmissible under section 212(a)(4) of the Act, 8 
U.S.C. 1182(a)(4),\135\ unless a joint sponsor executes a separate 
Affidavit.\136\ Joint sponsors who have received a means-tested public 
benefit on or after the effective date of this rule and within 36 
months of submitting the Affidavit would likewise be considered unable 
to meet the income requirement under section 213A(f)(1)(E) of the Act, 
8 U.S.C. 1183a(f)(1)(E).\137\
---------------------------------------------------------------------------

    \134\ See INA section 213A(f)(1)(D), 8 U.S.C. 1183a(f)(1)(D).
    \135\ See INA section 213A(a)(1), 8 U.S.C. 1183a(a)(1).
    \136\ See INA section 213A(f)(2), 8 U.S.C. 1183a(f)(2). See INA 
section 213A(5)(A), 8 U.S.C. 1183a(5)(A).
    \137\ See INA section 213A(f)(5)(A), 8 U.S.C. 1183a(f)(5)(A). 
See also proposed 8 CFR 213a.2(c)(2)(ii)(C)(3)(ii).
---------------------------------------------------------------------------

    DHS recognizes that an individual's financial circumstances can 
vary over time and the receipt of a means-tested public benefit in the 
past may be less indicative of a current inability to demonstrate the 
means to maintain income at the applicable threshold for an Affidavit 
However, DHS believes that looking at the 36-month period before 
executing Form I-864 will provide a more complete picture of the 
petitioning sponsor's or substitute sponsor's ability to maintain 
income and carry out his or her support obligations. Accordingly, DHS 
proposes to require a joint sponsor when the petitioning sponsor or 
substitute sponsor has received a means-tested public benefit within 36 
months of executing Form I-864 if the means-tested public benefit was 
received on or after the effective date of the rule. The proposed 
lookback period also aligns with DHS' policy determination to require 3 
years of Federal income tax returns.
    Any receipt of a means-tested public benefit received before the 
effective date of the final rule would be considered only to the extent 
that it is excluded from the calculation of the sponsor's income, which 
is USCIS' current practice.\138\
---------------------------------------------------------------------------

    \138\ See Affidavits of Support on Behalf of Immigrants, 71 FR 
35731, 35738 (June 21, 2006).
---------------------------------------------------------------------------

    This proposed rule provides advance notice to aliens and public 
benefit granting agencies that DHS is considering changing how receipt 
of means-tested public benefits would impact the determination of 
whether an Affidavit is sufficient. DHS notes that the proposed 
exclusion of receipt of means-tested public benefits received before 
the effective date may provide an opportunity for public benefit 
granting agencies to communicate the potential consequences of 
receiving means-tested public benefits to the extent such agencies deem 
appropriate before publication of a final rule. DHS also recognizes 
that as a result of a future final rule, some benefit-granting agencies 
may decide to modify enrollment processes and program documentation for 
designated benefits programs. For instance, agencies may choose to 
advise potential beneficiaries of the potential immigration 
consequences of receiving certain public benefits. DHS requests public 
comments regarding such potential modifications, including information 
regarding how long it would take to make such modifications, and the 
resources required to make such modifications. DHS may use this 
information to determine the appropriate effective date for a final 
rule, among other purposes.
    As an alternative, DHS considered permanently barring an individual 
who had ever received means-tested public benefits from becoming a 
sponsor. However, DHS concluded such a policy would unreasonably 
restrict an individual from petitioning for eligible family members as 
is permitted by section 204 of the Act, 8 U.S.C. 1154.
    DHS specifically requests public comments on the proposed 
requirement for a joint sponsor when the petitioning sponsor or 
substitute sponsor has received any means-tested public benefits on or 
after the effective date of this rule and within 36 months of filing 
Form I-864, including the 36-month lookback period. DHS is particularly 
interested in views and data that would inform whether, and to what 
extent, DHS should consider receipt of means-tested public benefits by 
petitioning sponsors and substitute sponsors or if there are other 
potential alternatives that would better ensure that sponsors can 
demonstrate the means to maintain income at the applicable level and 
are able to carry out their support obligations during the period of 
enforceability.
a. Exception for Petitioning Sponsors on Active Duty
    DHS proposes not to apply the joint sponsor requirement when the 
petitioning sponsor has received means-tested public benefits within 36 
months of filing the Form I-864 if the petitioning sponsor is on active 
duty (other than active duty for training) in the Armed Forces of the 
United States,

[[Page 62443]]

is petitioning for his or her spouse or child under section 204 of the 
Act, 8 U.S.C. 1154, and the petitioning sponsor received the means-
tested public benefits while on active duty. See proposed 8 CFR 
213a.2(c)(2)(ii)(C)(5). The United States Government is profoundly 
grateful for the unparalleled sacrifices of the members of our armed 
services and their families. Certain members of the military may earn 
relatively low salaries, particularly if they are early in their 
careers, that are supplemented by certain allowances and tax 
advantages.\139\ The Act already imposes a different income threshold 
on petitioning sponsors who are on active duty (other than active duty 
for training) in the Armed Forces of the United States and who are 
petitioning for their spouse or child under section 204 of the Act, 8 
U.S.C. 1134, who must demonstrate the means to maintain an income equal 
to at least 100 percent of the Federal poverty line,\140\ rather than 
the 125 percent of the Federal poverty line threshold applicable to all 
other petitioning sponsors.\141\ This exception to the joint sponsor 
requirement is consistent with Congress' intent to impose different 
requirements on certain military service-members and their families, as 
well as DHS' policy of supporting our military personnel.
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    \139\ See, e.g., 37 U.S.C. 201-212, 401-439 (Basic Pay and 
Allowances Other than Travel and Transportation Allowances, 
respectively); Lawrence Kapp, Cong. Research Serv., Defense Primer: 
Regular Military Compensation tbl.1 (Dec. 26, 2019), available at 
https://fas.org/sgp/crs/natsec/IF10532.pdf (reporting average 
regular military compensation of $41,177 at the E-1 level in 2019, 
comprised of $20,171 in average annual basic pay, plus allowances 
and tax advantage) (last visited June 2, 2020). See Lawrence Kapp et 
al., Cong. Research Serv., RL33446, Military Pay: Key Questions and 
Answers 6-9 (2019), available at https://fas.org/sgp/crs/natsec/RL33446.pdf (describing types of military compensation and Federal 
tax advantages)(last visited June 2, 2020).
    \140\ See INA section 213a(f)(3), 8 U.S.C. 1183a(f)(3).
    \141\ See INA section 213a(f)(1)(E), 8 U.S.C. 1183a(f)(1)(E).
---------------------------------------------------------------------------

    DHS considered not excepting eligible military service-members from 
the proposed requirement for a joint sponsor if the petitioning sponsor 
has received means-tested public benefits within 36 months of filing an 
Affidavit. However, since certain service-members already have a 
different income threshold requirement, and recognizing the invaluable 
contributions of service-members and their families, DHS proposes 
excepting eligible service-members from this proposed requirement.
2. Joint Sponsor Required When Petitioning Sponsor or Substitute 
Sponsor Defaulted on Support Obligation
    DHS proposes revising 8 CFR 213a.2(c)(2)(ii)(C) to require the 
applicant to submit a Form I-864 executed by a joint sponsor when the 
petitioning sponsor or substitute sponsor has previously defaulted on a 
support obligation, as shown by a court judgment requiring the 
petitioning sponsor or substitute sponsor to repay a means-tested 
public benefit received by a sponsored immigrant. See proposed 8 CFR 
213a.2(c)(2)(ii)(C)(4)(ii). A petitioning sponsor's or substitute 
sponsor's default on a support obligation is indicative of the 
petitioning sponsor's or substitute sponsor's inability to demonstrate 
he or she has the means to maintain an annual income equal to at least 
125 percent of the Federal poverty line,\142\ or 100 percent as 
applicable; \143\ it is also indicative of the inability to provide 
support to maintain the intending immigrant at the income threshold 
during the period the obligation is in effect.\144\ In addition, if a 
petitioning sponsor or substitute sponsor has failed to meet his or her 
support obligations for a different alien under a prior Affidavit (as a 
sponsor) or Contract (as a household member), this can indicate that he 
or she may be unable to reimburse an agency for means-tested public 
benefits on additional Affidavits.
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    \142\ See INA section 213A(f)(1)(E), 8 U.S.C. 1183a(f)(1)(E).
    \143\ See INA section 213A(f)(3), 8 U.S.C. 1183a(f)(3).
    \144\ See INA section 213A(a)(1)(A), 8 U.S.C. 1183a(a)(1)(A).
---------------------------------------------------------------------------

    If the petitioning sponsor or substitute sponsor has failed to 
fulfill his or her obligation for a different alien on an Affidavit (as 
a sponsor) or Contract (as a household member) and is subject to a 
judgment for repayment, this may negatively impact the petitioning 
sponsor's or substitute sponsor's income because the judgment is 
similar to a debt that he or she must repay. There may be some 
instances when a petitioning sponsor's or substitute sponsor's income 
is obligated toward paying a judgment, and those petitioning sponsors 
or substitute sponsors may have less income available to support an 
intending immigrant. A petitioning sponsor's or substitute sponsor's 
failure to meet the obligation of an Affidavit or Contract is 
essentially breaching a contract with the Federal Government. As 
evidenced by the provisions in section 213a of the Act, 8 U.S.C. 1183a, 
providing for reimbursement and multiple remedies, including liens on 
real property and garnishment,\145\ Congress intended for sponsors to 
satisfy these obligations and be held accountable when they failed to 
do so.
---------------------------------------------------------------------------

    \145\ See INA section 213A(b)-(c), 8 U.S.C. 1183a(b)-(c).
---------------------------------------------------------------------------

    If the petitioning sponsor or substitute sponsor defaulted on a 
support obligation, he or she would still be required to execute an 
Affidavit but would be considered unable to meet the income 
requirements under section 213A of the Act, 8 U.S.C. 1183a; in 
particular, the petitioner would not be able to demonstrate the means 
to maintain income as required by section 213A(f)(6) of the Act, 8 
U.S.C. 1183a(f)(6), regardless of whether the individual has since 
complied with the support obligation (for example, repaid what was 
owed), and regardless of the individual's current income.
    Therefore, the intending immigrant would be found to be 
inadmissible under section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4), 
unless a joint sponsor executed a separate Affidavit.\146\ Joint 
sponsors who have previously defaulted on a support obligation would 
likewise be considered unable to meet the income requirement under 
section 213A(f)(1)(E) of the Act, 8 U.S.C. 1183a(f)(1)(E).\147\
---------------------------------------------------------------------------

    \146\ See INA section 213A(f)(2), 8 U.S.C. 1183a(f)(2). See INA 
section 213A(5)(A), 8 U.S.C. 1183a(5)(A).
    \147\ See INA section 213A(f)(5)(A), 8 U.S.C. 1183a(f)(5)(A).
---------------------------------------------------------------------------

    DHS considered the alternative of permanently barring an individual 
who had previously defaulted on a support obligation from becoming a 
sponsor. However, because section 213A(f)(1)(D) of the Act, 8 U.S.C. 
1183a(f)(1)(D), requires that the petitioner for family-based 
immigrants be a sponsor, DHS concluded that such a policy would 
unreasonably restrict an individual from petitioning for eligible 
family members as permitted by section 204 of the Act, 8 U.S.C. 1154. 
Instead, DHS proposes requiring a joint sponsor execute a Form I-864 in 
this circumstance.
    DHS specifically requests public comments on the proposed 
requirement for a joint sponsor if the petitioning sponsor or 
substitute sponsor has previously defaulted on any support obligation. 
DHS is particularly interested in views and data that would inform 
whether, and to what extent, DHS should consider previous defaults on 
support obligations by a petitioning sponsor or substitute sponsor or 
if there are other potential alternatives that would better ensure 
sponsors can demonstrate the means to maintain

[[Page 62444]]

income at the applicable level and are able to carry out their support 
obligations during the period of enforceability.

B. Changes to ``Household Income'' Definition

    DHS proposes revising 8 CFR 213a.1 to change the definition of 
``household income'' to limit household income to the income of the 
sponsor, the sponsor's spouse (if he or she executes a Contract), and, 
in specific circumstances, the intending immigrant. See proposed 8 CFR 
213a.1(f). Currently, any household member who meets the criteria set 
forth in the current household income definition may execute a 
Contract. Under the proposed definition, household income would only 
include all income of the sponsor and the sponsor's spouse (if the 
sponsor's spouse executes a Form I-864A) obtained from employment in a 
lawful enterprise or some other lawful source. See proposed 8 CFR 
213a.1(f). Under the proposed rule, household income will not include 
any income derived from unlawful enterprises, such as proceeds from 
illegal gambling or drug sales, or from means-tested public benefits. 
See proposed 8 CFR 213a.1(f). Like the current definition of household 
income, under the proposed rule, household income can include the 
income of the intending immigrant if the intending immigrant is either 
the sponsor's spouse or has the same principal residence as the 
sponsor, and the preponderance of the evidence shows that the intending 
immigrant's income is derived from employment in a lawful enterprise or 
some other lawful source, and such employment is authorized \148\ and 
will continue to be available to the intending immigrant after they 
acquire lawful permanent resident status.\149\
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    \148\ See 8 CFR 274a.12.
    \149\ See 8 CFR 213a.1.
---------------------------------------------------------------------------

    By limiting whose income may be considered available to the 
sponsor, DHS believes it will reduce the possibility of counting income 
of household members who may not be able to, on their own, meet the 
support obligations. The Contract allows a sponsor to include the 
income of a household member as part of the sponsor's income in cases 
where the sponsor cannot meet it by himself or herself. While the 
household member agrees to be jointly and severally liable with the 
sponsor to support the sponsored immigrant(s), the household member 
does not need to demonstrate that he or she can maintain income at the 
applicable income threshold. Moreover, even where a household member 
has enough income and/or assets to help meet the income threshold, the 
household member's income and assets may actually be unavailable to 
support the sponsored immigrant because the household member has other 
financial obligations.
    DHS believes that limiting household income to the income of the 
sponsor, the sponsor's spouse, and, in certain circumstances, the 
intending immigrant, more accurately reflects income that will be 
available to the sponsor to support the intending immigrant under the 
support obligation.
    DHS believes there is a greater likelihood that the income of the 
sponsor's spouse (compared to other household members) would actually 
be available to the sponsor to support the intending immigrant because 
spouses often share financial resources with each other. DHS further 
believes that there is a greater likelihood that the income of an 
intending immigrant would actually be available to the sponsor if the 
intending immigrant is accompanied by his or her spouse or children 
because the intending immigrant has a vested interest in his or her own 
family's success and wellbeing in the United States. Therefore, DHS 
concluded that limiting the household members who could execute a 
Contract to the sponsor's spouse and the intending immigrant if 
accompanied by the intending immigrant's spouse and children would 
better ensure that the income the sponsor is relying on is actually 
available to support the intending immigrant.
    DHS considered eliminating the Contract entirely, and considering 
only the sponsor's income for the purposes of the Affidavit. This would 
prevent any individual who is unable to meet the applicable income 
threshold based solely on his or her own income and assets from 
executing an Affidavit without a joint sponsor also executing an 
Affidavit in which the joint sponsor agrees to be jointly and severally 
liable for the sponsored immigrant. This alternative is consistent with 
section 213A(f)(6)(A)(ii) of the Act, 8 U.S.C. 1183a(f)(6)(A)(ii), 
which references only the income of intending immigrants and sponsors. 
Additionally, it is consistent with one of the aims of this rule--
better ensuring that sponsors can meet their support obligations, 
insofar as the household member is not required to demonstrate the 
means to maintain income at the applicable income threshold on his or 
her own or that the income is actually available to the sponsor to use 
to support the intending immigrants. In cases in which the household 
member does not have income of at least the income threshold, it is 
possible that neither the sponsor nor the household members can alone 
meet the support obligations, even though both have agreed to be 
jointly and severally liable for the support obligation. However, DHS 
did not want to preclude the immigration of an intending immigrant's 
minor children because the petitioning sponsor could not use the income 
of the intending immigrant parent. Furthermore, DHS recognizes that 
dual income households are a common and accepted way for households to 
meet their needs, DHS decided to continue to take this fact into 
account. DHS specifically requests public comments on the proposed 
changes to the household income definition, including the proposed 
limitation on who may execute a Contract. DHS is particularly 
interested in views and data that would inform how DHS should define 
household income, or if there are other potential alternatives that 
would help ensure that household income is actually available to the 
sponsor to support the intending immigrant.

C. Changes to ``Household Size''

    DHS proposes revising 8 CFR 213a.1 to change the definition of 
household size to also include, for purposes of counting household 
size: any aliens for whom the sponsor executed a Contract Between 
Sponsor and Household Member for whom the support obligation has not 
terminated (including any aliens for whom the sponsor has executed a 
Contract that has not yet become effective in accordance with 8 CFR 
213a.2(e)(1), unless that Contract has been timely withdrawn or the 
adjustment of status application or immigrant visa application 
associated with that Contract has been denied and any appeal exhausted 
or waived); and any aliens the sponsor has sponsored under any other 
Affidavit for whom the sponsor's support obligation has not terminated 
(including any aliens for whom the sponsor has executed an Affidavit 
that has not yet become effective in accordance with 8 CFR 
213a.2(e)(1), unless the sponsor has either timely withdrawn the 
Affidavit of Support or the adjustment of status application or 
immigrant visa application associated with that Affidavit has been 
denied and any appeal exhausted or waived). See proposed 8 CFR 
213a.1(g). The sponsor has already agreed to support these individuals 
when those Affidavits or Contracts go into effect and these support 
obligations are relevant to the sponsor's ability to demonstrate means 
to maintain income to support the

[[Page 62445]]

intending immigrant listed on any other Affidavit, as well as the 
ability to meet his or her support obligations once the Affidavit goes 
into effect.
    With respect to sponsored immigrants and household members who are 
counted as part of the household size, current regulations require only 
the inclusion of aliens whom the sponsor has sponsored under any 
Affidavit, and for whom the sponsor's support obligation has not been 
terminated, as well as the number of aliens to be sponsored under the 
current Affidavit.\150\ However, a sponsor that previously agreed to 
make his or her income or assets available to support intending 
immigrants through a Contract will undertake a support obligation when 
that Contract goes into effect, which impacts the sponsor's ability to 
demonstrate that he or she meets the requirements of section 213A of 
the Act, 8 U.S.C. 1183a, and has the means to maintain income to 
support any other intending immigrants.
---------------------------------------------------------------------------

    \150\ See 8 CFR 213a.1.
---------------------------------------------------------------------------

    If the sponsor has executed other Affidavits and Contracts for 
aliens that have not yet gone into effect, the sponsor has demonstrated 
the intent to support these sponsored immigrants. However, this 
proposed change excludes from the household size individuals named on 
previously executed Affidavits and Contracts where the support 
obligation will never take effect because the Affidavit or Contract was 
timely withdrawn or the adjustment of status application or immigrant 
visa application associated with that Affidavit or Contract has been 
denied and any appeal exhausted or waived. This proposed change also 
reflects the reality of variable processing times and the fact that 
there may be a considerable lag between when an immigration officer or 
immigration judge reviews a sponsor's earlier-executed Affidavit or 
Contract and when an immigration officer or immigration judge reviews a 
later-submitted Affidavit from the same sponsor.
    The sponsor's household size should reflect all support obligations 
the sponsor has agreed to undertake as either a sponsor or as a 
household member, which will ensure that the immigration officer or 
immigration judge can assess whether the sponsor meets the requirements 
set forth in section 213A of the Act, 8 U.S.C. 1183a, and that the 
sponsor has demonstrated the ability to meet his or her support 
obligations.
    DHS considered keeping the existing household size definition. 
However, DHS concluded that including the number of individuals 
sponsored in pending Affidavits or Contracts as part of a sponsor's 
household size will reduce the instances of sponsors undertaking 
support obligations that they cannot, or do not intend to, fulfill. DHS 
believes the proposed change to the household size definition will help 
ensure sponsors have the means to maintain income at the applicable 
income threshold and can meet their support obligations. This proposed 
change will also preserve DHS' limited resources and protect the 
integrity of the immigration system by reducing insufficient Affidavit 
filings.

D. Revised Evidentiary Requirements

    DHS is proposing revisions to 8 CFR 213a.2(c) to require additional 
documentary evidence that sponsors need to provide with their Affidavit 
to demonstrate that they have the means to maintain income at the 
applicable income threshold. Household members who execute a Contract 
will also be subject to the proposed additional evidentiary 
requirements.
    1. Requiring Credit Reports and Credit Scores
    DHS is proposing amending 8 CFR 213a.2(c)(2)(ii)(C) to allow 
immigration officers and immigration judges to take a sponsor's credit 
report and credit score into account when determining whether a sponsor 
has the means to maintain an annual income at or above the threshold, 
and whether the sponsor can, in fact, meet his or her support 
obligations. See proposed 8 CFR 213a.2(c)(2)(ii)(C). Credit reports 
contain information about an individual's bill payment history, loans, 
current debt, and other financial information such as the number and 
type of accounts with overdue payments, collection actions, outstanding 
debt, and the age of the accounts in the United States.\151\ Credit 
reports may also provide information about an individual's work and 
places of residence, lawsuits, arrests, and bankruptcies in the United 
States.\152\ Credit scores rate an individual's credit worthiness and 
credit risk at a point in time, and credit scores are based on an 
individual's financial history.\153\ Credit reports and credit scores 
are frequently used by lenders, employers, insurers, and other entities 
when assessing individuals' financial circumstances.\154\ For example, 
lenders use credit reports and scores to determine the likelihood that 
a prospective borrower will repay a loan.\155\
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    \151\ See USA.gov, Credit Reports and Scores, available at 
https://www.usa.gov/credit-reports (last visited June 2, 2020). See 
also Fed. Trade Comm'n, Consumer Information: Credit Scores (Sept. 
2013), available at https://www.consumer.ftc.gov/articles/0152-credit-scores (last visited June 2, 2020).
    \152\ See USA.gov, Credit Reports and Scores, available at 
https://www.usa.gov/credit-reports (last visited June 2, 2020).
    \153\ See USA.gov, Credit Reports and Scores, available at 
https://www.usa.gov/credit-reports (last visited June 2, 2020).
    \154\ See USA.gov, Credit Reports and Scores, available at 
https://www.usa.gov/credit-reports (last visited June 2, 2020). See 
Cheryl R. Cooper et. al., Congressional Research Services, R44125, 
Consumer Credit Reporting, Credit Bureaus, Credit Scoring, and 
Related Policy Issues, p. 1 (2020), available at https://fas.org/sgp/crs/misc/R44125.pdf (last visited June 2, 2020).
    \155\ See Cheryl R. Cooper et al., Congressional Research 
Services, R44125, Consumer Credit Reporting, Credit Bureaus, Credit 
Scoring, and Related Policy Issues, p. 1 (2020), available at 
https://fas.org/sgp/crs/misc/R44125.pdf (last visited June 2, 2020).
---------------------------------------------------------------------------

    While the sponsor's credit score or report would not determine, by 
itself, whether he or she has demonstrated the means to maintain income 
of at least 125 percent of the Federal poverty line (or 100 percent as 
applicable),\156\ or the means to carry out the support obligations, a 
poor credit score (below 580) \157\ or negative information on the 
credit report such as a high amount of outstanding debt, late payments, 
delinquent accounts, collections actions, and bankruptcy may indicate 
that a sponsor does not have the means to maintain income to support 
the intending immigrant or that the sponsor will not be able to carry 
out the support obligations.
---------------------------------------------------------------------------

    \156\ See INA section 213A(f)(3), 8 U.S.C. 1183a(f)(3).
    \157\ See Experian, What is a Good Credit Score, available at 
https://www.experian.com/blogs/ask-experian/credit-education/score-basics/what-is-a-good-credit-score/ (last visited June 2, 2020).
---------------------------------------------------------------------------

    On the other hand, a fair or higher credit score (580 or above) or 
positive credit history may indicate that a sponsor has the means to 
maintain income to support the intending immigrant and that the sponsor 
will be able to carry out the support obligation.
    For the same reasons set forth above, DHS also proposes to consider 
the credit report and score of a household member executing Form I-
864A.
    DHS considered not requesting credit reports and credit scores from 
sponsors and household members executing Form I-864A. However, DHS 
determined that the financial status information provided by credit 
reports and credit scores would assist USCIS in determining if a 
sponsor or a household member who executes Form I-864A actually has the 
means to maintain the required income level and whether the sponsor or 
household member can meet his or her support obligations.

[[Page 62446]]

2. Federal Income Tax Returns for 3 Years
    Consistent with DHS' authority in section 213A(f)(6)(A)(i) of the 
Act, 8 U.S.C. 1183a(f)(6)(A)(i), DHS is proposing to amend 8 CFR 
213a.2(c)(2)(i)(A) to require sponsors and household members who 
execute Form I-864A to provide Internal Revenue Service-issued 
certified copies or Internal Revenue Service-issued transcripts \158\ 
of their Federal income tax returns for the 3 most recent taxable 
years. See proposed 8 CFR 213a.2(c)(2)(i)(A). The statute permits DHS 
to require tax returns for the 3 most recent taxable years \159\ but 
the existing regulation only requires sponsors to submit tax returns 
for the most recent taxable year.\160\ The 1997 interim final rule 
implementing section 213A of the Act, 8 U.S.C. 1183a, required sponsors 
to provide copies of the 3 most recent tax years with an 
Affidavit.\161\ However, in the 2006 final rule, DHS chose to require 
sponsors to only submit tax returns for the most recent tax year, as 
permitted by section 213A(f)(6)(B) of the Act, 8 U.S.C. 
1183a(f)(6)(B).\162\ The 2006 final rule also allowed sponsors to 
submit tax returns for the 3 most recent tax years, if they believe the 
additional tax returns may help to establish their ability to maintain 
the required household income.\163\ The alternative of requiring only 
the tax return from the most recent tax year demonstrates a sponsor's 
income for that year, and does not allow immigration officers or 
immigration judges to review a sponsor's ability to maintain that 
income. Therefore, requiring only the tax return from the most recent 
tax year is not adequately representative of a sponsor's ability to 
support the sponsored immigrant throughout the obligation period. The 
provision in section 213A(f)(6)(B) of the Act, 8 U.S.C. 1183a(f)(6)(B), 
that permits DHS to limit the evidence that is submitted to demonstrate 
the means to maintain income to only the most recent tax year is 
discretionary, and therefore need not be applied to sponsors.
---------------------------------------------------------------------------

    \158\ A tax transcript summarizes return information and they 
are available for the most current tax year after the IRS processes 
the return. Taxpayers can also get them for the past 3 years. See 
How to Get Tax Transcripts and Copies of Tax Returns from the IRS, 
available at https://www.irs.gov/newsroom/how-to-get-tax-transcripts-and-copies-of-tax-returns-from-the-irs (last visited 
June 2, 2020).
    \159\ See INA section 213A(f)(6)(a)(i), 8 U.S.C. 
1183a(f)(6)(A)(i).
    \160\ See INA section 213A(f)(6)(B), 8 U.S.C. 1183a(f)(6)(B). 
See also 8 CFR 213a.2(c)(2)(i)(A).
    \161\ See Affidavit of Support on Behalf of Immigrants, 62 FR 
54346, 54354 (Oct. 20, 1997).
    \162\ See Affidavits of Support on Behalf of Immigrants, 71 FR 
35731 (June 21, 2006).
    \163\ See INA section 213A(f)(6)(B), 8 U.S.C. 1183a(f)(6)(B). 
See also 8 CFR 213a.2(c)(2)(i)(A). See Affidavits of Support on 
Behalf of Immigrants, 71 FR 35731 (June 21, 2006).
---------------------------------------------------------------------------

    By reviewing 3 years of tax returns for all sponsors, as well as 
household members executing a Contract, immigration officers and 
immigration judges will have a more complete picture of a sponsor's 
financial circumstances in order to determine if a sponsor or household 
member who executed Form I-864A has demonstrated the means to maintain 
income at the income threshold for the sponsor's household size and 
whether the sponsor or household member who executed Form I-864A has 
demonstrated that he or she will actually be able to fulfill his or her 
support obligation to the intending immigrant. For purposes of 
demonstrating the means to maintain income, the total income, before 
deductions in the sponsor's tax return for the most recent taxable 
year, will continue to be generally determinative \164\ of whether a 
sponsor's income is sufficient to maintain the sponsored immigrant at 
the income threshold for the sponsor's household size. As evidenced by 
the Act, Congress concluded that reviewing 3 years of tax returns was 
an important factor in demonstrating a sponsor's ability to maintain 
the required income.\165\
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    \164\ See INA section 213A(f)(6)(B), 8 U.S.C. 1183a(f)(6)(B).
    \165\ See INA section 213A(f)(6)(A)(i), 8 U.S.C. 
1183a(f)(6)(A)(i).
---------------------------------------------------------------------------

    Also consistent with the Act, DHS proposes clarifying that the tax 
returns must be certified copies issued by the Internal Revenue Service 
(IRS).\166\ Individuals may request certified copies from the IRS for 
the current tax year and the prior six years. DHS proposes conforming 
edits to the regulation to be consistent with these revisions. See 
proposed 8 CFR 213a.2(c)(2)(i)(B), 8 CFR 213a.2(c)(2)(i)(C)(4), and 8 
CFR 213a.2(c)(2)(i)(D).
---------------------------------------------------------------------------

    \166\ See INA section 213A(f)(6)(A)(i), 8 U.S.C. 
1183a(f)(6)(A)(i).
---------------------------------------------------------------------------

    DHS considered keeping the existing requirement for only 1 year of 
tax returns. However, DHS concluded requiring 3 years of tax returns, 
instead of a single year, has significant value in determining sponsor 
eligibility. By reviewing 3 years of tax returns, immigration officers 
and immigration judges will be able to identify patterns in the yearly 
income of sponsors, and thereby better establish not only whether the 
sponsor's income reached the required threshold in the year the 
Affidavit was filed, but also the sponsor's ability to maintain the 
required income threshold over time.

E. Bank Account Information

    DHS proposes to amend 8 CFR 213a.2(c)(2)(v) to add the collection 
of the sponsor's bank account information, such as type of account 
(e.g. checking, saving), bank account numbers and routing numbers. See 
proposed 8 CFR 213a.2(c)(2)(v). DHS also proposes to add the collection 
of bank account information for a household member who executes Form I-
864A.

F. Address Change Requirements

    DHS is proposing to revise 8 CFR 213a.3 to require that all 
household members who execute a Contract must notify DHS within 30 days 
if they change their address. See proposed 8 CFR 213a.3. The current 
regulation only requires sponsors to submit an address change to DHS 
using Form I-865.\167\ Since household members agree to accept the same 
obligations as a sponsor with regards to the intending immigrant, it is 
important that DHS has household members' current addresses and DHS is 
timely notified of any address changes. All household members, whether 
an alien, U.S. citizen or U.S. national, would be required, under the 
proposed rule, to notify DHS within 30 days of any change of 
address.\168\ This provision does not alter the current requirement 
that most aliens in the United States must report each change of 
address and new address within ten days of such change.\169\
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    \167\ See 8 CFR 213a.3(a)(1).
    \168\ See INA section 213A(d), 8 U.S.C. 1183a(d). See also 8 CFR 
213a.3.
    \169\ See INA section 265(a), 8 U.S.C. 1305(a). See also 8 CFR 
265.1.
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    Upon request, DHS provides information about sponsors and household 
members to benefit-granting agencies to assist agencies in performing 
income deeming and/or to seek reimbursement for means-tested public 
benefits issued to sponsored immigrants. DHS needs to have current 
address information for household members, as well as sponsors, in 
order to perform this service for benefit-granting agencies. DHS also 
proposes to make household members subject to the same civil penalty 
imposed on sponsors if they fail to provide notice of an address change 
to DHS as required. See proposed 8 CFR 213a.3(b).

G. Information Sharing Provisions

    DHS is proposing to revise 8 CFR 213a.4 to update how certain 
information concerning sponsors and sponsored immigrants is submitted 
to or requested from USCIS.

[[Page 62447]]

1. Eliminating Subpoena Requirement
    To assist benefit-granting agencies and sponsored immigrants in 
holding sponsors and household members accountable for their support 
obligations, DHS proposes to revise 8 CFR 213a.4(a)(3) to make it 
easier for certain parties to obtain certified copies of Affidavits 
from USCIS. See proposed 8 CFR 213a.4(a)(3). Currently, USCIS will 
provide a certified copy of an Affidavit only after USCIS receives a 
duly issued subpoena.\170\ However, it is burdensome, costly, and 
inefficient for parties to obtain subpoenas merely to get a copy of an 
Affidavit. The existing requirement may discourage benefit-granting 
agencies and sponsored immigrants from enforcing the support 
obligations and/or seeking reimbursement. Also, in signing an 
Affidavit, sponsors have already authorized ``the release of 
information contained in [the] affidavit, in supporting documents, and 
in my USCIS or DOS records, to other entities and persons where 
necessary for the administration and enforcement of U.S. immigration 
law.'' \171\ Household members who sign a Contract also authorize the 
release of information contained in the Contract.\172\ DHS proposes to 
eliminate the subpoena requirement to make the reimbursement process 
easier and to better ensure that sponsors and household members who 
execute a Contract are meeting their support obligations.\173\ Instead, 
DHS proposes that it will provide a certified copy of an Affidavit or 
Contract after receipt of a formal request to a party or entity 
authorized to receive a certified copy of an Affidavit or Contract, 
such as bringing an action to enforce an Affidavit or Contract, so that 
the Affidavit or Contract may be used as evidence in any action to 
enforce the support obligation or as part of a request for 
reimbursement. Authorized parties or entities will make a formal 
request by submitting to USCIS a new form, Request for Certified Copy 
of Affidavit of Support Under Section 213A of the INA or Contract 
Between Sponsor and Household Member (Form G-1563) (``request form''). 
The request form will not have a filing fee.
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    \170\ See 8 CFR 213a.4(a)(3).
    \171\ See Instructions for Affidavit of Support Under Section 
213A of the INA, available at https://www.uscis.gov/i-864 (last 
visited June 2, 2020).
    \172\ See Instructions for Contract Between a Sponsor and 
Household Member, available at https://www.uscis.gov/i-864a (last 
visited June 2, 2020).
    \173\ See Presidential Memorandum, Enforcing the Legal 
Responsibilities of Sponsors of Aliens, (May 23, 2019), available at 
https://www.whitehouse.gov/presidential-actions/memorandum-enforcing-legal-responsibilities-sponsors-aliens/ (last visited May 
24, 2019). See 8 CFR 213a.4(c)(1).
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    As an alternative, DHS considered leaving the subpoena requirement 
in the regulation. However, to better facilitate Congressional intent 
that sponsors fulfill their support obligations during the period of 
enforceability, DHS proposes eliminating the subpoena requirement in 
order to facilitate the initiation of repayment or reimbursement 
actions. This proposed change is also consistent with the Presidential 
Memo's directive to establish procedures for data sharing, which will 
better ensure that existing immigration laws are enforced and that 
sponsors fulfill their support obligations during the period of 
enforceability.
    DHS specifically requests public comments on the proposed change to 
eliminate the subpoena requirement. DHS is particularly interested in 
views and data concerning costs associated with obtaining a duly-issued 
subpoena, or if there are other potential alternatives that would help 
ensure that support obligations, including reimbursement of means-
tested public benefits, are met. DHS also requests comment on the 
proposed request form and instructions.
2. Revising Reporting Processes
    DHS proposes revising the reporting provisions in 8 CFR 213a.4(c) 
to provide more efficient mechanisms for fulfilling the reporting 
requirements. The current regulation requires parties that obtain final 
judgments against a sponsor to mail certified copies of judgments to 
the ``Office of Program and Regulation Development'' at USCIS' 
headquarters in Washington, DC \174\ However, the Office of Program and 
Regulation Development no longer exists and USCIS' headquarters is 
expected to relocate in the near future. Similarly, 8 CFR 213a.4(c)(2) 
directs entities that administer means-tested public benefits to mail 
written notice of indigency determinations to the Office of Program and 
Regulation Development. DHS proposes to delete 8 CFR 213a.4(c)(3) in 
its entirety as the program office and mailing address in that 
provision are no longer appropriate. DHS also proposes to revise 8 CFR 
213a.4(c)(1) and (2) to delete the outdated mailing instructions. 
Instead, reporting parties will do so in a manner to be described by 
DHS. See proposed 8 CFR 213a.4(c)(1) and (2).
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    \174\ See 8 CFR 213a.4(c)(1).
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H. Revised Definitions

    DHS proposes to add new definitions to 8 CFR 213a.1, revise current 
definitions of key terms in 8 CFR 213a.1, and also add alphabetical 
designations for each definition. See proposed 8 CFR 213a.1. By 
defining and clarifying key terms, this proposed rule would provide 
greater certainty regarding the eligibility criteria for sponsors and 
intending immigrants. Adding designations for each definition will 
enhance readability and clarity for the regulation.
     Add definition for active duty. DHS is proposing adding a 
definition for ``active duty'' to include: Full-time duty in the U.S. 
Armed Forces, other than active duty for training, full-time duty 
(other than for training purposes), as a commissioned officer of the 
Regular or Reserve Corps of the Public Health Service, full-time duty 
as a commissioned officer of the National Oceanic and Atmospheric 
Administration, and full-time duty as a cadet or midshipman at the 
United States Military Academy, United States Naval Academy, United 
States Air Force Academy, or the United States Coast Guard Academy. 
These added definitions clarify who is active duty as the term is used 
in section 213A(f)(3) of the Act, 8 U.S.C. 1183a(f)(3). DHS proposed 
this definition because it is consistent with a statutory definition of 
active duty created by Congress, which applies to Servicemembers and 
codified in 38 U.S.C. 1965.
     Add definition for active duty for training. DHS is 
proposing to add the definition for ``active duty for training'' to 
mean full-time duty in the U.S. Armed Forces performed by Reserves for 
training purposes, full-time duty for training purposes performed as a 
commissioned officer of the Reserve Corps of the Public Health Service, 
full-time duty as a member, cadet, or midshipman of the Reserve 
Officers Training Corps while attending field training or practice 
cruises, and, in the case of members of the National Guard or Air 
National Guard of any State, full-time duty under sections 316, 502, 
503, 504, or 505 of the title 32, United States Code. The term ``active 
duty for training'' does not include duty performed as a temporary 
member of the Coast Guard Reserve. The added definition clarifies who 
is active duty for training as the term is used in section 213A(f)(3) 
of the Act, 8 U.S.C. 1183a(f)(3). DHS proposed this definition because 
it is consistent with a statutory definition of active duty for 
training duty created by Congress, which applies to Servicemembers 
codified in 38 U.S.C. 1965.
     Add definition for execute. DHS proposes to add the 
definition for ``execute'' to mean, for the purposes of 8 CFR 213a, an 
Affidavit of Support

[[Page 62448]]

Under Section 213A of the INA or a Contract Between a Sponsor and 
Household Member is executed when a sponsor or household member signs 
and submits the appropriate forms in accordance with the form 
instructions to USCIS or the Department of State, as appropriate. This 
new definition replaces the definition in current 8 CFR 
213a.2(a)(1)(ii), which defines the term execute only for the purposes 
of the Affidavit.
     Amend Federal poverty line definition. DHS proposes to 
revise the definition of ``Federal poverty line'' to replace the phrase 
``the Service'' with ``DHS'', which reflects the dissolution of the 
Immigration and Naturalization Service and the transference of its 
duties and responsibilities to the U.S. Department of Homeland Security 
through the Homeland Security Act of 2002.\175\ DHS is also proposing 
to amend the Federal poverty line definition to clarify that the 
poverty guidelines as referenced in the definition is the Federal 
Poverty Guidelines (FPG) as issued annually by HHS.
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    \175\ See Homeland Security Act of 2002, Public Law 107-296 
(Nov. 25, 2002).
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     Amend household income definition. DHS is proposing to 
revise the definition of ``household income'' to mean the income used 
to determine whether a sponsor meets the minimum income requirements 
under sections 213A(f)(1)(E), 213A(f)(3), or 213A(f)(5) of the Act, 8 
U.S.C 1183a(f)(1)(E), (f)(3), or (f)(5). Under the proposed amended 
definition, household income will include all income, obtained from 
employment in a lawful enterprise or some other lawful source, of the 
sponsor, the sponsor's spouse if the spouse submitted a Contract, and 
the intending immigrant's income that will continue to be available to 
the intending immigrant after he or she acquires lawful permanent 
resident status. Household income will not include income from 
employment that has not yet actually begun, income derived from 
unlawful enterprises, such as proceeds from illegal gambling or drug 
sales, any intending immigrant income derived from employment that is 
not authorized under 8 CFR 274a.12, or income from means-tested public 
benefits, as defined in 8 CFR 213a.1(l). This proposed definition will 
clarify that household income will not include the income of household 
members other than the sponsor, the sponsor's spouse who executed a 
Contract, or the intending immigrant, in order for the sponsor to meet 
the income requirements of section 213A of the Act, 8 U.S.C. 1183a. 
This revision will better assist immigration officers and immigration 
judges in determining whether a sponsor has the means to maintain 
income of at least 125 percent of the Federal poverty line and whether 
the sponsor will be able to carry out their support obligations.
     Amend household size definition. DHS is proposing to 
revise the definition of ``household size'' to add the requirement 
that, in addition to the individuals included in the current 
definition, a sponsor must include any other aliens listed on an 
executed Affidavit that has not yet gone into effect, unless the 
sponsor has withdrawn the Affidavit, or the application associated with 
the Affidavit has been denied and any appeals have been exhausted or 
waived. DHS is also proposing to include in ``household size'' aliens 
for whom the sponsor has executed a Contract and the support obligation 
is still in effect, and any executed Contract that has not yet gone 
into effect, unless the sponsor has withdrawn the Contract, or the 
application associated with the Contract has been denied and any 
appeals have been exhausted or waived. The proposed amendment would 
also eliminate the sponsor's ability to include the income of household 
members besides a spouse who executed Form I-864A and the intending 
immigrant in order to meet the income requirements of section 213A of 
the Act, 8 U.S.C. 1183a. DHS is proposing this change to correspond 
with the proposed amendment of the definition of household income, 
which would exclude the income of any individual other than the 
sponsor, the sponsor's spouse, and the intending immigrant. These 
proposed amendments, consistent with the statute's purpose of ensuring 
sponsors fulfill their support obligations, will provide a more 
accurate assessment of the number of individuals the sponsor is 
currently supporting or is seeking to support. The revised definition 
will assist DHS in determining if a sponsor meets the support 
requirements, has demonstrated the means to maintain income at the 
required income level, and will be able to meet their support 
obligations.
     Amend immigration officer definition. DHS is proposing to 
revise the definition of ``immigration officer'' by updating an 
incorrect reference. Immigration officer as defined for purposes of 8 
CFR chapter I is currently found in 8 CFR 1.2, and not 8 CFR 103.1(j) 
as 8 CFR 213a.1 currently indicates. Proposed 8 CFR 213a.1(h) is 
revised to provide that, solely for purposes of this part, immigration 
officer includes a consular officer, as defined by section 101(a)(9) of 
the Act, as well as an immigration officer, as defined by Sec.  1.2 of 
the chapter. This is a technical correction that does not substantively 
change the definition of immigration officer as currently defined in 8 
CFR 213a.1.
     Amend income definition. DHS is proposing to amend the 
definition of ``income'' to mean an individual's total income (e.g., 
adjusted gross income for those who file an Income Tax Return for 
Single Filers With No Dependents) for purposes of the individual's U.S. 
Federal income tax liability, including a joint income tax return, 
excluding any income earned or derived from unlawful enterprises, such 
as illegal gambling or drug sales. Only an individual's Federal income 
tax return--that is, neither a state or territorial income tax return 
nor an income tax return filed with a foreign government--can be filed 
with an Affidavit or with a Contract, unless the individual had no duty 
to file a Federal income tax return, and claims his or her state, 
territorial or foreign taxable income is sufficient to establish the 
sufficiency of the Affidavit or the Contract. The proposed amendment, 
consistent with the statute, requires a sponsor to provide verified 
information regarding his or her income, and therefore provide reliable 
information regarding a sponsor's ability to support the intending 
immigrant.
     Amend joint sponsor definition. DHS is proposing to revise 
the definition of ``joint sponsor'' to refer to the sponsor who filed 
the immigrant petition on behalf of the intending immigrant as the 
``petitioning sponsor''. This amendment corresponds with section 
213A(f)(5)(A) of the Act, 8 U.S.C. 1183a(f)(5)(A), which uses the term 
`petitioning sponsor' and clarifies the identity of the intending 
immigrant's sponsor.
     Add definition for petitioning sponsor. DHS is proposing 
to add a definition of ``petitioning sponsor'' to mean a sponsor who 
meets all the requirements of section 213A(f)(1)(A) through (E) of the 
Act; meets the requirements of section 213A(f)(1)(A), (B), (C), and (D) 
and (f)(2) of the Act; meets the requirements of section 213A(f)(1)(A), 
(B), (C), and (D) and (f)(3) of the Act; meets the requirements of 
section 213A(f)(1)(A), (B), (C), and (D) and (f)(4)(A) and (f)(4)(B)(i) 
of the Act; or meets the requirements of section 213A(f)(1)(A), (B), 
(C), (f)(4)(A) and (f)(4)(B)(ii) of the Act. This definition, 
consistent with the statute, differentiates between the petitioning 
sponsor, as proposed above, any joint sponsor who accepts joint and 
several

[[Page 62449]]

liability with the petitioner,\176\ and a substitute sponsor, who 
accepts the petitioning sponsor's support obligations if the 
petitioning sponsor dies after the immigrant petition was 
approved.\177\ DHS proposes conforming edits throughout the regulation 
to be consistent with this new definition.
---------------------------------------------------------------------------

    \176\ See INA section 213A(f)(2), 8 U.S.C. 1183a(f)(2). See INA 
section 213A(5)(A), 8 U.S.C. 1183a(5)(A).
    \177\ See INA section 213A(f)(5)(B), 8 U.S.C. 1183a(f)(5)(B).
---------------------------------------------------------------------------

     Amend definition of sponsor. DHS is proposing to revise 
the definition of ``sponsor'' to include the three categories of 
sponsors: Petitioning sponsor, joint sponsor, and substitute sponsor. 
This proposed amendment, consistent with statute, clarifies the 
categories of sponsors and corresponds to the obligations defined in 
the statute of each category. DHS proposes conforming edits throughout 
the regulation to be consistent with this new definition.
     Add definition for U.S. Armed Forces, otherwise known as 
Armed Forces of the United States. DHS is proposing to add the 
definition of ``U.S. Armed Forces'' to mean Army, Navy, Air Force, 
Marine Corps, and Coast Guard as codified in 10 U.S.C. 101(a)(4). This 
definition, consistent with the statute, clarifies the key term in the 
proposed definitions for ``active duty'' and ``active duty for 
training.'' \178\
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    \178\ See 10 U.S.C. 101(a)(4).
---------------------------------------------------------------------------

I. Clarifying Affidavit Requirements for Certain Children of U.S. 
Citizens Acquiring U.S. Citizenship

    DHS proposes to clarify the exemption from the Affidavit 
requirement for foreign-born children who will automatically acquire 
U.S. citizenship under section 320 of the Act after admission to the 
United States as an LPR and taking up residence in the legal and 
physical custody of their U.S. citizen parent. DHS is not adding a new 
exemption, but rather, is identifying which immigrant categories of 
children need to file an Affidavit, and which do not, as described 
below. Accordingly, DHS proposes to amend 8 CFR 213a.2(a)(2)(ii)(E) to 
clarify that 8 CFR 213a.2(a)(1) does not apply if the intending 
immigrant:
     Is the child of a U.S. citizen, and the child's lawful 
admission for permanent residence and residence in the United States in 
the U.S. citizen parent(s)' legal and physical custody will result in 
the child's automatic acquisition of citizenship under section 320 of 
the Act, 8 U.S.C. 1431, as amended, unless the child is considered to 
be coming to the United States for adoption under sections 101(b)(1)(F) 
and 101(b)(1)(G) of the Act, 8 U.S.C. 1101(b)(1)(F) and 1101(b)(1)(G).
    The current regulation does not address the different ways that a 
child may come to the United States to be adopted as described in 
sections 101(b)(1)(E), 101(b)(1)(F), and 101(b)(1)(G) of the Act, 8 
U.S.C. 1101(b)(1)(E), 1101(b)(1)(F), and 1101(b)(1)(G). Therefore, 
these clarifying edits provide the specific provisions under the INA 
that apply to adopted children who are and who are not subject to the 
Affidavit requirement.
    Alien children of U.S. citizens, who must first establish 
eligibility for admission, are subject to section 212(a)(4) of the Act, 
8 U.S.C. 1182(a)(4), even though they may later acquire U.S. 
citizenship upon meeting the requirements of section 320 of the Act, 8 
U.S.C. 1431.\179\ However, children of U.S. citizens who will 
automatically acquire citizenship under section 320 of the Act, 8 
U.S.C. 1431, after admission to the United States as an LPR and taking 
up residence in the legal and physical custody of their U.S. citizen 
parent, are exempt from the Affidavit requirement under the current 
regulations and will continue to be exempt under the proposed 
regulations.\180\
---------------------------------------------------------------------------

    \179\ Note that children born abroad to U.S. citizen parents may 
also acquire U.S. citizenship at birth under certain circumstances, 
such as where both parents are U.S. citizens and one parent had 
resided in the United States prior to the child's birth, or where 
one parent is a U.S. citizen who was physically present in the 
United States for at least five years, two of which were after age 
14. Such children would enter the United States as U.S. citizens and 
would not be subject to an admissibility determination. See INA 
sections 301 and 309, 8 U.S.C. 1401 and 1409. These children would 
apply with DOS for a Consular Report of Birth Abroad and/or 
passport. See Department of State, Consular Reports on Birth Abroad, 
available at https://travel.state.gov/content/congress-liaison-home/en/Congressional_Liaison/Americans-Abroad/consular-reports-of-birth-abroad.html (last visited June 2, 2020).
    \180\ See Child Citizenship Act, Public Law 106-395, 114 Stat. 
1631 (Oct. 30, 2000). See also 8 CFR 213a.2(a)(2)(ii)(E). 
Stepchildren of U.S. citizens are not eligible for acquisition of 
citizenship under section 320 of the Act unless the child is adopted 
by the U.S. citizen step-parent. See INA section 101(c)(1), 8 U.S.C. 
1101(c)(1).
---------------------------------------------------------------------------

    The following categories of children automatically acquire 
citizenship after admission as lawful permanent residents and beginning 
to reside in the legal and physical custody of their U.S. citizen 
parent(s) and are exempt from filing an Affidavit: \181\
---------------------------------------------------------------------------

    \181\ See 8 CFR 213a.2(a)(2)(ii)(E).
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     Child of a U.S. citizen (IR-2/IR-7)--requires an approval 
of a Petition for Alien Relative, Form I-130. These children are 
generally admitted as lawful permanent residents or their status is 
adjusted to that of lawful permanent resident. The child may then file 
an Application for Certificate of Citizenship, Form N-600, to receive 
the Certificate of Citizenship.\182\ The certificate generally would be 
dated as of the date the child was admitted as a lawful permanent 
resident. Stepchildren of U.S. citizens are not eligible for 
acquisition of citizenship under section 320 of the Act, 8 U.S.C. 1431, 
unless the child is adopted by the U.S. citizen step-parent.\183\
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    \182\ Except for stepchildren of U.S. citizens who are not 
eligible for acquisition of citizenship under section 320 of the Act 
or unless the child is adopted by the U.S. citizen step-parent. See 
INA section 101(c)(1), 8 U.S.C. 1101(c)(1).
    \183\ See INA section 101(c)(1), 8 U.S.C. 1101(c)(1).
---------------------------------------------------------------------------

     Orphan adopted abroad by a U.S. citizen (IR-3/IR-8)--
requires an approval of a Petition to Classify Orphan as an Immediate 
Relative, Form I-600. These children are generally admitted as lawful 
permanent residents, and USCIS will send a Certificate of Citizenship 
to the child without a Form N-600 being filed or adjudicated, provided 
the child has taken up residence in the United States in the legal and 
physical custody of the adoptive parents.
     Hague Convention Adoptee adopted abroad by a U.S. citizen 
(IH-3/IH-8)--requires an approval of a Petition to Classify Convention 
Adoptee as an Immediate Relative, Form I-800. These children are 
generally admitted as lawful permanent residents and USCIS will send a 
Certificate of Citizenship to the child without a Form N-600 being 
filed or adjudicated, provided the child has taken up residence in the 
United States in the legal and physical custody of the adoptive 
parents.
    Children who are considered to be coming to the United States for 
adoption, however, must generally take some additional steps to acquire 
citizenship and therefore are required to file a Form I-864 or Form I-
864EZ under the current and proposed regulations. The proposed rule 
would clarify which children are considered to be coming to the United 
States for adoption and therefore subject to the Affidavit requirement. 
The following categories of children are considered to be coming to the 
United States for adoption and required to file a Form I-864 or Form I-
864EZ:
     Orphan to be adopted by a U.S. citizen (IR-4/IR-9). These 
children are admitted as lawful permanent residents. Generally, the 
parent(s) must complete the adoption in the United States.\184\
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    \184\ See 8 CFR 320.1.
---------------------------------------------------------------------------

     Hague Convention Adoptee to be adopted by a U.S. citizen 
(IH-4/IH-9).

[[Page 62450]]

These children are admitted as lawful permanent residents. Generally, 
the parent(s) must complete the adoption in the United States.\185\
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    \185\ See INA section 101(b)(1), 8 U.S.C. 1101(b).
---------------------------------------------------------------------------

    Congress has enacted numerous laws over the last two decades to 
ensure that foreign-born children of U.S. citizens are not subject to 
adverse immigration consequences in the United States on account of 
their foreign birth. Most notably, the Child Citizenship Act of 2000 
\186\ provides that children, including certain adopted children, of 
U.S. citizen parents automatically acquire U.S. citizenship if certain 
conditions are met.\187\ The same year, Congress passed the 
Intercountry Adoption Act of 2000 (IAA) \188\ to implement the Hague 
Convention on Protection of Children and Co-operation in Respect of 
Intercountry Adoption (Hague Adoption Convention or Convention),\189\ 
which established international standards of practices for intercountry 
adoptions. The IAA protects the rights of children, birth families, and 
adoptive parents, and improves the Government's ability to assist U.S. 
citizens seeking to adopt children from abroad.\190\
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    \186\ See Public Law 106-395, section 101(a), 114 Stat. 1631, 
1631 (codified at INA section 320(a)-(b), 8 U.S.C. 1431(a)-(b)); see 
also Children Born Outside the United States; Applications for 
Certificate of Citizenship, 66 FR 32137 (June 13, 2001). The CCA 
applies to children who were under 18 as of February 27, 2001. The 
law was passed after several high-profile cases in which children 
who were adopted abroad were subject to deportation despite having 
grown up in the United States and having believed that they were U. 
S. citizens.
    \187\ See 8 CFR part 320; see also Dep't of State, FAQ: Child 
Citizenship Act of 2000, available at https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html (last visited June 2, 2020).
    \188\ See Public Law 106-279, 114 Stat. 1631 (codified at 42 
U.S.C. 14901-14954). See also Hague Convention on Intercountry 
Adoption; Intercountry Adoption Act of 2000; Accreditation of 
Agencies; Approval of Persons, 71 FR 8063 (Feb. 15, 2006).
    \189\ The United States signed the Convention in 1994, and the 
Convention entered into force for the United States on April 1, 
2008. See Deposit of Instrument of Ratification by the United States 
of the Hague Convention on Protection of Children and Co-operation 
in Respect of Intercountry Adoption, 72 FR 71730 (Dec. 18, 2007). 
For the full text of the Convention, see also Hague Conference, 33. 
Convention on Protection of Children and Co-Operation in Respects of 
Intercountry Adoption (Concluded May 29, 1993), available at https://assets.hcch.net/docs/77e12f23-d3dc-4851-8f0b-050f71a16947.pdf (last 
visited June 2, 2020).
    \190\ See IAA section 2, 42 U.S.C. 14901(a); see also 146 Cong. 
Rec. S8938-01, S8938 (daily ed. Sept. 21, 2000) (statement by Sen. 
Landrieu) (``I have said it before and I believe it rings true here, 
adoption brings people, whether they are Republican, Democrat, 
conservative, liberal, American, Russian or Chinese, together. 
United by the belief that all children deserve to grow in the love 
of a permanent family. Adoption breaks down barriers and helps build 
families.''). A year earlier, Congress passed Public Law 106-139, 
113 Stat. 1696 (1999), to amend the definition of ``child'' in 
section 101(b)(1)(E) of the INA, 8 U.S.C. 1101(b)(1)(E), a change 
that allowed children adopted abroad to maintain their familial 
relationship with their natural siblings, making it easier for 
siblings to be adopted together.
---------------------------------------------------------------------------

    For these reasons, the continued exemption of children 
automatically acquiring citizenship under section 320 of the Act, 8 
U.S.C. 1431, after admission as a lawful permanent resident and 
beginning to reside in the legal and physical custody of their U.S. 
citizen parent(s) from the Affidavit requirement is consistent with 
Congress' strong interest in supporting U.S. citizens seeking to 
welcome foreign-born children into their families.

J. Miscellaneous Other Changes

    DHS proposes deleting 8 CFR 213a.2(a)(1)(ii), which explains when 
an Affidavit is executed. There is no similar provision that explains 
when a Contract is executed. As noted in section H. above, DHS proposes 
to add a definition for the term ``execute'' in proposed 8 CFR 213a.1 
that would apply to both Affidavits and Contracts, and would clarify 
what execute means throughout the proposed rule. Therefore, the 
provision in 8 CFR 213a.2(a)(1)(ii) would no longer be necessary and 
DHS proposes its deletion.
    DHS proposes deleting 8 CFR 213a.2(a)(1)(i)(B) as not necessary. 
Currently, the regulations require certain intending immigrants to file 
Form I-864W, Request for Exemption for Intending Immigrant's Affidavit 
of Support, to establish that they are exempt from the Affidavit 
requirement. However, DHS has determined these classes of intending 
immigrants must provide evidence that they are exempt from the 
Affidavit requirement as part of submitting the Form I-485, Application 
to Register Permanent Residence or Adjust Status.
    As part of the adjustment of status process, USCIS is responsible 
for determining whether the applicant has met his or her burden of 
proof to establish eligibility for the benefit, which includes a 
determination of whether the alien has demonstrated that no 
inadmissibility grounds in section 212(a) of the Act, 8 U.S.C. 1182(a), 
apply.\191\ Failure to submit an Affidavit when required results in a 
determination of inadmissibility based on the public charge ground 
irrespective of any other statutory factors.\192\ Therefore, an 
adjustment of status applicant already needs to provide evidence that 
he or she is exempt from filing an Affidavit, thereby eliminating the 
need for filing Form I-864W.
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    \191\ See INA section 291, 8 U.S.C. 1361.
    \192\ See INA section 212(a)(4)(C) and (D), 8 U.S.C. 
1182(a)(4)(C) and (D).
---------------------------------------------------------------------------

    Removing the requirement for certain applicants to file a form and 
affirmatively request the exemption will be less burdensome for 
applicants as well as USCIS. Accordingly, DHS will eliminate the use 
and consideration of Form I-864W.
    DHS proposes revising 8 CFR 213a.2(a)(2)(ii) to accurately identify 
all of the classes of intending immigrants who are exempt from the Form 
I-864 requirement. See proposed 8 CFR 213a.2(a)(2)(ii)(F)-(EE).
    DHS proposes revising the support requirements in 8 CFR 
213a.2(c)(1)(i) to be more consistent with section 213A(f)(1) of the 
Act, 8 U.S.C. 1183a(f)(1) and include the requirements that in general, 
a sponsor must be petitioning for the admission of the alien under 
section 204 of the Act and demonstrate the means to maintain an annual 
income equal to at least 125 percent of the Federal Poverty guidelines 
based on the sponsor's household size. See proposed 8 CFR 
213a.2(c)(1)(i).
    DHS proposes amending 8 CFR 213a.2(c)(2)(iii)(B) to clarify which 
types of assets may be considered significant assets for Affidavit 
purposes, including that non-cash assets must be able to be converted 
into cash within 12 months. See proposed 8 CFR 213a.2(c)(2)(iii)(B). 
This revision reflects USCIS' existing policy and the instructions for 
Form I-864.\193\ How DHS calculates significant assets would not change 
by clarifying that the significant assets are calculated by reference 
to FPG as this revision reflects the proposed revision of the 
definition of Federal poverty line which would be based on the FPG. DHS 
also proposes adding 8 CFR 213a.6, adding a severability clause in the 
event that any of the provisions in this part are not implemented.
---------------------------------------------------------------------------

    \193\ See Instructions for Affidavit of Support Under Section 
213A of the INA, available at https://www.uscis.gov/i-864. See also 
USCIS Adjudicator's Field Manual, Chapter 20.5(k)(5)(B), available 
at https://www.uscis.gov/sites/default/files/policymanual/afm/afm20-external.pdf (last visited June 4, 2020).
---------------------------------------------------------------------------

K. Transition Period

    DHS proposes that all applications for adjustment of status and 
applications for immigrant visas postmarked (or if applicable, 
electronically submitted) before the effective date of the final rule 
will be adjudicated under the criteria currently found in 8 CFR part 
213a as

[[Page 62451]]

promulgated by the 2006 final rule.\194\ All applications for 
adjustment of status and applications for immigrant visaspostmarked (or 
if applicable, electronically submitted) on or after the effective date 
of the final rule will be adjudicated according to the provisions of 
the final rule. DHS invites public comment on other possible approaches 
to the transition period between the current regulations and the 
proposed revisions.
---------------------------------------------------------------------------

    \194\ See Affidavits of Support on Behalf of Immigrants, 71 FR 
35731 (June 21, 2006).
---------------------------------------------------------------------------

V. Statutory and Regulatory Requirements

A. Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility.
    This proposed rule is designated a ``significant regulatory 
action'' that is economically significant since it is estimated the 
proposed rule likely would have an annual effect on the economy of $100 
million or more, under section 3(f)(1) of E.O. 12866. Accordingly, the 
Office of Management and Budget (OMB) has reviewed this proposed 
regulation.
1. Summary of Changes of the Proposed Rule
    DHS is proposing to amend its regulations related to Affidavits at 
8 CFR part 213a by revising sponsorship requirements to better ensure a 
sponsor has the means to support intending immigrants at the 
statutorily-required level. The proposed rule is intended to better 
ensure all sponsors and household members who execute an Affidavit or 
Contract can meet the support obligations under section 213A of the 
Act, 8 U.S.C. 1183a(a). This rule would also strengthen enforcement of 
Affidavits to hold sponsors and household members accountable if 
sponsored immigrants obtain means-tested public benefits during the 
period in which the obligations are in effect.
    The proposed rule would update the evidentiary requirements for 
sponsors submitting an Affidavit. The updated evidentiary requirements 
would provide immigration officers and immigration judges more 
effective ways to determine whether the sponsor has the means to 
maintain an annual income at or above the required income threshold, 
and whether the sponsor is able to provide financial support to the 
intending immigrant and meet all support obligations during the period 
the Affidavit is in effect. Specifically, the proposed rule would 
require sponsors and household members to provide Federal income tax 
returns for the 3 most recent tax years, instead of 1 tax return for 
the most recent tax year, recent credit reports and credit scores, and 
bank account information.
    In addition, the proposed rule would revise policies related to a 
sponsor's prior receipt of means-tested public benefits or default on 
another Affidavit or Contract support obligation. Sponsors who have 
themselves received means-tested public benefits may not have the 
financial means to support a sponsored immigrant. Similarly, a sponsor 
who has previously failed to fulfill their support obligations may be 
an unreliable source of support or repayment for Affidavit purposes. 
Specifically, this proposed rule would require a joint sponsor when a 
sponsor has received means-tested public benefits within the past 36 
months and/or has had a judgment against him or her for a previous 
Affidavit.
    Moreover, the proposed rule would revise who may execute a 
Contract. Currently, there is no limit on how many household members or 
which household members may execute a Contract. DHS intends to permit 
only a sponsor's spouse or, in certain circumstances, the intending 
immigrant, to execute a Contract. An intending immigrant may only 
execute a Contract if he or she has an accompanying spouse or children; 
if the intending immigrant is the only immigrant being sponsored, the 
intending immigrant's income may be included as part of the sponsor's 
Affidavit if it meets the definition of household income.\195\ DHS 
believes who may execute a Contract would better ensure that any income 
used by the petitioning sponsor to support the sponsored alien is 
actually available to the sponsor for the support of the intending 
immigrant. As data are unavailable demonstrating that non-spouse 
household members are less likely to uphold their contract obligations, 
DHS cannot provide examples of or other information concerning 
enforcement involving non-spouse household members. This provision 
reflects DHS' policy preference that intending immigrants should not 
rely upon a sponsor and a potentially unlimited group of household 
members to satisfy the requirements of INA 213A.
---------------------------------------------------------------------------

    \195\ See 8 CFR 213a.1.
---------------------------------------------------------------------------

    The proposed rule would update and improve how means-tested public 
benefit-granting agencies obtain immigration status information from 
USCIS about individuals who are seeking means-tested public benefits 
and how means-tested public benefit granting agencies provide 
information to USCIS. The current practices are outdated and 
burdensome, and discourage important information sharing and data 
collection. In order to address this specifically, the proposed rule 
would:
     Eliminate the requirement of a duly issued subpoena in 
order for USCIS to provide a certified copy of an Affidavit to a 
requesting party, and instead allow requesting parties to submit a 
formal request for an Affidavit or a Contract to USCIS. Eliminating 
this requirement would allow for a less cumbersome process than 
obtaining a subpoena.
     Implement the proposed new Form G-1563, Request for 
Certified Copy of Affidavit of Support Under Section 213A of the INA or 
Contract Between Sponsor and Household Member, for those from a party 
or entity authorized to bring an action to enforce an Affidavit or 
Contract making a formal request to USCIS to provide a certified copy 
of the requested Affidavit or Contract that has been executed on behalf 
of a sponsored immigrant for use as evidence in any action of 
enforcement.
     Remove an incorrect address and state that parties who 
obtain judgments against a sponsor or household member who executed a 
Contract Between Sponsor and Household Member, and Federal, state, or 
local program or private entities that make a determination under 
section 421(e) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 in the case of any sponsored immigrant, must 
notify USCIS in a manner to be designated by USCIS.
    Lastly, DHS proposes to update the regulation to clarify which 
categories of aliens are exempt from the requirement to file an 
Affidavit, and to add and revise definitions to provide greater clarity 
within the regulations and conform to statutory changes made since the 
final rule was promulgated in 2006.

[[Page 62452]]

2. Summary of Costs and Benefits of the Proposed Rule
    The proposed rule would impose new net costs on the population of 
sponsors executing an Affidavit using Form I-864 or Form I-864EZ as 
well as the population of household members who execute a Contract 
using Form I-864A so that a sponsor can use the household member's 
income and/or assets to demonstrate means to maintain income. 
Additionally, the proposed rule would impose new net costs on the 
population executing Form I-864A as a household member who would now be 
required to submit Form I-865 to provide notice of a change of address 
after moving. Moreover, the proposed rule would produce some cost 
savings for immigrants applying for adjustment of status who would have 
needed to request an exemption from filing an Affidavit as DHS is 
proposing to eliminate Form I-864W for use when filing Form I-485. 
Instead, individuals would be required to provide the information 
previously requested on Form I-864W when filing Form I-485. DHS has 
determined that the information an applicant provides on Form I-485 
would be sufficient for an adjudications officer to be able to verify 
whether an immigrant is statutorily required to file an Affidavit.
    This proposed rule also would impose new costs on those from a 
party or entity authorized to bring an action to enforce an Affidavit 
or Contract making a formal request using the proposed new Form G-1563 
so that USCIS may provide a certified copy of the requested Affidavit 
or Contract that has been executed on behalf of a sponsored immigrant 
for use as evidence in any action of enforcement. DHS estimates the 
total cost for filing the proposed new Form G-1563 would be 
approximately $779 annually.\196\
---------------------------------------------------------------------------

    \196\ Calculation: $31.17 (cost per filer to file Form G-1563) * 
25 (estimated annual population who would make a formal request 
using Form G-1563) = $779.25 = $779 (rounded) annual total cost to 
file Form G-1563.
---------------------------------------------------------------------------

    DHS estimates the total new quantified net costs imposed by the 
proposed rule would be approximately $240,314,623 annually for those 
executing an Affidavit for an intending immigrant using Form I-864, 
Form I-864EZ, for those executing a Contract using Form I-864A, and for 
those submitting a notice of a change of address after moving using 
Form I-865, for those filing Form G-1563 to make a formal request for a 
certified copy of and Affidavit or Contract, as well as accounting for 
the estimated cost savings for immigrants applying for adjustment of 
status who would have needed to request an exemption from filing an 
Affidavit as DHS is proposing to eliminate Form I-864W for use when 
filing Form I-485. The estimated new quantified net costs of the 
proposed rule would be based on an increased opportunity costs of time 
for completing Form I-864, Form I-864A, and Form I-864EZ,\197\ as well 
as new requirements for completing these forms, including:
---------------------------------------------------------------------------

    \197\ The quantified cost of the new requirement to provide bank 
account information for those individuals filing Forms I-864, I-
864A, and I-864EZ are accounted for in the increased time burden 
estimate for completing these forms.
---------------------------------------------------------------------------

     Obtaining credit reports and credit scores,
     obtaining Internal Revenue Service (IRS)-issued certified 
copies or transcripts of Federal income tax returns for the 3 most 
recent taxable years, and
     opportunity cost of time to file IRS Form 4506, Request 
for Copy of Tax Return, to obtain IRS-issued certified Federal income 
tax returns for completing Form I-864 and Form I-864EZ.
    The estimated new quantified net costs of the proposed rule also 
would be based on the proposed requirement that those who file Form I-
864A use Form I-865 to provide notice of a change of address after 
moving.
    Over the first 10 years of implementation, DHS estimates the total 
quantified new net costs of the proposed rule would be $2,403,146,230 
(undiscounted). DHS estimates that the 10-year discounted total net 
costs of this proposed rule would be about $2,049,932,479 at a 3 
percent discount rate and about $1,687,869,350 at a 7 percent discount 
rate.
    The primary benefit of the proposed rule would be to better ensure 
that the sponsored immigrant is financially supported, as required by 
law, and that means-tested public benefit granting agencies can more 
efficiently seek reimbursement from sponsors or household members when 
a sponsored immigrant receives means-tested public benefits.
    DHS also anticipates the proposed rule to produce benefits by 
strengthening the enforcement mechanism for Affidavits and Contracts 
through elimination of the subpoena requirement in 8 CFR 213a.4 to make 
it easier for means-tested public benefit granting agencies to recover 
payment for any means-tested public benefits that an intending 
immigrant receives during the period in which an Affidavit or a 
Contract is enforceable. The proposed rule would update the evidentiary 
requirements for sponsors submitting an Affidavit and household members 
submitting Contracts, which would provide immigration officers and 
immigration judges more effective ways to determine whether individuals 
have the means to maintain an annual income at or above the outlined 
income threshold and provide financial support to the intending 
immigrant and meet all support obligations during the period an 
Affidavit or Contract is in effect. Additionally, the proposed rule 
would update and improve how means-tested public benefit granting 
agencies obtain information from USCIS about sponsors and household 
members who have a support obligation in effect and how means-tested 
public benefit granting agencies provide information to USCIS.
    Table 2 provides a more detailed summary of the proposed provisions 
and their impacts.

       Table 2--Summary of Major Changes to Provisions and Estimated Economic Impacts of the Proposed Rule
----------------------------------------------------------------------------------------------------------------
               Provisions                      Proposed provision        Estimated impact of proposed provision
----------------------------------------------------------------------------------------------------------------
Amending 8 CFR 213a.1. Definitions......  Adds new and updates         Quantitative:
Revising 8 CFR 213a.2. Use of Affidavit    existing definitions.       Costs:
 of Support.                              Outlines circumstances,       Total annual net costs of the
                                           requirements, and            proposed rule would be about $240.3
                                           exemptions for executing     million, including:
                                           an Affidavit of Support      $226.6 million to applicants who
                                           Under Section 213A of the    must file Form I-864;
                                           INA.                         $10.63 million to those who must
                                                                        complete Form I-864A;

[[Page 62453]]

 
Adding 8 CFR 213a.3 Change of Address...  Requires sponsors and         $6.75 million to applicants who
                                           household members to         must file Form I-864EZ;
                                           notify USCIS of any change   $3.68 million cost savings to
                                           of address within 30 days    applicants from eliminating Form I-864W;
                                           while the sponsor's and/or   $2,751 to those who must file
                                           household member's support   Form I-865; and
                                           obligation is in effect.     $779 to those who file the
                                                                        proposed new Form G-1563.
Amending 8 CFR 213a.4. Actions for        Outlines process by which     Total net costs over a 10-year
 reimbursement, public notice, and         USCIS provides a certified   period would range from:
 congressional reports.                    copy of Affidavit of         $2.40 billion for undiscounted
                                           Support Under Section 213A   net costs;
                                           of the INA or Contract       $2.05 billion at a 3 percent
                                           Between Sponsor and          discount rate; and
                                           Household Member that has    $1.69 billion at a 7 percent
                                           been executed to a party     discount rate.
                                           or authorized entity.
                                                                       Qualitative:
                                                                       Costs
                                                                        The proposed rule may impose
                                                                        some costs if a joint sponsor must
                                                                        execute an Affidavit in cases where a
                                                                        sponsor has received any means-tested
                                                                        public benefits within 36 months of
                                                                        filing the Affidavit and/or has failed
                                                                        to meet the support or reimbursement
                                                                        obligations under an existing Affidavit
                                                                        or Contract.
                                                                        There could be a reduction in
                                                                        the number of immigrants granted an
                                                                        immigration benefit in cases where the
                                                                        intending immigrant is unable to obtain
                                                                        a sponsor who can meet the new
                                                                        requirements under this proposed rule.
                                                                        The proposed rule could result
                                                                        in some sponsors who may intend to
                                                                        sponsor a family member in the future to
                                                                        forego enrollment or disenroll from a
                                                                        means-tested public benefits program to
                                                                        avoid triggering the proposed additional
                                                                        requirements.
                                                                        The proposed rule may result in
                                                                        an increased number of individuals with
                                                                        support obligations who are held
                                                                        accountable for the reimbursement of the
                                                                        cost of means-tested public benefits.
                                                                        Further, sponsors or household members
                                                                        would incur the cost of reimbursing the
                                                                        means-tested public benefits-granting
                                                                        agency and would likely incur the costs
                                                                        of legal representation if means-tested
                                                                        public benefits granting agencies choose
                                                                        to pursue legal action to recover the
                                                                        means-tested public benefits a sponsored
                                                                        individual received.
                                                                       Benefits
                                                                        Update evidentiary requirements
                                                                        to provide USCIS with more effective
                                                                        ways to determine whether the sponsor
                                                                        has the means to maintain an annual
                                                                        income at or above the outlined income
                                                                        threshold. These updated requirements
                                                                        would better enable officers to
                                                                        determine whether the sponsor is able to
                                                                        provide financial support to the
                                                                        intending immigrant and meet all support
                                                                        obligations during the period the
                                                                        Affidavit is in effect;
                                                                        Update and improve how means-
                                                                        tested public benefit-granting agencies
                                                                        obtain immigration status information
                                                                        from USCIS about individuals who are
                                                                        seeking means-tested public benefits and
                                                                        how means-tested public benefit-granting
                                                                        agencies provide information to USCIS.
                                                                        This proposed provision would eliminate
                                                                        the requirement of obtaining a duly
                                                                        issued subpoena before USCIS is
                                                                        authorized to provide a certified copy
                                                                        of Form I-864 or Form I-864EZ to a
                                                                        requesting party for use in any action
                                                                        to enforce the support obligation and
                                                                        instead allow a requesting party to
                                                                        submit a formal request for an Affidavit
                                                                        or a Contract directly to USCIS. This
                                                                        will strengthen the enforcement
                                                                        mechanism for Affidavits and Contracts,
                                                                        which would allow means-tested public
                                                                        benefits-granting agencies to recover
                                                                        payment for any means-tested public
                                                                        benefits that a sponsored alien receives
                                                                        during the period in which an Affidavit
                                                                        or Contract is enforceable; and
                                                                        Revise the process for informing
                                                                        USCIS about judgments obtained against
                                                                        sponsors (for failing to meet prior
                                                                        support obligations as a sponsor or
                                                                        household member) and indigency
                                                                        determinations to give USCIS flexibility
                                                                        to determine a more efficient mechanism
                                                                        for information reporting, whereby USCIS
                                                                        would be permitted to provide a
                                                                        different mechanism for submitting
                                                                        copies of judgments and indigency
                                                                        determinations to ensure accuracy and
                                                                        efficiency.
----------------------------------------------------------------------------------------------------------------
Source: USCIS analysis.

    DHS does not have sufficient data to quantify the expected benefits 
of the proposed rule. However, the Administration has identified 
enforcement of sponsorship obligations as a priority and DHS has made a 
policy determination that the proposed changes in this rule will assist 
with better ensuring sponsors and household members who execute a 
Contract are capable of meeting their support obligations under section 
213A of the INA, 8 U.S.C. 1183a, and strengthening the enforcement 
mechanism for the Affidavit and Contract so that sponsors and household 
members are held accountable for those support obligations.
    In addition to the impacts summarized above and as required by OMB 
Circular A-4, Table 3 presents the prepared accounting statement 
showing the costs associated with this proposed regulation.\198\
---------------------------------------------------------------------------

    \198\ See OMB Circular A-4 is available at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf (last visited June 2, 2020).

[[Page 62454]]



                                 Table 3--OMB A-4 Accounting Statement ($, 2019)
----------------------------------------------------------------------------------------------------------------
           Category              Primary estimate    Minimum estimate    Maximum estimate      Source citation
----------------------------------------------------------------------------------------------------------------
Benefits:
    Monetized Benefits........                              N/A                             RIA.
----------------------------------------------------------------------------------------------------------------
    Annualized quantified, but                              N/A                             RIA.
     un-monetized, benefits.
----------------------------------------------------------------------------------------------------------------
    Unquantified Benefits.....  DHS anticipates the proposed rule would produce             RIA.
                                qualitative benefits that would:
                                 Update evidentiary requirements to provide USCIS
                                more effective ways to determine whether the sponsor has
                                the means to maintain an annual income at or above the
                                outlined income threshold. These updated requirements
                                would better enable USCIS to determine whether the sponsor
                                is able to provide financial support to the intending
                                immigrant and meet all support obligations during the
                                period the Affidavit is in effect;
                                 Update and improve how means-tested public
                                benefit-granting agencies obtain immigration status
                                information from USCIS about individuals who are seeking
                                means-tested public benefits and how means-tested public
                                benefit-granting agencies provide information to USCIS.
                                This proposed provision would eliminate the requirement of
                                obtaining a duly issued subpoena before USCIS is
                                authorized to provide a certified copy of Form I-864 or
                                Form I-864EZ to a requesting party for use in any action
                                to enforce the support obligation and instead allow a
                                requesting party to submit a formal request for an
                                Affidavit or a Contract directly to USCIS. This will
                                strengthen the enforcement mechanism for Affidavits and
                                Contracts, which would allow means-tested public benefits-
                                granting agencies to recover payment for any means-tested
                                public benefits that a sponsored alien receives during the
                                period in which an Affidavit or Contract is enforceable;
                                and
                                 Revise the process for informing USCIS about
                                judgments obtained against sponsors (for failing to meet
                                prior support obligations as a sponsor or household
                                member) and indigency determinations to give USCIS
                                flexibility to determine a more efficient mechanism for
                                information reporting, whereby USCIS would be permitted to
                                provide a different mechanism for submitting copies of
                                judgments and indigency determinations to ensure accuracy
                                and efficiency.
----------------------------------------------------------------------------------------------------------------
Costs:
    Annualized monetized net     (3%) $240,314,623                                          RIA.
     costs (discount rate in
     parenthesis).
                                 (7%) $240,314,623
----------------------------------------------------------------------------------------------------------------
    Annualized quantified, but                              N/A                             RIA.
     un-monetized, costs.
----------------------------------------------------------------------------------------------------------------
    Qualitative (unquantified)  The proposed rule may impose some impacts and/or costs      RIA.
     costs.                     associated with the proposed provisions that a joint
                                sponsor must execute an Affidavit in cases where a sponsor
                                has received any means-tested public benefits within 36
                                months of filing the Affidavit and/or has failed to meet
                                the support or reimbursement obligations under an existing
                                Affidavit or Contract.
                                There could be a reduction in the number of immigrants
                                granted an immigration benefit in cases where the
                                intending immigrant is unable to obtain a sponsor who can
                                meet the new requirements under this proposed rule.
                                The proposed rule could result in some sponsors who may
                                intend to sponsor a family member in the future foregoing
                                enrollment or disenrolling from a means-tested public
                                benefits program to avoid triggering the proposed
                                additional requirements.
                                The proposed rule may result in an increased number of
                                individuals with support obligations who are held
                                accountable for the reimbursement of the cost of means-
                                tested public benefits. Further, sponsors or household
                                members would incur the cost of reimbursing the means-
                                tested public benefits-granting agency and would likely
                                incur the costs of legal representation if means-tested
                                public benefits granting agencies choose to pursue legal
                                action to recover the means-tested public benefits a
                                sponsored individual received.

[[Page 62455]]

 
                                The proposed rule may cause the Department of State (DOS)
                                to incur additional costs to provide adjudication services
                                for Affidavits or Contracts. While it is difficult at this
                                time to quantify these increased costs, DOS identified
                                several sources of possible increased costs for these
                                services resulting from this proposed rule such as
                                contract modifications.
----------------------------------------------------------------------------------------------------------------
    Miscellaneous Analyses/                               Effects                           Source Citation
           Category
----------------------------------------------------------------------------------------------------------------
Effects on state, local, and/                              None.                            ....................
 or tribal governments.
----------------------------------------------------------------------------------------------------------------
Effects on small businesses...                             None                             RFA.
----------------------------------------------------------------------------------------------------------------
Effects on wages..............               None.
Effects on growth.............               None.
----------------------------------------------------------------------------------------------------------------

3. Background and Purpose of the Rule
    As discussed in the preamble, DHS is seeking to update the 
regulations at 8 CFR part 213a by amending sponsorship requirements to 
better ensure that all sponsors, as well as household members who 
execute a Contract, have the means to maintain income at the applicable 
income threshold and are capable of meeting their support obligations 
under section 213A of the INA, 8 U.S.C. 1183a, during the period in 
which the Affidavit or the Contract is enforceable and support the 
intended immigrant(s) at the statutorily required level. Sponsors may 
demonstrate that they have the means to maintain an annual income equal 
to at least 125 of the Federal poverty line, or 100 percent as 
applicable,\199\ through a combination of income and/or significant 
assets.\200\ This proposed rule seeks to expand the types of additional 
financial information required from sponsors to further help make such 
determinations. A more complete picture of the sponsor's and household 
member's financial situation would help immigration officers and 
immigration judges determine whether the sponsor can meet the 
requirements of section 213A of the Act, 8 U.S.C. 1183a, particularly 
whether the sponsor has demonstrated the means to maintain income as 
required by section 213A(f)(6), 8 U.S.C. 1183a(f)(6), and whether the 
sponsor and household member will actually fulfill his or her support 
obligation to the intending immigrant. USCIS believes that this will 
strengthen the integrity of the immigration process.
---------------------------------------------------------------------------

    \199\ See INA section 213A(f)(3), 8 U.S.C. 1183a(f)(3).
    \200\ See INA section 213A(f)(6)(A)(i)-(ii), 8 U.S.C. 
1183a(f)(6)(A)(i)-(ii).
---------------------------------------------------------------------------

    DHS notes that the baseline would include the number of sponsors 
who currently maintain support of an immigrant according to the 
requirements of an Affidavit as well as the number of sponsors who have 
not met their financial obligations and from whom means-tested public 
benefits-granting agencies have sought reimbursement. However, DHS does 
not have data on reimbursement efforts or successful recoveries by 
benefits-granting agencies. USCIS receives limited information from 
benefit-granting agencies or other parties enforcing the Affidavit or 
Contract, despite the information sharing provisions in the statute and 
regulations and thus is unable to determine whether the proposed rule's 
benefits are likely to exceed its costs. However, the Administration 
has identified enforcement of the reimbursement requirement as a 
problem that needs fixing. Enforcing support obligations is a priority 
for the Administration.
    DHS also is seeking to update the provisions to allow means-tested 
public benefit granting agencies to more easily obtain information from 
USCIS in order to seek reimbursement from a sponsor when the sponsored 
immigrant has received means-tested public benefits. Most family-based 
immigrants pursuant to section 212(a)(4)(C) of the Act, 8 U.S.C. 
1182(a)(4)(C), and some employment-based immigrants under pursuant to 
section 212(a)(4)(D) of the Act, 8 U.S.C. 1182(a)(4)(D), are required 
to submit an Affidavit executed by the petitioning sponsor. This 
proposed change is intended to strengthen the enforcement mechanism for 
the Affidavit so that sponsors and household members who agree to use 
their income and assets to support the sponsored immigrant are held 
accountable if the sponsored immigrant ultimately receives means-tested 
public benefits during the period in which the Affidavit or the 
Contract is enforceable. USCIS receives limited information from 
benefit-granting agencies or other parties enforcing the Affidavit or 
Contract, despite the information sharing provisions in the statute and 
regulations. Current DHS regulations for obtaining copies of Affidavits 
are burdensome and inefficient because they require a subpoena. Laws 
governing subpoenas vary by jurisdiction, but subpoenas often need to 
be issued by a court clerk or by a licensed attorney,\201\ which 
requires additional time and resources. The requirements in the current 
regulations may have contributed to unintended difficulties for 
benefit-granting agencies and sponsored immigrants seeking to hold 
sponsors legally responsible for their obligations based on Affidavits.
---------------------------------------------------------------------------

    \201\ For example, the Federal Rules of Civil Procedure permit 
court clerks or attorneys (authorized to practice in the issuing 
court) to issue subpoenas. See Fed. R. Civ. P. Rule 45(a)(3).
---------------------------------------------------------------------------

    An Affidavit is a legally enforceable contract between the sponsor 
that completes the Affidavit and the U.S. Government. A sponsor must 
show on the Affidavit that he or she has the means to maintain income 
to support the intending immigrant at 125 percent of the Federal 
Poverty Guidelines (FPG) based on the sponsor's household size, or 100 
percent of the FPG for an individual who is on active duty (other than 
active duty for training) in the Armed Forces of the United States and 
who is petitioning for his or her spouse or child. If a sponsored 
immigrant receives means-tested public benefits, the agency providing 
the means-tested public benefit may request the sponsor repay the cost 
of those benefits. The agency can also sue the sponsor for failure to 
repay the means-tested public benefits.
    A petitioning sponsor must complete an Affidavit at one of the 
following points in the immigration process

[[Page 62456]]

depending on the type of immigration benefit the applicant is seeking:
     When the principal immigrant submits a visa application 
with a consular officer abroad;
     when the principal immigrant submits an application for 
adjustment of status to permanent resident status with USCIS; or,
     when directed by an immigration judge in the United 
States.
    If necessary, a joint sponsor must also complete an Affidavit.
    Sponsors complete either a Form I-864 or the shorter Form I-864EZ. 
Sponsors may use Form I-864EZ only in the following circumstances: The 
sponsor is the petitioner who filed the Form I-130, Form I-129F, or 
Form I-600, for the relative being sponsored; the relative being 
sponsored is the only person, other than the petitioner, listed on the 
petition; and the income the sponsor is using to qualify for the 
Affidavit is based entirely on the sponsor's salary or pension and is 
shown on one or more IRS Form W-2s. Household members who agree to use 
their income and/or assets to financially support an intending 
immigrant execute a Contract, along with using Form I-864A.
    The information collected on Form I-864, Form I-864EZ, and Form I-
864A is designed to ensure individuals are qualified to be sponsors or 
household members, respectively. Depending on the form type, sponsors 
and household members must also submit certain required evidence with 
the form. For example, sponsors must provide proof they are a U.S. 
citizen, a U.S. national, or a lawful permanent resident. All sponsors 
and household members must currently submit a copy of their Federal 
income tax return, including supporting documents, for the most recent 
tax year, or provide evidence demonstrating why they were not required 
to file a Federal tax return for that year.
    If an Affidavit is deemed insufficient because the sponsor has not 
demonstrated that he or she has the means to maintain the required 
income level, the intending immigrant will be considered inadmissible 
based on the public charge ground under section 212(a)(4) of the Act, 8 
U.S.C. 1182(a)(4). The intending immigrant will not be able to adjust 
status or obtain an immigrant visa.
    When a sponsor executes Form I-864 in support of an intending 
immigrant, the sponsor agrees to undertake the support obligations as 
described in section 213A of the Act, 8 U.S.C. 1183a.
    Categories of immigrants required to submit Form I-864 completed by 
a petitioning sponsor in order to demonstrate eligibility for 
adjustment of status include: (1) Immediate relatives of U.S. citizens 
(spouses, unmarried children under 21 years of age, and parents of U.S. 
citizens 21 years of age and older); (2) family-based preference 
immigrants (unmarried sons and daughters of U.S. citizens, spouses and 
unmarried sons and daughters of lawful permanent residents, married 
sons and daughters of U.S. citizens, and brothers and sisters of U.S. 
citizens 21 years of age and older); and (3) employment-based 
preference immigrants in cases when a certain U.S. citizen, lawful 
permanent resident, or U.S. national relative filed the Immigrant 
Petition for Alien Workers, Form I-140, or such relative has a 
significant ownership interest (5 percent or more) in the entity that 
filed the Form I-140. However, certain immigrants are exempt from the 
requirement to submit Form I-864, as are intending immigrants who have 
earned or can receive credit for 40 qualifying quarters (credits) of 
work in the United States.
    Form I-864 includes a supplemental contract, Form I-864A, which may 
be filed when a sponsor's income and assets do not meet the income 
requirements and the sponsor's household member chooses to combine his 
or her resources with the income and/or assets of a sponsor to meet 
those requirements. Currently, a separate Form I-864A must be completed 
for each household member whose income and/or assets the sponsor is 
using to meet the income requirements. The Form I-864A must be 
submitted with Form I-864. In addition, Form I-864A serves as a 
contractual agreement between the sponsor and household member that, 
along with the sponsor, the household member is responsible for the 
support obligations.
    In cases where the petitioning sponsor or substitute sponsor cannot 
meet the income requirements by him or herself, an individual applying 
to adjust status may also meet the affidavit of support requirement by 
obtaining a joint sponsor who is willing to accept joint and several 
liability with the petitioning sponsor or substitute sponsor as to the 
obligation to provide support to the sponsored alien. The joint sponsor 
must demonstrate income or assets that independently meet the 
requirements to support the sponsored immigrant(s) as required under 
sections 213A(f)(2) and (f)(5) of the Act, 8 U.S.C. 1183a(f)(2) and 
(f)(5). The joint sponsor's income and assets may not be combined with 
the income/assets of the petitioning sponsor, substitute sponsor (if 
applicable), or the sponsored immigrant, i.e. the joint sponsor must 
have income and assets of at least the required threshold. The 
petitioning sponsor (or substitute sponsor, if applicable), and the 
joint sponsor must each complete a Form I-864.
    As data are unavailable demonstrating that non-spouse household 
members are less likely to uphold their contract obligations, DHS 
cannot provide examples of or other information concerning enforcement 
involving non-spouse household members. This provision reflects DHS' 
policy preference that intending immigrants should not rely upon a 
sponsor and a potentially unlimited group of household members to 
satisfy the requirements of INA 213A. DHS welcomes public comment 
regarding data, information, or examples that non-spouse household 
members are less likely to uphold their contract obligations.
    Certain classes of immigrants currently are exempt from the 
requirement to file Form I-864 or Form I-864EZ. Based on the 
information provided in an underlying form, such as Form I-485, 
Application to Register Permanent Residence or Adjust Status, an 
officer can verify whether an alien is statutorily required to file an 
Affidavit.
    Three different agencies review an Affidavit and Contract for 
sufficiency, each in a different context. USCIS reviews an Affidavit 
and Contract while adjudicating certain applications for adjustment of 
status. DOS consular officers review Affidavits and Contracts as part 
of the immigrant visa application process. An alien seeking an 
immigrant visa in a classification where an Affidavit is required must 
submit an Affidavit that complies with the terms and conditions 
established by the Secretary of Homeland Security. 22 CFR 40.41(a)(7). 
Immigration Courts, which are part of the U.S. Department of Justice 
(DOJ) Executive Office for Immigration Review (EOIR), may review 
Affidavits and Contracts in the context of an alien in removal 
proceedings who is seeking adjustment of status as a form of relief 
from removal, or when otherwise adjudicating an Affidavit or Contract 
filed in connection with a public charge ground of inadmissibility or 
deportability, but this rule also does not directly revise DOJ 
standards or processes.
4. Population
    The proposed rule would affect sponsors of most family-based 
sponsored immigrants and some employment-based intending immigrants 
filing Form I-864 or Form I-864EZ who are required to show that they 
have adequate means of financial

[[Page 62457]]

support and are not likely at any time to become a public charge.\202\ 
The proposed rule also would affect household members filing Form I-
864A whose income and/or assets would be used to help the sponsor 
demonstrate the means to maintain income. In such cases, a sponsor's 
income and assets do not meet the income requirements of Form I-864 and 
the qualifying household member chooses to combine his or her resources 
with the income and/or assets of a sponsor to meet the requirements.
---------------------------------------------------------------------------

    \202\ Employment-based preference immigrants must file an 
Affidavit only in cases when a U.S. citizen, lawful permanent 
resident, or U.S. national relative filed the immigrant visa 
petition or such relative has a significant ownership interest (five 
percent or more) in the entity that filed the petition.
---------------------------------------------------------------------------

    Certain classes of aliens applying for admission or adjustment of 
status are required to submit an Affidavit executed by a sponsor in 
order to avoid being found inadmissible under section 212(a)(4) of the 
Act, 8 U.S.C. 1182(a)(4). When an Affidavit is submitted, a contract is 
established between the sponsor and the U.S. Government to establish a 
legally enforceable obligation to support the intending immigrant 
financially once the intending immigrant becomes an LPR.
    DOS provided the estimates of the population of individuals who 
submit each Affidavit or Contract to DOS in conjunction with an 
immigrant visa application's pre-processing at the NVC. DOS 
extrapolated the data from recent electronic caseloads for each fiscal 
year. Legacy systems do not capture the number and type of Affidavits 
or Contracts. Specifically, the total receipts number from DOS reflects 
the cases sent from the NVC to consular posts during each fiscal year 
as documentarily qualified for the immigrant visa application and 
required interview with a consular officer. DOS total receipts number 
does not include Affidavits or Contracts submitted to DOS for cases 
that were not documentarily qualified in the given timeframe and also 
does not include Affidavits or Contracts submitted directly to consular 
posts overseas, which DOS has no process of tracking. The number of 
Affidavits or Contracts submitted to DOS annually are higher than the 
numbers below because this data does not include the forms submitted 
directly to consular posts overseas. Cases submitted to the NVC rather 
than filed directly with a consular post overseas represent the vast 
majority of immigrant visa applications.\203\
---------------------------------------------------------------------------

    \203\ DOS provided the total receipts for Forms I-864, I-864A, 
and I-864EZ. DOJ does not track any data related the receipts of 
Affidavits and Contracts so DHS is unable to include these numbers 
in the population.
---------------------------------------------------------------------------

a. Population of Sponsors Executing Form I-864
    With this proposed rule, DHS intends to align sponsorship 
requirements with statutory provisions and to amend sponsorship 
requirements to better ensure a sponsor has demonstrated the means to 
maintain income to support intending immigrants at the statutorily 
required level. DHS also intends to ensure all sponsors and household 
members can meet the support obligations under section 213A of the Act, 
8 U.S.C. 1183a. This proposed rule would also strengthen enforcement of 
the Affidavit and the Contract to hold sponsors and household members 
accountable if sponsored immigrants obtain means-tested public 
benefits. Therefore, DHS estimates the population of individuals who 
execute Form I-864 as sponsors for intending immigrants.
    Table 4 shows the total population in fiscal years 2014 to 2018 
that filed Form I-864 for both USCIS receipts and DOS receipts. The 
annual population of sponsors filing Form I-864 increased from 786,495 
filings in fiscal year 2014 to 1,213,367 filings in fiscal year 2016, 
an increase of almost 55 percent. Filings decreased to 1,110,986 in 
fiscal year 2018, a decrease of about 8 percent from fiscal year 2016. 
Over the 5-year period, the population of sponsors who filed Form I-864 
ranged from a low of 786,495 in fiscal year 2014 to a high of 1,213,367 
in fiscal year 2016. While the trend in the annual number of Affidavits 
executed was increasing from fiscal year 2014 to 2016, the trend 
decreased by about 8 percent in fiscal year 2018. DHS acknowledges this 
proposed new regulatory provision would likely reduce the number of 
individuals who would be eligible to qualify as a sponsor who may 
execute an Affidavit and, as a result, may reduce the number of 
Affidavits executed using Form I-864. However, DHS is unable to 
determine the magnitude of the reduction in Form I-864 filings annually 
at this time. Therefore, DHS uses the estimated annual average total 
population filing Form I-864 of 1,041,077 for the analysis in this 
proposed rule.

                   Table 4--Total Receipts for Form I-864 by USCIS and DOS, FY 2014 to FY 2018
----------------------------------------------------------------------------------------------------------------
                                                                  USCIS form I -   DOS form I -
                           Fiscal year                             864 receipts    864 receipts        Total
----------------------------------------------------------------------------------------------------------------
2014............................................................         357,055         429,440         786,495
2015............................................................         379,921         635,467       1,015,388
2016............................................................         438,605         774,762       1,213,367
2017............................................................         495,681         583,468       1,079,149
2018............................................................         451,163         659,823       1,110,986
                                                                 -----------------------------------------------
    Total.......................................................       2,122,425       3,082,960       5,205,385
                                                                 -----------------------------------------------
        5-year Average..........................................         424,485         616,592       1,041,077
----------------------------------------------------------------------------------------------------------------
Source: USCIS, Office of Intake and Document Production (OIDP); U.S. Department of State, Visa Office.

    DHS welcomes public comments on our estimates of the total 
population that is required to submit an Affidavit using Form I-864 
showing evidence of having adequate means of financial support.
b. Population of Household Members Filing Form I-864A
    Form I-864A is submitted as an attachment to Form I-864 and is 
considered as supporting documentation. A separate Form I-864A must be 
used for each household member whose income and/or assets are being 
used by a sponsor to qualify. Therefore, each Form I-864A is completed 
and signed by two individuals: A sponsor who is completing Form I-864 
and a household member who is promising to make his or her income and/
or assets available to the sponsor to help support the

[[Page 62458]]

sponsored immigrants. When both the sponsor and the household member 
sign the form, it constitutes an agreement that the household member is 
responsible along with the sponsor for the support of the individuals 
named.
    DHS estimates the population of applicants who file Form I-864A 
with USCIS is approximately 42,892 annually \204\ and DOS is 
approximately 5,932 annually,\205\ for a total of 48,824 annually. 
However, DHS does not have receipt data for Form I-864A as USCIS does 
not generate receipt numbers for this supplemental form, which makes it 
difficult to determine how many Form I-864A are submitted annually. As 
a result, USCIS would need to manually review applicant files to obtain 
Form I-864A data to more accurately determine the number of receipts of 
this form. Therefore, DHS relies on the likely number of Form I-864A 
respondents estimated through periodic and ongoing information 
collection efforts. Such collections of information rely on a 
combination of information USCIS obtains from databases, subject matter 
experts, and projected intakes from other collections of information, 
which may have a relationship to the form for which an estimate is 
provided. The agency uses this information and/or may use other data 
that might not be found in an official database to guide decision-
making on an estimated number of respondents as it is the best 
information available at this time.
---------------------------------------------------------------------------

    \204\ Source for Form I-864A population estimate based on USCIS 
receipts: See Paperwork Reduction Act (PRA) Affidavit of Support 
Under Section 213A of the INA (Forms I-864, I-864A, I-864EZ) (OMB 
control number 1615-0075). The PRA Supporting Statement A can be 
found at Question 12 on Reginfo.gov at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201705-1615-004 (last visited June 
2, 2020).
    \205\ Source: U.S. Department of State, Visa Office.
---------------------------------------------------------------------------

    Moreover, DHS reiterates that this proposed rule would revise the 
current regulatory requirements concerning who can qualify as a 
household member for purposes of executing a Contract using Form I-
864A. Currently, there is no limitation on the number of household 
members who may execute a Form I-864A. However, DHS is proposing to 
permit only a sponsor's spouse or an intending immigrant with the same 
principal residence as the sponsor to execute Form I-864A. DHS 
acknowledges this proposed new regulatory provision may reduce the 
number of individuals who would be eligible to qualify as a household 
member who may submit a Contract and, as a result, may reduce the 
number of Contracts executed using Form I-864A. However, DHS is unable 
to determine the magnitude of the reduced number of Form I-864A filings 
annually at this time.
    DHS welcomes public comments on our estimates of the total 
population that is required to execute a Contract showing evidence of 
having adequate means of financial support. In addition, DHS welcomes 
comments regarding the effect of the revision to the current regulatory 
requirements in this proposed rule concerning who may qualify as a 
household member for purposes of executing a Contract using Form I-
864A.
c. Population of Sponsors Filing Form I-864EZ
    Form I-864EZ is a shorter version of Form I-864 and is designed for 
cases that meet certain criteria. Like Form I-864, Form I-864EZ is 
legally required for many family-based immigrants to show the intending 
immigrant has adequate means of financial support and is not 
inadmissible on the public charge ground. Individuals who meet all of 
the following criteria may file Form I-864EZ:
     The individual is the person who filed or is filing Form 
I-130, Form I-129F, or Form I-600 or Form I-800, Petition to Classify 
Convention Adoptee as an Immediate Relative, for a relative being 
sponsored;
     The relative being sponsored is the only person listed on 
the form, other than the petitioner; and
     The income the individual is using to qualify is based 
entirely on that individual's salary or pension and is shown on one or 
more IRS Form W-2s provided by the individual's employers or former 
employers.
    Table 5 shows the total population in fiscal years 2014 to 2018 
that filed Form I-864EZ with both USCIS and DOS. The annual population 
of sponsors filing Form I-864EZ increased from 24,545 in fiscal year 
2014 to 36,909 in fiscal year 2016, an increase of about 26 percent. 
Filings decreased to 31,442 in fiscal year 2018, a decrease of about 16 
percent. Over the 5-year period, the population of sponsors who filed 
Form I-864EZ ranged from a low of 24,545 in fiscal year 2014 to a high 
of 36,909 in fiscal year 2018. In addition, the average annual 
population of sponsors over 5 fiscal years who filed Form I-864EZ was 
30,991. Therefore, DHS estimates the annual average total population 
filing Form I-864EZ would be 30,991 for this proposed rule.

                 Table 5--Total Receipts for Form I-864EZ by USCIS and DOS, FY 2014 to FY 2018.
----------------------------------------------------------------------------------------------------------------
                                                                  USCIS  form I-   DOS  form I-
                           Fiscal year                                 864EZ           864EZ           Total
                                                                     receipts        receipts
----------------------------------------------------------------------------------------------------------------
2014............................................................          10,238          14,307          24,545
2015............................................................           9,924          21,172          31,096
2016............................................................          11,097          25,812          36,909
2017............................................................          11,524          19,439          30,963
2018............................................................           9,459          21,983          31,442
    Total.......................................................          52,242         102,713         154,955
        5-year Average..........................................          10,448          20,543          30,991
----------------------------------------------------------------------------------------------------------------
Source: USCIS, Office of Intake and Document Production (OIDP); U.S. Department of State, Visa Office.

    DHS is proposing to revise 8 CFR 213a.2(c)(2)(ii)(C) to require the 
applicant to submit a Form I-864 executed by a joint sponsor when the 
petitioning sponsor has received one or more means-tested public 
benefits within the 36 months prior to executing the Form I-864EZ. See 
proposed 8 CFR 213a.2(c)(2)(ii)(C)(4)(ii). If a petitioner has received 
a means-tested public benefit within the 36 months prior to filing Form 
I-864EZ, he or she would be considered unable to meet the income 
requirements of a sponsor.\206\ In such cases, the petitioning sponsor 
would

[[Page 62459]]

still be required to complete the Affidavit, but a joint sponsor who 
has not received a means-tested public benefit in the past 36 months 
also must complete an Affidavit for the intending immigrant to not be 
found inadmissible.
---------------------------------------------------------------------------

    \206\ A petitioning sponsor who is on active duty (other than 
active duty for training) in the Armed Forces of the United States 
and is petitioning for his or her spouse or child under section 204 
of the INA does not need a joint sponsor if he or she has received 
means-tested public benefits in the 36 month-period before filing 
the Affidavit.
---------------------------------------------------------------------------

    DHS recognizes this new requirement may result in fewer annual 
filings of Form I-864EZ and may increase the number of filings of Form 
I-864 since both a sponsor needing a joint sponsor, for any reason, and 
the joint sponsor each would file an Affidavit using Form I-864. 
However, DHS is unable to estimate the potential number of Form I-864EZ 
filers who may be required to file Form I-864 with a joint sponsor due 
to receipt of means-tested public benefits within the 36 months prior 
to filing as this information is not collected in USCIS databases. 
Moreover, DHS acknowledges this proposed new regulatory provision would 
likely reduce the number of individuals who would be eligible to 
qualify as a sponsor who may execute an Affidavit and, as a result, may 
reduce the number of Affidavits executed using Form I-864EZ. As noted 
above, DHS is unable to determine the magnitude of the reduction in 
Form I-864EZ filings annually at this time. Therefore, as with the 
population estimate for Form I-864, DHS uses the estimated annual 
average total population filing Form I-864EZ of 30,991 for the analysis 
of this proposed rule.
    DHS welcomes public comments on our estimates of the total 
population that is required to execute an Affidavit using Form I-864EZ 
showing evidence of having adequate means of financial support. In 
addition, DHS welcomes comments regarding the effect of the revision to 
the current regulatory requirements in this proposed rule concerning 
who may qualify to execute an Affidavit using Form I-864EZ.
d. Population of Filing Form I-864W
    Certain classes of immigrants currently are exempt from the 
requirement to file Form I-864 or Form I-864EZ and therefore must file 
Form I-864W, Request for Exemption for Intending Immigrant's Affidavit 
of Support. However, DHS is proposing to eliminate Form I-864W and 
instead would require individuals to provide the information previously 
requested on the Form I-864W using Form I-485. Applicants, therefore, 
would not be required to file a separate Form I-864W apart from the 
Form I-485. Based on the information provided in the Form I-485, an 
officer can verify whether an immigrant is statutorily required to file 
an Affidavit.
    DHS estimates the population of immigrants who must file Form I-
864W is approximately 98,119 annually.\207\ Due to data limitations, 
DHS cannot easily determine the number of annual filings of Form I-
864W. Therefore, DHS relies on the likely number of Form I-864W 
respondents estimated through periodic and ongoing information 
collection efforts. Such collections of information rely on a 
combination of information DHS obtains from databases, subject matter 
experts, and projected intakes from other collections of information, 
which may have a relationship to the form for which an estimate is 
provided. The agency uses this information and/or may use other data 
that might not be found in an official database to guide decision-
making on an estimated number of respondents as it is the best 
information available at this time. DHS welcomes public comments on our 
estimates of the total population who must file Form I-864W.
---------------------------------------------------------------------------

    \207\ Source for I-864W population: Paperwork Reduction Act 
(PRA) Affidavit of Support Under Section 213A of the INA (Forms I-
864, I-864A, I-864EZ, I-864W) (OMB control number 1615-0075). The 
PRA Supporting Statement A can be found at Question 12 on 
Reginfo.gov at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201705-1615-004.
---------------------------------------------------------------------------

e. Population of Filing Form I-865
    Currently, all sponsors of immigrants in the United States who have 
executed an Affidavit using Form I-864 or I-864EZ at any time in the 
past must file Form I-865, Sponsor's Notice of Change Address, to 
report a change of address within 30 days of the change if the 
sponsorship agreement is still in force. The sponsorship agreement 
remains in force until the sponsored immigrant:
     Becomes a U.S. citizen;
     Receives credit for 40 quarters of work;
     Departs the United States permanently and either formally 
abandons lawful permanent resident status (by filing Form I-407, Record 
of Abandonment of Lawful Permanent Resident Status) or is formally held 
in a removal proceeding to have abandoned that status;
     In a removal proceeding, loses the lawful permanent 
resident status that the sponsored immigrant obtained based on the Form 
I-864; or
     Becomes deceased.
    Table 6 shows the total annual receipts for filings of Form I-865 
during fiscal years 2014 to 2018. The total annual receipts of Form I-
865 decreased over the period from a high of 8,055 in fiscal year 2014 
to a low of 5,354 in fiscal year 2017, an overall decrease of about 34 
percent. In fiscal year 2018, the total annual receipts of Form I-865 
increased to 5,536, about a 3 percent increase compared to fiscal year 
2017. In addition, the average number of receipts of Form I-865 over 
the 5-fiscal year period was about 6,089. While the total number of 
Form I-865 receipts was much greater in fiscal year 2014, the 
subsequent overall trend showed much more moderate decline and leading 
to an increase in filings in fiscal year 2018. Preliminary data for 
fiscal year 2019 show an increase in Form I-865 filing to about 6,007, 
an increase of almost 8 percent compared to fiscal year 2018.\208\ 
Therefore, since a consistent increasing or decreasing trend cannot be 
observed, DHS uses the total annual average population filing Form I-
865 of approximately 6,089 for the baseline of this proposed rule.
---------------------------------------------------------------------------

    \208\ Form I-865 receipts data for fiscal year 2019 are not 
shown in the table as the data is preliminary, but also to maintain 
a consistent period of analysis, to the extent possible, with other 
data presented in this economic analysis.

Table 6--Total Annual Receipts of Form I-865, Sponsor's Notice of Change
                               of Address
------------------------------------------------------------------------
                       Fiscal year                           Receipts
------------------------------------------------------------------------
2014....................................................           8,055
2015....................................................           6,049
2016....................................................           5,449
2017....................................................           5,354
2018....................................................           5,536
                                                         ---------------
  Total.................................................          30,443
                                                         ---------------
    5-Year Average......................................           6,089
------------------------------------------------------------------------
Source: USCIS Office of Policy & Strategy, Policy Research Division
  search of the USCIS Computer-Linked Application and Information System
  3 (CLAIMS 3) database.

    Under the proposed rule, the population executing Form I-864A would 
also be required to file Form I-865 to provide notice of a change of 
address. In order to estimate the likely increase in the number of Form 
I-865 filings due to the new proposed requirement, DHS calculated the 
percentage of the total annual receipts of Form I-865 compared to the 
total average annual filings of Form I-864 and Form I-864EZ. DHS 
estimates that the current total average annual filings of Form I-864 
and Form I-864EZ is

[[Page 62460]]

approximately 1,072,068.\209\ On average, the annual number of filings 
of Form I-865 is about 0.6 percent of the number filings of Form I-864 
and Form I-864EZ.\210\ DHS applies the 0.6 percent to the total annual 
average number of filings of Form I-864A of 48,824 (from Section 4.b of 
this analysis) to determine how many Form I-864A filers would likely be 
required to file Form I-865 under the new provision of the proposed 
rule. Based on the average annual percentage of the number of 
individuals who filed Form I-864 and Form I-864EZ that filed Form I-
865, DHS estimates there would be an average of about 293 additional 
annual filings of Form I-865 from the Form I-864A filers under the 
proposed provision.\211\ Therefore, DHS estimates the total annual 
average population filing Form I-865 for the proposed rule would be 
about 6,382.\212\
---------------------------------------------------------------------------

    \209\ Calculation: (Estimated population for Form I-864) + 
(Estimated population for Form I-864EZ) = 1,041,077 + 30,991 = 
1,072,068.
    \210\ Calculation: (5-Year average total annual receipts of Form 
I-865/Total average annual filings fo Form I-864 and Form I-864EZ) * 
100 = (6,089/1,072,068) * 100 = 0.568 = 0.6 percent (rounded)
    \211\ Calculation: (Estimated total average annual number of 
filings of Form I-864A) * (Estimated average annual percentage of 
the number of individuals who filed Form I-864 and Form I-864EZ that 
filed Form I-865) = 48,824 * 0.006 = 293 (rounded) additional 
filings of Form I-865 under the proposed rule for those who file 
Form I-864A.
    \212\ Calculation: (Estimated total annual average number of 
filings for Form I-865) + (Estimated additional filings of Form I-
865 under the proposed rule for those who file Form I-864A) = 6,089 
+ 293 = 6,382 estimated proposed total annual average number of 
filings for Form I-865.
---------------------------------------------------------------------------

    DHS welcomes public comments on our estimates of the total 
population that is required to submit Form I-865 to provide notice of a 
change of address, including the current and proposed populations that 
would be required to submit Form I-865 in the event of a change of 
address.
5. Cost-Benefit Analysis
    DHS expects this proposed rule to produce quantified costs 
associated with filing an Affidavit or Contract using Form I-864, Form 
I-864A, and Form I-864EZ; and quantified costs associated with filing 
Form I-865 for those who would now be required to provide notice of a 
change of address.
    For this proposed rule, DHS uses the unweighted mean hourly wage of 
$25.72 for all occupations to estimate the opportunity cost of time for 
the populations in this economic analysis filing an Affidavit or 
Contract using Form I-864, Form I-864A, and Form I-864EZ, and for those 
who must file Form I-865 to provide notice of a change of address.\213\ 
For these populations, DHS assumes individuals are dispersed throughout 
the various occupational groups and industry sectors of the U.S. 
economy. However, the wage for all occupations ($25.72) is an 
unweighted mean hourly wage that does not account for worker benefits. 
DHS accounts for worker benefits when estimating the opportunity cost 
of time by calculating a benefits-to-wage multiplier using the most 
recent Department of Labor (DOL), Bureau of Labor Statistics (BLS) 
report detailing the average employer costs for employee compensation 
for all civilian workers in major occupational groups and industries. 
DHS estimates the benefits-to-wage multiplier is 1.46 and, therefore, 
is able to estimate the full opportunity cost per applicant, including 
employee wages and salaries and the full cost of benefits such as paid 
leave, insurance, and retirement.\214\ For the individuals filing an 
Affidavit or Contract, therefore, DHS calculates the average total rate 
of compensation as $37.55 per hour, where the mean hourly wage is 
$25.72 per hour worked and average benefits are $11.83 per hour.\215\
---------------------------------------------------------------------------

    \213\ The May 2019 national mean hourly wage across all 
occupations is $25.72. See Department of Labor, Bureau of Labor 
Statistics, May 2019 National Occupational Employment and Wage 
Estimates, United States All Occupations, available at https://www.bls.gov/oes/2019/may/oes_nat.htm. (last visited June 2, 2020).
    \214\ The benefits-to-wage multiplier is calculated as follows: 
(Total Employee Compensation per hour)/(Wages and Salaries per hour) 
= $37.10/$25.47 = 1.457 = 1.46 (rounded). See Economic News Release, 
Employer Cost for Employee Compensation (March 2020), U.S. Dept. of 
Labor, BLS, Table 1. Employer costs per hour worked for employee 
compensation and costs as a percent of total compensation: Civilian 
workers, by major occupational and industry group. March 19, 2020, 
available at https://www.bls.gov/news.release/archives/ecec_03192020.pdf (last viewed June 2, 2020).
    \215\ The calculation of the weighted mean hourly wage for 
applicants: $25.72 per hour * 1.46 = $37.5512 = $37.55 (rounded) per 
hour.
---------------------------------------------------------------------------

a. Baseline Estimate of Current Costs
    The baseline estimate of current costs is the best assessment of 
costs and benefits absent the regulatory action. For this proposed 
rule, DHS estimates the baseline according to current operations and 
requirements and compares that to the estimated costs and benefits of 
the provisions set forth in the proposed rule. Therefore, DHS defines 
the baseline by assuming ``no change'' to DHS regulations to establish 
an appropriate basis for evaluating the provisions of the proposed 
rule. DHS notes that the baseline would include the number of sponsors 
who currently maintain support of an immigrant according to the 
requirements of an Affidavit as well as the number of sponsors who have 
not met their financial obligations and from whom means-tested public 
benefits-granting agencies have sought reimbursement. However, DHS does 
not have data on reimbursement efforts or successful recoveries by 
benefits-granting agencies. As previously noted, USCIS receives limited 
information from benefit-granting agencies or other parties enforcing 
the Affidavit or Contract, despite the information sharing provisions 
in the statute and regulations. Therefore, the costs detailed as part 
of the baseline include all current costs associated with completing 
and filing Form I-864, Form I-864A, Form I-864EZ, and Form I-865. As 
noted previously in the background section, the source of additional 
costs imposed by this proposed rule generally would come from increased 
time burden estimates for completing Form I-864, Form I-864A, and Form 
I-864EZ. An additional source of costs imposed by the proposed rule 
would come from the requirement to file Form I-865 to provide notice of 
a change of address. These costs are analyzed later in this economic 
analysis. However, DHS welcomes public comments or data on individuals 
executing an Affidavit or a Contract who have received means-tested 
public benefits. DHS welcomes public comments or references to studies 
on the correlation between sponsors' receipt of means-tested public 
benefits in the past and their failure to reimburse agencies for 
benefits received by immigrants they sponsor. Additionally, DHS 
welcomes public comments or data on enforcement actions by means-tested 
public benefit granting agencies for Affidavits and Contracts to 
recover payment for any means-tested public benefits that an intending 
immigrant receives during the period in which an Affidavit or a 
Contract is enforceable.
    Table 7 shows the estimated population and annual costs of filing 
Form I-864, Form I-864A, Form I-864EZ, I-864W, and Form I-865 for the 
proposed rule.

[[Page 62461]]



 Table 7--Total Average Annual Baseline (Current) Costs of the Proposed
                                  Rule
------------------------------------------------------------------------
                                   Estimated average    Estimated total
              Form                 annual population      annual cost
------------------------------------------------------------------------
Form I-864......................           1,041,077        $234,554,648
    Opportunity Cost of Time      ..................         234,554,648
     (OCT)......................
Form I-864A.....................              48,824           3,208,225
    OCT.........................  ..................           3,208,225
Form I-864EZ....................              30,991           2,909,435
    OCT.........................  ..................           2,909,435
Form I-864W.....................              98,119           3,684,368
    OCT.........................  ..................           3,684,368
Form I-865......................               6,089              57,176
    OCT.........................  ..................              57,176
                                 ---------------------------------------
        Total Baseline Costs....  ..................         244,413,852
------------------------------------------------------------------------
Source: USCIS analysis.

    As previously discussed, Form I-864 is required for most family-
based immigrants and some employment-based immigrants to show they have 
adequate means of financial support and are not likely at any time to 
become a public charge.\216\ Additionally, Form I-864 may be filed with 
Form I-864A, when a sponsor's income and assets do not meet the income 
threshold and the household member chooses to combine his or her 
resources with the income and/or assets of a sponsor to meet the 
applicable income threshold. Some petitioning sponsors may be able to 
file Form I-864EZ, provided they meet certain criteria. Moreover, 
certain classes of immigrants currently are exempt from the requirement 
to file Form I-864 or Form I-864EZ, but must file Form I-864W. Based on 
the information provided in an underlying form, such as Form I-485, an 
officer can verify whether an alien is statutorily required to file an 
Affidavit.
---------------------------------------------------------------------------

    \216\ Employment-based preference immigrants must file Form I-
864 only in cases when a U.S. citizen, lawful permanent resident, or 
U.S. national relative filed the immigrant visa petition or such 
relative has a significant ownership interest (five percent or more) 
in the entity that filed the petition.
---------------------------------------------------------------------------

i. Current Baseline Cost Estimate of Filing Form I-864
    There is currently no filing fee associated with filing Form I-864 
with USCIS.\217\ However, DHS estimates the time burden associated with 
a sponsor filing Form I-864 is 6 hours per filer, including the time 
for reviewing instructions, gathering the required documentation and 
information, completing Form I-864, preparing statements, attaching 
necessary documentation, and submitting Form I-864.\218\ Therefore, 
using the average total rate of compensation of $37.55 per hour, DHS 
estimates the opportunity cost of time for completing and submitting 
Form I-864 would be $225.30 per petitioner.\219\ DHS assumes the 
average rate of total compensation used to calculate the opportunity 
cost of time for Form I-864 is appropriate since the sponsor of an 
immigrant, who is agreeing to provide financial and material support, 
is instructed to complete and submit the form. Using the estimated 
annual total population of 1,041,077 individuals filing an affidavit of 
support using Form I-864, DHS estimates the opportunity cost of time 
associated with completing and submitting Form I-864 is $234,554,648 
annually.\220\
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    \217\ The Department of State (DOS) charges a $120 fee per case 
for reviewing Affidavit of Support forms (Forms I-864, I-864A, I-
864W, and/or I-864EZ) when the form(s) is (are) filed in the United 
States and processed at the DOS National Visa Center (NVC). An 
applicant is charged only one fee, even if there are multiple 
financial sponsors associated with a single case. Moreover, DHS 
notes that three different agencies review an Affidavit and Contract 
for sufficiency, each in a different context. USCIS reviews an 
Affidavit and Contract while adjudicating certain applications for 
adjustment of status. DOS consular officers also review Affidavits 
and Contracts as part of the immigrant visa application process, and 
when an Affidavit is required, to assess potential ineligibility on 
public charge grounds. See 22 CFR 40.41. Immigration Courts, which 
are part of the U.S. Department of Justice (DOJ) Executive Office 
for Immigration Review (EOIR), may review Affidavits and Contracts 
in the context of an alien in removal proceedings who is seeking 
adjustment of status as a form of relief from removal, or when 
otherwise adjudicating an Affidavit or Contract filed in connection 
with a public charge ground of inadmissibility or deportability, but 
this rule does not directly revise DOJ standards or processes.
    \218\ See Instructions for Affidavit of Support Under Section 
213A of the INA, Form I-864, for time burden estimate in the 
Paperwork Reduction Act section. OMB No. 1615-0075. Expires 3/31/
2020. Available at https://www.uscis.gov/i-864 (last June 2, 2020).
    \219\ Calculation opportunity cost of time for completing and 
submitting Form I-864: ($37.55 per hour * 6 hours) = $225.30 per 
filer.
    \220\ Calculation: (Form I-864 estimated opportunity cost of 
time) * (Estimated annual population filing Form I-864) = $225.30 * 
1,041,077 = $234,554,648.10 = $234,554,648 (rounded) total annual 
opportunity cost of time for filing Form I-864.
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ii. Current Baseline Cost Estimate of Filing Form I-864A
    There is also no filing fee associated with filing Form I-864A with 
USCIS.\221\ However, DHS estimates the time burden associated with 
filing Form I-864A is 1 hour and 45 minutes (1.75 hours) per filer, 
including the time for reviewing instructions, gathering the required 
documentation and information, completing the Contract, preparing 
statements, attaching necessary documentation, and submitting the 
Contract.\222\ Therefore, using the average total rate of compensation 
of $37.55 per hour, DHS estimates the opportunity cost of time for 
completing and submitting Form I-864A is approximately $65.71 per 
petitioner.\223\ DHS assumes the average

[[Page 62462]]

total rate of compensation used for calculating the opportunity cost of 
time for Form I-864A since both the sponsor and another household 
member agree to provide financial support for an intending immigrant. 
However, the household member also may be the intending immigrant. 
Using the estimated annual total population of 48,824 for individuals 
that would file Form I-864A as a household member, DHS estimates the 
opportunity cost of time associated with completing and submitting Form 
I-864A is $3,208,225 annually.\224\
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    \221\ The Department of State (DOS) charges a $120 fee per case 
for reviewing Affidavit of Support forms (Forms I-864, I-864A, I-
864W, and/or I-864EZ) when the form(s) is (are) filed in the United 
States and processed in the DOS National Visa Center (NVC). An 
applicant is charged only one fee, even if there are multiple 
financial sponsors associated with a single case. Moreover, DHS 
notes that three different agencies review an Affidavit and Contract 
for sufficiency, each in a different context. USCIS reviews an 
Affidavit and Contract while adjudicating certain applications for 
adjustment of status. DOS consular officers also review Affidavits 
and Contracts as part of the immigrant visa application process, and 
when an Affidavit is required, to assess potential ineligibility on 
public charge grounds. See 22 CFR 40.41. Immigration Courts, which 
are part of the U.S. Department of Justice (DOJ) Executive Office 
for Immigration Review (EOIR), may review Affidavits and Contracts 
in the context of an alien in removal proceedings who is seeking 
adjustment of status as a form of relief from removal, or when 
otherwise adjudicating an Affidavit or Contract filed in connection 
with a public charge ground of inadmissibility or deportability, but 
this rule does not directly revise DOJ standards or processes.
    \222\ See Instructions for Contract Between Sponsor and 
Household Member, Form I-864A, for time burden estimate in the 
Paperwork Reduction Act section. OMB No. 1615-0075. Expires 3/31/
2020. Available at https://www.uscis.gov/i-864a (last visited June 
2, 2020).
    \223\ Calculation opportunity cost of time for completing and 
submitting Form I-864A: ($37.55 per hour * 1.75 hours) = $65.713 = 
$65.71 (rounded) per petitioner.
    \224\ Calculation: (Form I-864A estimated opportunity cost of 
time) * (Estimated annual population filing Form I-864A) = $65.71 * 
48,824 = $3,208,225.04 = $3,208,225 (rounded) total annual 
opportunity cost of time for filing Form I-864A.
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iii. Current Baseline Cost Estimate of Filing Form I-864EZ
    As with Form I-864, there is no filing fee associated with filing 
Form I-864EZ with USCIS.\225\ However, DHS estimates the time burden 
associated with filing Form I-864EZ is 2 hours and 30 minutes (2.5 
hours) per filer, including the time for reviewing instructions, 
gathering the required documentation and information, completing the 
Form I-864EZ, preparing statements, attaching necessary documentation, 
and submitting the Form I-864EZ.\226\ Therefore, using the average 
total rate of compensation of $37.55 per hour, DHS estimates the 
opportunity cost of time for completing and submitting Form I-864EZ is 
$93.88 per petitioner.\227\ Using the estimated annual total population 
of 30,991 individuals filing an affidavit of support using Form I-
864EZ, DHS estimates the opportunity cost of time associated with 
completing and submitting Form I-864EZ is $2,909,435 annually.\228\
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    \225\ The Department of State (DOS) charges a $120 fee per case 
for reviewing Affidavit of Support forms (Forms I-864, I-864A, I-
864W, and/or I-864EZ) when the form(s) is (are) filed in the United 
States and processed in the DOS National Visa Center (NVC). An 
applicant is charged only one fee, even if there are multiple 
financial sponsors associated with a single case. Moreover, DHS 
notes that three different agencies review an Affidavit and Contract 
for sufficiency, each in a different context. USCIS reviews an 
Affidavit and Contract while adjudicating certain applications for 
adjustment of status. DOS consular officers also review Affidavits 
and Contracts as part of the immigrant visa application process, and 
when an Affidavit is required, to assess potential ineligibility on 
public charge grounds. See 22 CFR 40.41. Immigration Courts, which 
are part of the U.S. Department of Justice (DOJ) Executive Office 
for Immigration Review (EOIR), may review Affidavits and Contracts 
in the context of an alien in removal proceedings who is seeking 
adjustment of status as a form of relief from removal, or when 
otherwise adjudicating an Affidavit or Contract filed in connection 
with a public charge ground of inadmissibility or deportability, but 
this rule does not directly revise DOJ standards or processes.
    \226\ See Instructions for Affidavit of Support Under Section 
213A of the INA, Form I-864EZ, for time burden estimate in the 
Paperwork Reduction Act section. OMB No. 1615-0075. Expires 3/31/
2020. Available at https://www.uscis.gov/i-864ez (last visited June 
2, 2020).
    \227\ Calculation opportunity cost of time for completing and 
submitting Form I-864EZ, Affidavit of Support Under Section 213A of 
the INA: ($37.55 per hour * 2.5 hours) = $93.875 = $93.88 per filer.
    \228\ Calculation: (Form I-864EZ estimated opportunity cost of 
time) * (Estimated annual population filing Form I-864EZ) = $93.88 * 
30,991 = $2,909,435.08 = $2,909,435 (rounded) total annual 
opportunity cost of time for filing Form I-864EZ.
---------------------------------------------------------------------------

iv. Current Baseline Cost Estimate of Filing Form I-864W
    DHS is proposing to eliminate Form I-864W and would instead require 
individuals to provide the information previously requested on the Form 
I-864W using Form I-485. Applicants, therefore, would not be required 
to file a separate Form I-864W apart from the Form I-485. Based on the 
information provided in the Form I-485, an officer can verify whether 
an immigrant is statutorily required to file an Affidavit. While the 
information currently collected using Form I-864W would be collected 
using Form I-485 under this proposed rulemaking, DHS does not 
anticipate an increase in the fee, time burden, or other changes in the 
requirements for completing and filing Form I-485.
    There is no filing fee associated with filing Form I-864W with 
USCIS.\229\ However, DHS estimates the time burden associated with 
filing this form is 60 minutes (1 hour) per petitioner, including the 
time for reviewing instructions, gathering the required documentation 
and information, completing the request, preparing statements, 
attaching necessary documentation, and submitting the request.\230\ 
Therefore, using the average total rate of compensation of $37.55 per 
hour, DHS estimates the opportunity cost of time for completing and 
submitting Form I-864W is approximately $37.55 per filer.\231\ Using 
the estimated annual total population of 98,119 for individuals who 
would file Form I-864W as a Household Member, DHS estimates the 
opportunity cost of time associated with completing and submitting Form 
I-864W is approximately $3,684,368 annually.\232\
---------------------------------------------------------------------------

    \229\ The Department of State (DOS) charges a $120 fee per case 
for reviewing Affidavit of Support forms (Forms I-864, I-864A, I-
864W, and/or I-864EZ) when the form(s) is (are) filed in the United 
States and processed in the DOS National Visa Center (NVC). An 
applicant is charged only one fee, even if there are multiple 
financial sponsors associated with a single case. Moreover, DHS 
notes that three different agencies review an Affidavit and Contract 
for sufficiency, each in a different context. USCIS reviews an 
Affidavit and Contract while adjudicating certain applications for 
adjustment of status. DOS consular officers also review Affidavits 
and Contracts as part of the immigrant visa application process, and 
when an Affidavit is required, to assess potential ineligibility on 
public charge grounds. See 22 CFR 40.41. Immigration Courts, which 
are part of the U.S. Department of Justice (DOJ) Executive Office 
for Immigration Review (EOIR), may review Affidavits and Contracts 
in the context of an alien in removal proceedings who is seeking 
adjustment of status as a form of relief from removal, or when 
otherwise adjudicating an Affidavit or Contract filed in connection 
with a public charge ground of inadmissibility or deportability, but 
this rule does not directly revise DOJ standards or processes.
    \230\ See Instructions for Request for Exemption for Intending 
Immigrant's Affidavit of Support, Form I-864W, for time burden 
estimate in the Paperwork Reduction Act section. OMB No. 1615-0075. 
Expires 3/31/2020. Available at https://www.uscis.gov/i-864w (last 
accessed Oct. 22, 2019).
    \231\ Calculation of opportunity cost of time for completing and 
submitting Form I-864W: ($37.55 per hour * 1.0 hours) = $37.55.
    \232\ Calculation: (Form I-864W estimated opportunity cost of 
time) * (Estimated annual population filing Form I-864W) = $37.55 * 
98,119 = $3,684,368.45 = $3,684,368 (rounded) total annual 
opportunity cost of time for filing Form I-864W.
---------------------------------------------------------------------------

v. Current Baseline Cost Estimate of Filing Form I-865
    Form I-865 is currently identified by OMB as exempt from control 
under the Paperwork Reduction Act (PRA). However, as recently as 2015, 
Form I-865 was an OMB-approved collection for which DHS estimated the 
time burden associated with filing the form was 15 minutes (0.25 
hours), including the time for reviewing instructions, and completing 
and submitting the form.\233\ Therefore, using the average total rate 
of compensation of $37.55 per hour, DHS estimates the opportunity cost 
of time for completing and submitting Form I-865 is approximately be 
$9.39 per filer.\234\
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    \233\ See Paperwork Reduction Act (PRA) Supporting Statement for 
Form I-865. The PRA Supporting Statement A can be found at Question 
12 on Reginfo.gov at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201209-1615-010 (last viewed June 2, 2020). 
DHS notes this is the supporting statement for Form I-865 prior to 
the form becoming exempt from control under the PRA. This supporting 
statement provides the best estimate of the time burden to complete 
Form I-865.
    \234\ Calculation of opportunity cost of time for completing and 
submitting Form I-865: ($37.55 per hour * 0.25 hours) = $9.388 = 
$9.39 (rounded).

---------------------------------------------------------------------------

[[Page 62463]]

Using the estimated annual total population of 6,089 for individuals 
who would file Form I-865 to provide notice of a change of address, DHS 
estimates the opportunity cost of time associated with completing and 
submitting Form I-865 is approximately $57,176 annually.\235\
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    \235\ Calculation: (Form I-865 estimated opportunity cost of 
time) * (Estimated annual population filing Form I-865) = $9.39 * 
6,089 = $57,175.71 = $57,176 (rounded) total annual opportunity cost 
of time for filing Form I-865.
---------------------------------------------------------------------------

b. Costs of the Proposed Regulatory Changes
    The primary source of quantified new costs for the proposed rule 
would be from increases in the estimated time burdens to complete Form 
I-864, I-864A, and Form I-864EZ, as well as new filing requirements 
such as providing additional tax transcripts and credit reports and 
credit scores. The proposed rule would also impose new costs on the 
population executing a Contract as household members would now be 
required to submit Form I-865 to provide notice of a change of address 
after moving. Moreover, the proposed rule also would impose new costs 
on those using the proposed new Form G-1563 to make a formal request 
from a party or entity authorized to bring an action to enforce an 
Affidavit or Contract so that USCIS may provide a certified copy of the 
requested Affidavit or Contract that has been executed on behalf of a 
sponsored immigrant for use as evidence in any action of enforcement. 
Table 8 shows the estimated annual new quantified costs the proposed 
rule would impose on individuals filing Form I-864, I-864A, Form I-
864EZ, and Form I-865.

        Table 8--Total New Quantified Costs of the Proposed Rule
------------------------------------------------------------------------
                                   Estimated annual
              Form                    population       Total annual cost
------------------------------------------------------------------------
Form I-864......................           1,041,077        $226,621,641
    Opportunity Cost of Time      ..................          19,551,426
     (OCT)--Additional to
     Baseline (Current) Costs...
    Cost of obtaining credit      ..................          20,811,129
     report and credit score....
    Cost to obtain Internal       ..................         156,161,550
     Revenue Service (IRS)-
     issued certified copies or
     transcripts of Federal
     income tax returns (3 most
     recent taxable years
     required)..................
    OCT to file IRS Form 4506 to  ..................          30,097,536
     obtain IRS-issued certified
     Federal income tax returns.
Form I-864A.....................              48,824          10,628,009
    OCT--Additional to Baseline   ..................             916,915
     (Current) Costs............
    Cost of obtaining credit      ..................             975,992
     report and credit score....
    Cost to obtain Internal       ..................           7,323,600
     Revenue Service (IRS)-
     issued certified copies or
     transcripts of Federal
     income tax returns (3 most
     recent taxable years
     required)..................
    OCT to file IRS Form 4506 to  ..................           1,411,502
     obtain IRS-issued certified
     Federal income tax returns.
Form I-864EZ....................              30,991           6,745,811
    OCT--Additional to Baseline   ..................             581,701
     (Current) Costs............
    Cost of obtaining credit      ..................             619,510
     report and credit score....
    Cost to obtain Internal       ..................           4,648,650
     Revenue Service (IRS)-
     issued certified copies or
     transcripts of Federal
     income tax returns (3 most
     recent taxable years
     required)..................
    OCT to file IRS Form 4506 to  ..................             895,950
     obtain IRS-issued certified
     Federal income tax returns.
Form I-865......................               6,382               2,751
    Expanded population subject   ..................               2,751
     to the requirement to file
     Form I-865 to provide
     notice of change of address
Form G-1563.....................                  25                 779
    OCT to file.................  ..................                 779
                                 ---------------------------------------
        Total New Quantified      ..................         243,998,991
         Costs of the Proposed
         Rule...................
------------------------------------------------------------------------
Source: USCIS analysis.

    The proposed rule would require individuals completing Affidavits 
using Form I-864 to read additional instructions and provide additional 
information, which increases the estimated time to complete the form. 
The current estimated time to complete Form I-864 is 6 hours per filer. 
For the proposed rule, DHS estimates the time burden for completing 
Form I-864 will increase by 30 minutes to account for the additional 
time petitioners will spend on reviewing instructions, gathering the 
required documentation and information, completing the request, 
preparing statements, attaching necessary documentation, and submitting 
the request. The 30 minutes of increased time burden to complete the 
form takes into account the proposed new requirement to provide USCIS 
with bank account information as well as credit reports and credit 
scores.\236\ Therefore, the proposed time burden to complete Form I-864 
is estimated to be 6.5 hours per filer.
---------------------------------------------------------------------------

    \236\ DHS notes that some low-income individuals may be 
``unbanked'' and do not have bank accounts and/or credit reports and 
credit scores. Therefore, such individuals would not be able to 
provide this information and may not incur this opportunity cost of 
time. See Federal Deposit Insurance Corporation (FDIC). ``FDIC 
National Survey of Unbanked and Underbanked Households,'' Appendix 
Tables, Table A.1 Banking Status by Household Characteristics, 2017, 
available at https://www.fdic.gov/householdsurvey/2017/2017appendix.pdf, (last visited June 2, 2020).
---------------------------------------------------------------------------

    For the proposed rule, DHS estimates the opportunity cost of time 
for completing and filing Form I-864 would be $244.08 per individual 
based on the 30-minute increase in the time burden estimate.\237\ 
Therefore, using the total population estimate of 1,041,077 annual 
filings for Form I-864, DHS estimates the total opportunity cost of 
time associated with completing and filing Form I-864 is approximately 
$254,106,074 annually.\238\
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    \237\ Calculation opportunity cost of time for completing and 
submitting Form I-864: ($37.55 per hour * 6.5 hours) = $244.075 = 
$244.08 (rounded) per filer.
    \238\ Calculation: (Form I-864 estimated opportunity cost of 
time for proposed rule) * (Estimated annual population filing Form 
I-864) = $244.08 * 1,041,077 = $254,106,074.16 = $254,106,074 
(rounded) proposed rule total annual estimated opportunity cost of 
time for filing Form I-864.
---------------------------------------------------------------------------

    The new costs imposed by this proposed rule would be the difference 
between the proposed estimated opportunity cost of time to complete

[[Page 62464]]

Form I-864 and the current estimated opportunity cost of time to 
complete the form due to the increased time burden estimate. As a 
result, DHS estimates the proposed rule would impose additional annual 
new costs of approximately $19,551,426 to Form I-864 filers.\239\
---------------------------------------------------------------------------

    \239\ Calculation of estimated new costs for completing Form I-
864: Proposed rule estimate of opportunity cost of time to complete 
Form I-864 ($254,106,074)--Current estimate of opportunity cost of 
time to complete Form I-864 ($234,554,648) = $19,551,426 estimated 
annual new costs of the proposed rule.
---------------------------------------------------------------------------

    In addition to the opportunity cost of time associated with 
completing and filing Form I-864, filers must bear the cost of 
obtaining a credit report and credit score from any one of the three 
major credit bureaus in the United States to be submitted with the 
Affidavit.\240\ Consumers may obtain a free credit report once a year 
from each of the three major consumer reporting agencies (i.e., credit 
bureaus) under the Fair Credit Reporting Act (FCRA).\241\ However, 
consumers are not necessarily entitled to a free credit score, for 
which consumer reporting agencies may charge a fair and reasonable 
fee.\242\ DHS does not assume all individuals are able to obtain a free 
credit report under FCRA specifically for fulfilling the requirements 
of filing Form I-864 and acknowledges obtaining a credit score would be 
an additional cost. Therefore, DHS assumes each individual would bear 
the cost of obtaining a credit report and credit score from at least 
one of the three major credit bureaus. DHS estimates the cost of 
obtaining a credit report and credit score is $19.99 per applicant, as 
this is the maximum amount the three major credit bureaus charge.\243\ 
DHS notes all individuals who file an Affidavit will also be required 
to comply with this requirement, unless he or she is applying in a 
category exempt from the public charge inadmissibility ground. 
Therefore, based on the estimated average annual population of 
1,041,077, DHS estimates the total annual cost associated with 
obtaining a credit report and credit score as part of the requirements 
for filing Form I-864 would be approximately $20,811,129.\244\
---------------------------------------------------------------------------

    \240\ The three major credit bureaus are Equifax, Experian, and 
TransUnion. Each of these bureaus is a publicly-traded, for-profit 
company that is not owned by the Federal Government. DHS notes that 
there may be differences in the information contained in the credit 
reports from each of the three major credit bureaus since one credit 
bureau may have unique information on a consumer that is not 
captured by the other credit bureaus.
    \241\ See Fair Credit Reporting Act (FCRA), Section 612, Charges 
for Certain Disclosures. 15 U.S.C. 1681j, available at https://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf 
(last visited June 2, 2020).
    \242\ See FCRA, Section 609(f)(8), Disclosures to Consumers, 
Disclosure of Credit Scores. 15 U.S.C. 1681g, available at https://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf 
(last visited June 2, 2020).
    \243\ Each of the three major credit charge the following prices 
for a credit report, including a credit score:
    Experian--$19.99, available at https://www.experian.com/consumer-products/compare-credit-report-and-score-products.html 
(last visited Nov. 7, 2019);
    Equifax--$15.95, available at https://www.equifax.com/personal/products/credit/report-and-score (last visited Nov. 7, 2019); and
    TransUnion--$11.50, available at https://disclosure.transunion.com/dc/disclosure/disclosure.jsp (last visited 
Nov. 7, 2019).
    \244\ Calculation: (Estimated cost for credit score and credit 
report) * (Estimated annual population filing Form I-864) = $19.99 * 
1,041,077 = $20,811,129.23 = $20,811,129 (rounded) annual estimated 
costs for obtaining a credit report and credit score as part of the 
requirements for filing Form I-864.
---------------------------------------------------------------------------

    DHS is proposing a new requirement that those filing Form I-864 
would be required to provide IRS-issued certified copies or transcripts 
of their Federal income tax returns for the 3 most recent taxable 
years.\245\ See proposed 8 CFR 213a.2(c)(2)(i)(A). Consistent with the 
Act, DHS is proposing to clarify in the regulation that tax returns 
must be certified copies issued by the IRS.\246\ Individuals may 
request certified copies from the IRS for the current tax year and the 
prior six years. DHS proposes conforming edits to the regulation to be 
consistent with these revisions. See proposed 8 CFR 213a.2(c)(2)(i)(B), 
(c)(2)(i)(C)(4), and (c)(2)(i)(D). Sponsors currently have the option 
of submitting tax returns for the 3 most recent tax years, but are only 
required to submit tax returns for the most recent tax year.\247\
---------------------------------------------------------------------------

    \245\ A tax transcript summarizes return information and they 
are available for the most current tax year after the IRS processes 
the return. Taxpayers can also get them for the past 3 years. See 
How to Get Tax Transcripts and Copies of Tax Returns from the IRS, 
available at https://www.irs.gov/newsroom/how-to-get-tax-transcripts-and-copies-of-tax-returns-from-the-irs (last visited 
June 2, 2020).
    \246\ See INA section 213A(f)(6)(A)(i), 8 U.S.C. 
1183a(f)(6)(A)(i).
    \247\ See INA section 213A(f)(6)(B), 8 U.S.C. 1183a(f)(6)(B); 
see also 8 CFR 213a.2(c)(2)(i)(A).
---------------------------------------------------------------------------

    A transcript summarizes return information and includes Adjusted 
Gross Income (AGI). They are available for the most current tax year 
after the IRS has processed the return. IRS-certified copies of a tax 
return are available for the current tax year and as far back as six 
years. The fee per copy for each return requested is $50. Individuals 
requesting IRS-certified copies of a tax return must complete and mail 
IRS Form 4506 to the appropriate IRS office listed on the form.
    Using the estimated annual total population of 1,041,077 
individuals filing Form I-864, DHS estimates the cost to obtain three 
tax transcripts using IRS Form 4506 in accordance with the proposed 
requirement for submitting Form I-864 would be approximately 
$156,161,550 annually.\248\
---------------------------------------------------------------------------

    \248\ Calculation: (Cost per IRS-certified tax transcript) * 
(Proposed number of transcripts required [3]) * (Estimated annual 
population filing Form I-864) = $50 * 3 * 1,041,077 = $156,161,550 
total proposed cost to obtain IRS-certified tax transcripts for 
filing Form I-864.
---------------------------------------------------------------------------

    The estimated time burden associated with filing IRS Form 4506 is 
46 minutes (.77 hours) per filer, including learning about the law or 
form, preparing the form, and copying, assembling, and sending the form 
to the IRS. Therefore, using the total rate of compensation of $37.55 
per hour, DHS estimates the opportunity cost of time for completing and 
submitting IRS Form 4506 would be $28.91 per applicant.\249\ Using the 
total population estimate of 1,041,077 annual filings for Form I-864, 
DHS estimates the total opportunity cost of time associated with 
completing and submitting IRS Form 4506 would be approximately 
$30,097,536 annually.\250\
---------------------------------------------------------------------------

    \249\ Calculation of opportunity cost of time to file IRS Form 
4506 for those filing Form I-864: ($37.55 per hour * .77 hours) = 
$28.914 = $28.91 (rounded) per filer.
    \250\ Calculation: (Estimated opportunity cost of time for IRS 
Form 4506) * (Estimated annual population filing Form I-864) = 
$28.91 * 1,041,077 = $30,097,536.07 = $30,097,536 (rounded) annual 
opportunity cost of time for filing IRS Form 4506 for those filing 
Form I-864.
---------------------------------------------------------------------------

    In sum, DHS estimates the total proposed new cost to complete and 
file Form I-864 would be approximately $226,621,641 annually.\251\ The 
total estimated annual new costs include those associated with the 
opportunity cost of time to complete the form, obtaining a credit 
report and credit score, obtaining IRS-issued certified copies or 
transcripts of Federal income tax returns for the 3 most recent taxable 
years using IRS Form 4506, and the opportunity cost of time to file IRS 
Form 4506 for the total population estimate of 1,041,077 annual filings 
for Form I-864.
---------------------------------------------------------------------------

    \251\ Calculation: $19,551,426 (Opportunity cost of time to 
complete Form I-864) + $20,811,129 (Cost of credit report and credit 
score) + $156,161,550 (Cost to obtain Internal Revenue Service 
(IRS)-issued certified copies or transcripts of Federal income tax 
returns) + $30,097,536 (Opportunity cost of time to file IRS Form 
4506 to obtain IRS-issued certified Federal income tax returns = 
$226,621,641 total proposed estimated annual cost to complete and 
file Form I-864.
---------------------------------------------------------------------------

    The current estimated time to complete Form I-864A is 1 hour and 45 
minutes (1.75 hours) per filer.\252\ For the proposed rule, DHS 
estimates the time

[[Page 62465]]

burden for completing Form I-864A will increase by 30 minutes to 
account for the additional time petitioners will spend on reviewing 
instructions, gathering the required documentation and information, 
completing the request, preparing statements, attaching necessary 
documentation, and submitting the request. The 30 minutes of increased 
time burden to complete the form takes into account the proposed new 
requirement to provide USCIS with bank account information as well as 
credit reports and credit scores.\253\ Therefore, the proposed time 
burden to complete Form I-864A is estimated to be 2 hours and 15 
minutes (2.25 hours) per filer.
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    \252\ See USCIS Instructions for Form I-864A, Contract Between 
Sponsor and Household Member available at https://www.uscis.gov/i-864a.
    \253\ DHS notes that some low-income individuals may be 
``unbanked'' and do not have bank accounts and/or credit reports and 
credit scores. Therefore, such individuals would not be able to 
provide this information and may not incur this opportunity cost of 
time. See Federal Deposit Insurance Corporation (FDIC). ``FDIC 
National Survey of Unbanked and Underbanked Households,'' Appendix 
Tables, Table A.1 Banking Status by Household Characteristics, 2017, 
available at https://www.fdic.gov/householdsurvey/2017/2017appendix.pdf, (last visited June 2, 2020).
---------------------------------------------------------------------------

    For the proposed rule, DHS estimates the opportunity cost of time 
for completing Form I-864A would be $84.49 per application based on the 
30-minute increase in the time burden estimate.\254\ Therefore, using 
the total population estimate of 48,824 for individuals who would 
complete and submit Form I-864A as a household member,\255\ DHS 
estimates the total opportunity cost of time associated with completing 
Form I-864A would be approximately $4,125,140 annually.\256\
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    \254\ Calculation opportunity cost of time for completing and 
submitting Form I-864A: ($37.55 per hour * 2.25 hours) = $84.488 = 
$84.49 (rounded) per application.
    \255\ DHS again notes that this proposed rule would revise the 
current regulatory requirements concerning who can qualify as a 
household member for purposes of submitting and executing a Contract 
using Form I-864A. Currently, there is no limitation on the number 
of household members who may execute a Form I-864A. However, DHS is 
proposing to permit only a sponsor's spouse or an intending 
immigrant with the same principal residence as the sponsor to 
execute Form I-864A. DHS acknowledges this proposed new regulatory 
provision would reduce the number of individuals who would be 
eligible to qualify as a household member who may submit a Contract 
and, as a result, may reduce the number of Contracts submitted using 
Form I-864A. However, DHS is unable to determine the magnitude of 
the reduced number of Form I-864A filings annually. Therefore, the 
estimated new costs of the proposed rule for those filing Form I-
864A are likely overstated.
    \256\ Calculation: (Form I-864A estimated opportunity cost of 
time for proposed rule) * (Estimated annual population filing Form 
I-864A) = $84.49 * 48,824 = $4,125,139.76 = $4,125,140 (rounded) 
proposed rule total annual estimated opportunity cost of time for 
filing Form I-864A.
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    The new costs imposed by this proposed rule would be the difference 
between the proposed estimated opportunity cost of time to complete 
Form I-864A and the current estimated opportunity cost of time to 
complete the form due to the increased time burden estimate. As a 
result, DHS estimates the proposed rule would impose additional annual 
new costs of $916,915 to Form I-864A filers.\257\
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    \257\ Calculation of estimated new costs for completing Form I-
864A: Proposed rule estimate of opportunity cost of time to complete 
Form I-864A ($4,125,140)--Current estimate of opportunity cost of 
time to complete Form I-864A ($3,208,225) = $916,915 estimated 
annual new costs of the proposed rule.
---------------------------------------------------------------------------

    In addition to the opportunity cost of time associated with 
completing Form I-864A, filers must bear the cost of obtaining a credit 
report and credit score from any one of the three major credit bureaus 
in the United States to be submitted with the Contract. DHS estimates 
the cost of obtaining a credit report and credit score is $19.99 per 
applicant, as this is the maximum amount the three major credit bureaus 
charge.\258\ Therefore, DHS estimates the total proposed new cost to 
those filing Form I-864A would be approximately $19.99 per filer. Based 
on the total population estimate of 48,824 for individuals would file 
Form I-864A as a household member, DHS estimates the total annual cost 
associated with obtaining a credit report and credit score as part of 
the requirements for filing Form I-864A would be $975,992.\259\
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    \258\ Each of the three major credit charge the following prices 
for a credit report, including a credit score:
    Experian--$19.99, available at https://www.experian.com/consumer-products/compare-credit-report-and-score-products.html 
(last visited Nov. 7, 2019);
    Equifax--$15.95, available at https://www.equifax.com/personal/products/credit/report-and-score (Nov. 7, 2019); and
    TransUnion--$11.50, available at https://disclosure.transunion.com/dc/disclosure/disclosure.jsp (last visited 
Nov. 7, 2019).
    \259\ Calculation: (Estimated cost for credit score and credit 
report) * (Estimated annual population filing Form I-864A) = $19.99 
* 48,824 = $975,991.76 = $975,992 (rounded) annual estimated costs 
for obtaining a credit report and credit score as part of the 
requirements for filing Form I-864A.
---------------------------------------------------------------------------

    DHS is also proposing that those filing Form I-864A would be 
required to provide IRS-issued certified copies or transcripts of their 
Federal income tax returns for the 3 most recent taxable years. See 
proposed 8 CFR 213a.2(c)(2)(i)(A). The fee per copy for each return 
requested is $50. DHS estimates the cost to obtain tax transcripts for 
the 3 most recent taxable years using IRS Form 4506 in accordance with 
the proposed requirement for submitting Form I-864A is $150 for each 
individual filing Form I-864A. Using the estimated annual total 
population of 48,824 individuals filing Form I-864A, DHS estimates the 
cost to obtain three tax transcripts using IRS Form 4506 in accordance 
with the proposed requirement for submitting Form I-864A would be 
approximately $7,323,600 annually.\260\
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    \260\ Calculation: (Cost per IRS-certified tax transcript) * 
(Proposed number of transcripts required [3]) * (Estimated annual 
population filing Form I-864A) = $50 * 3 * 48,824 = $7,323,600 total 
proposed cost to obtain IRS-certified tax transcripts for filing 
Form I-864A.
---------------------------------------------------------------------------

    The estimated time burden associated with filing IRS Form 4506 is 
46 minutes (.77 hours) per filer, including learning about the law or 
form, preparing the form, and copying, assembling, and sending the form 
to the IRS. Therefore, using the total rate of compensation of $37.55 
per hour, DHS estimates the opportunity cost of time for completing and 
submitting IRS Form 4506 would be $28.91 per filer.\261\ Using the 
total population estimate of 48,824 annual filings for Form I-864A, DHS 
estimates the total opportunity cost of time associated with completing 
and submitting IRS Form 4506 would be approximately $1,411,502 
annually.\262\
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    \261\ Calculation of opportunity cost of time to file IRS Form 
4506 for those filing Form I-864EZ: ($37.55 per hour * .77 hours) = 
$28.914 = $28.91 (rounded) per filer.
    \262\ Calculation: (Estimated opportunity cost of time for IRS 
Form 4506) * (Estimated annual population filing Form I-864A) = 
$28.91 * 48,824 = $1,411,501.84 = $1,411,502 (rounded) annual 
opportunity cost of time for filing IRS Form 4506 for those filing 
Form I-864.
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    In sum, DHS estimates the total proposed new cost to complete Form 
I-864A would be approximately $10,628,009 annually.\263\ The total 
proposed estimated annual new costs include those associated with the 
opportunity cost of time to complete the form, obtaining a credit 
report and credit score, obtaining IRS-issued certified copies or 
transcripts of Federal income tax returns for the 3 most recent taxable 
years using IRS Form 4506, and the opportunity cost of time to file IRS 
Form 4506 for the total population estimate of 48,824 annual filings 
for Form I-864A. DHS notes we are unable to determine the exact number 
filings of Form I-864A since not all individuals filing I-864 need to 
file Form I-864A with a household member. Therefore,

[[Page 62466]]

the costs for Form I-864A are likely to be overestimated.
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    \263\ Calculation: $916,915 (Opportunity cost of time to 
complete Form I-864A) + $975,992 (Cost of credit report and credit 
score) + $7,323,600 (Cost to obtain Internal Revenue Service (IRS)-
issued certified copies or transcripts of Federal income tax 
returns) + $1,411,502 (Opportunity cost of time to file IRS Form 
4506 to obtain IRS-issued certified Federal income tax returns = 
$10,628,009 total proposed estimated annual cost to complete and 
file Form I-864.
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    The current estimated time to complete Form I-864EZ is 2 hours and 
30 minutes (2.5 hours) per filer.\264\ For the proposed rule, DHS 
estimates the time burden for completing Form I-864EZ will increase by 
30 minutes to account for the additional time petitioners will spend on 
reviewing instructions, gathering the required documentation and 
information, completing the request, preparing statements, attaching 
necessary documentation, and submitting the request. The 30 minutes of 
increased time burden to complete the form takes into account the 
proposed new requirement to provide USCIS with bank account information 
as well as credit reports and credit scores.\265\ Therefore, the 
proposed time burden to complete Form I-864EZ is estimated to be 3 
hours per filer.
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    \264\ See USCIS Instructions for Form I-864EZ, Affidavit of 
Support Under Section 213A of the Act available at https://www.uscis.gov/i-864ez (last visited June 2, 2020).
    \265\ DHS notes that some low-income individuals may be 
``unbanked'' and do not have bank accounts and/or credit reports and 
credit scores. Therefore, such individuals would not be able to 
provide this information and may not incur this opportunity cost of 
time. See Federal Deposit Insurance Corporation (FDIC). ``FDIC 
National Survey of Unbanked and Underbanked Households,'' Appendix 
Tables, Table A.1 Banking Status by Household Characteristics, 2017, 
available at https://www.fdic.gov/householdsurvey/2017/2017appendix.pdf, (June 2, 2020).
---------------------------------------------------------------------------

    For the proposed rule, DHS estimates the opportunity cost of time 
for completing Form I-864EZ would be $112.65 per application based on 
the 30-minute increase in the time burden estimate.\266\ Therefore, 
using the total population estimate of 30,991 applicants would file an 
Affidavit using Form I-864EZ, DHS estimates the total opportunity cost 
of time associated with completing Form I-864EZ would be approximately 
$3,491,136 annually.\267\
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    \266\ Calculation opportunity cost of time for completing and 
submitting Form I-864EZ: ($37.55 per hour * 3.0 hours) = $112.65 per 
application.
    \267\ Calculation: (Form I-864EZ estimated opportunity cost of 
time for proposed rule) * (Estimated annual population filing Form 
I-864EZ) = $112.65 * 30,991 = $3,491,136.15 = $3,491,136 (rounded) 
proposed rule total annual estimated opportunity cost of time for 
filing Form I-864EZ.
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    The new costs imposed by this proposed rule would be the difference 
between the proposed estimated opportunity cost of time to complete 
Form I-864EZ and the current estimated opportunity cost of time to 
complete the form due to the increased time burden estimate. As a 
result, DHS estimates the proposed rule would impose additional annual 
new costs of $581,701 to Form I-864EZ filers.\268\
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    \268\ Calculation of estimated new costs for completing Form I-
864EZ: Proposed rule estimate of opportunity cost of time to 
complete Form I-864EZ ($3,491,136)-Current estimate of opportunity 
cost of time to complete Form I-864EZ ($2,909,435) = $581,701 
estimated annual new costs of the proposed rule.
---------------------------------------------------------------------------

    In addition to the opportunity cost of time associated with 
completing Form I-864EZ, filers must bear the cost of obtaining a 
credit report and credit score from any one of the three major credit 
bureaus in the United States to be submitted with the Affidavit. 
Therefore, based on the estimated average annual population of 30,991, 
DHS estimates the total annual cost associated with obtaining a credit 
report and credit score as part of the requirements for filing Form I-
864EZ would be $619,510.\269\
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    \269\ Calculation: (Estimated cost for credit score and credit 
report) * (Estimated annual population filing Form I-864EZ) = $19.99 
* 30,991 = $619,510.09 = $619,510 (rounded) annual estimated costs 
for obtaining a credit report and credit score as part of the 
requirements for filing Form I-864EZ.
---------------------------------------------------------------------------

    DHS is also proposing that those filing Form I-864EZ would be 
required to provide IRS-issued certified copies or transcripts of their 
Federal income tax returns for the 3 most recent taxable years. See 
proposed 8 CFR 213a.2(c)(2)(i)(A). The fee per copy for each return 
requested is $50. Using the estimated annual total population of 30,991 
individuals filing Form I-864EZ, DHS estimates the cost to obtain three 
tax transcripts using IRS Form 4506 in accordance with the proposed 
requirement for submitting Form I-864EZ is $4,648,650 annually.\270\
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    \270\ Calculation: (Cost per IRS-certified tax transcript) * 
(Proposed number of transcripts required [3]) * (Estimated annual 
population filing Form I-864EZ) = $50 * 3 * 30,991 = $4,648,650 
total proposed cost to obtain IRS-certified tax transcripts for 
filing Form I-864EZ.
---------------------------------------------------------------------------

    The estimated time burden associated with filing IRS Form 4506 is 
46 minutes (.77 hours) per filer, including learning about the law or 
form, preparing the form, and copying, assembling, and sending the form 
to the IRS. Therefore, using the average total rate of compensation of 
$37.55 per hour, DHS estimates the opportunity cost of time for 
completing and submitting IRS Form 4506 would be $28.91 per 
applicant.\271\ Using the total population estimate of 30,991 annual 
filings for Form I-864EZ, DHS estimates the total opportunity cost of 
time associated with completing and submitting IRS Form 4506 is 
approximately $895,950 annually.\272\
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    \271\ Calculation of opportunity cost of time to file IRS Form 
4506 for those filing Form I-864EZ: ($37.55 per hour * 0.77 hours) = 
$28.914 = $28.91 (rounded) per applicant.
    \272\ Calculation: (Estimated opportunity cost of time for IRS 
Form 4506) * (Estimated annual population filing Form I-485) = 
$28.91 * 30,991 = $895,949.81= $895,950 (rounded) annual opportunity 
cost of time for filing IRS Form 4506 for those filing Form I-864EZ.
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    In sum, DHS estimates the total proposed new cost to complete and 
file Form I-864EZ would be approximately $6,745,811 annually.\273\ The 
total proposed estimated annual new costs include those associated with 
the opportunity cost of time to complete the form, obtaining a credit 
report and credit score, obtaining IRS-issued certified copies or 
transcripts of Federal income tax returns for the 3 most recent taxable 
years using IRS Form 4506, and the opportunity cost of time to file IRS 
Form 4506 for the total population estimate of 30,991 annual filings 
for Form I-864EZ.
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    \273\ Calculation: $581,701 (Opportunity cost of time to 
complete Form I-864EZ) + $619,510 (Cost of credit report and credit 
score) + $4,648,650 (Cost to obtain Internal Revenue Service (IRS)-
issued certified copies or transcripts of Federal income tax 
returns) + $895,950 (Opportunity cost of time to file IRS Form 4506 
to obtain IRS-issued certified Federal income tax returns) = 
$6,745,811 total proposed estimated annual cost to complete and file 
Form I-864EZ.
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    Additionally, DHS is proposing to revise Sponsor's Notice of Change 
of Address (Form I-865). If the address of a sponsor or household 
member (who executed a Contract Between a Sponsor and a Household 
Member [Form I-864A]) changes while the sponsor's or household member's 
support obligation is in effect, the sponsor or household member (who 
executed a Contract) would be required to file a change of address 
notice within 30 days with USCIS.
    There is currently no fee to file Form I-865. In addition, Form I-
865 has been identified as exempt from control under the Paperwork 
Reduction Act (PRA). However, as recently as 2015, Form I-865 was an 
OMB-approved collection for which DHS estimated the time burden 
associated with filing the form was 15 minutes (0.25 hours), including 
the time for reviewing instructions, and completing and submitting the 
form.\274\ Therefore, using the average total rate of compensation of 
$37.55 per hour, DHS estimates the opportunity cost of time

[[Page 62467]]

for completing and submitting Form I-865 would be $9.39 per 
applicant.\275\
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    \274\ See Paperwork Reduction Act (PRA) Supporting Statement for 
Form I-865. The PRA Supporting Statement A can be found at Question 
12 on Reginfo.gov at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201209-1615-010 (last viewed June 2, 2020). 
DHS notes this is the supporting statement for Form I-865 prior to 
the form becoming exempt from control under the PRA. This supporting 
statement provides the best estimate of the time burden to complete 
Form I-865.
    \275\ Calculation of opportunity cost of time to file Form I-
865: ($37.55 per hour * 0.25 hours) = $9.388 = $9.39 (rounded) per 
filer.
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    As part of this proposed rulemaking, household members who execute 
a Contract would be required to submit Form I-865 in the event of a 
change of address. DHS estimated the current annual total population 
that would file Form I-865 to provide notice of a change of address is 
approximately 6,089. For the proposed rule, as previously calculated, 
DHS estimates the total annual average number of filings of Form I-865 
would be approximately 6,382 annually, an increase of 293 filings.
    Therefore, using the estimated total annual average number of Form 
I-865 filings of 6,382, DHS estimates the proposed total opportunity 
cost of time associated with completing and filing Form I-865 would be 
approximately $59,927 annually.\276\
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    \276\ Calculation: (Form I-865 estimated opportunity cost of 
time for proposed rule) * (Estimated annual population filing Form 
I-865) = $9.39 * 6,382 = $59,926.98 = $59,927 (rounded) proposed 
rule total annual estimated opportunity cost of time for filing Form 
I-865.
---------------------------------------------------------------------------

    The new costs imposed by this proposed rule would be the difference 
between the proposed estimated opportunity cost of time to complete 
Form I-865 and the current estimated opportunity cost of time to 
complete the form due to the increased population estimate. As a 
result, DHS estimates the proposed rule would impose additional annual 
new costs of approximately $2,751 for filing Form I-865.\277\
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    \277\ Calculation of estimated new costs for completing Form I-
864: Proposed rule estimate of opportunity cost of time to complete 
Form I-864 ($59,927)-Current estimate of opportunity cost of time to 
complete Form I-865 ($57,176) = $2,751 proposed estimated annual new 
costs for filing Form I-865.
---------------------------------------------------------------------------

    Moreover, this proposed rule would also impose new costs on those 
from a party or entity authorized to bring an action to enforce an 
Affidavit or Contract making a formal request using the proposed new 
Form G-1563 so that USCIS may provide a certified copy of the requested 
Affidavit or Contract that has been executed on behalf of a sponsored 
immigrant for use as evidence in any action of enforcement. With the 
creation of this proposed new form, DHS estimates the time burden 
associated with filing Form G-1563 is 50 minutes (0.83 hours) per 
filing to make a formal request for a certified copy of an Affidavit or 
Contract, including the time for reviewing instructions and completing 
and submitting the form. Using the average total rate of compensation 
of $37.55 per hour, DHS estimates the opportunity cost of time for 
completing and submitting Form G-1563 would be $31.17 per filer.\278\ 
While the process for using the proposed Form G-1563 would be new and 
historical data are not available, DHS estimates there would be 
approximately 25 formal requests to USCIS for certified copies of an 
Affidavit or Contract annually. Therefore, DHS estimates the total cost 
to file Form G-1563 would be approximately $779 annually.\279\
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    \278\ Calculation of opportunity cost of time to file Form G-
1563: ($37.55 per hour * 0.83 hours) = $31.167 = $31.17 (rounded) 
per filer.
    \279\ Calculation: $31.17 (cost per filer to file Form G-1563) * 
25 (estimated annual population who would make a formal request 
using Form G-1563) = $779.25 = $779 (rounded) annual total cost to 
file Form G-1563.
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    Since the proposed Form G-1563 would be new and historical data are 
not available, DHS welcomes public comment and data regarding the 
potential number of formal requests for certified copies of Affidavits 
or Contracts that have been executed on behalf of a sponsored immigrant 
for use as evidence in any action of enforcement.
c. Cost Savings of the Proposed Regulatory Changes
    DHS anticipates that the proposed rule would produce some cost 
savings as DHS is proposing to eliminate Form I-864W for use in filing 
an adjustment application. DHS would instead require individuals to 
provide the information previously requested on the Form I-864W when 
filing Form I-485. Applicants, therefore, would not be required to file 
Form I-864W when filing Form I-485. DHS has determined that the 
information an applicant provides on Form I-485 would be sufficient for 
an adjudications officer to be able to verify whether an immigrant is 
statutorily required to file an Affidavit. While the information 
currently collected using Form I-864W would be collected using Form I-
485 under this proposed rulemaking, DHS does not anticipate an increase 
in the fee, time burden, or other changes in the requirements for 
completing and filing Form I-485.
    Currently, there is no filing fee associated with filing Form I-
864W. However, DHS estimates the time burden associated with filing 
this form is 60 minutes (1 hour) per applicant.\280\ Using the average 
total rate of compensation of $37.55 per hour, DHS estimates the amount 
of cost savings that would accrue from eliminating Form I-864W is about 
$37.55 per applicant, which equals the opportunity cost of time for 
completing Form I-864W.\281\
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    \280\ Source for I-864W time burden estimate: Paperwork 
Reduction Act (PRA) Affidavit of Support Under Section 213A of the 
INA (Forms I-864, I-864A, I-864EZ, I-864W) (OMB control number 1615-
0075). The PRA Supporting Statement can be found at Question 12 on 
Reginfo.gov at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201705-1615-004.
    \281\ Calculation opportunity cost of time for completing and 
submitting Form I-864W: ($37.55 per hour * 1.0 hours) = $37.55.
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    For the proposed rule, DHS estimates the cost for completing Form 
I-864W is approximately $3,684,368 annually,\282\ based on the 
opportunity cost of time for the estimated annual total population of 
98,119 for individuals who would file Form I-864W.
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    \282\ Calculation: (Form I-864W estimated opportunity cost of 
time) * (Estimated annual population filing Form I-864W) = $37.55 * 
98,119 = $3,684,368.45 = $3,684,368 (rounded) total annual 
opportunity cost of time for filing Form I-864W.
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    Since immigrants filing for adjustment of status using Form I-485 
will no longer need to submit Form I-864W to request an exemption from 
filing an Affidavit, the proposed rule would produce some cost savings 
from this population. The estimated total cost savings of the proposed 
rule for immigrants filing for adjustment of status who would have 
needed to request an exemption from filing an Affidavit would be equal 
to the current estimated cost of filing Form I-864W for this 
population. Therefore, DHS estimates the total cost savings of the 
proposed rule for immigrants applying for adjustment of status who 
would have needed to request an exemption from filing an Affidavit 
would be approximately $3,684,368 annually.
d. Net Costs of the Proposed Regulatory Changes
    The primary source of quantified new costs for the proposed rule 
would be from increases in the estimated time burdens to complete Form 
I-864, I-864A, and Form I-864EZ, as well as new filing requirements 
such as providing additional tax transcripts and credit reports and 
credit scores. The proposed rule would also impose new costs on the 
population executing a Contract as household members would now be 
required to submit Form I-865 to provide notice of a change of address 
after moving. DHS estimates the total new costs of the proposed rule 
would be approximately $243,998,212 annually.
    In addition, DHS anticipates that the proposed rule would produce 
cost savings with the proposal to eliminate Form I-864W for use in 
filing an adjustment application where individuals instead would be 
required

[[Page 62468]]

to provide the information previously requested on this form when 
filing Form I-485. DHS estimates the total cost savings of the proposed 
rule would be approximately $3,684,368 annually.
    In comparing the estimated costs and costs savings of the proposed 
rule, the estimated costs are greater than the estimated cost savings. 
Therefore, the net costs of the proposed rule are positive. DHS 
estimates the net costs of the proposed rule would be approximately 
$240,313,844 annually.
e. Qualitative Impacts of the Proposed Regulatory Changes
    The proposed rule may impose some qualitative impacts and/or costs/
transfers associated with the proposed provisions that a joint sponsor 
must execute an Affidavit in cases where a sponsor has received any 
means-tested public benefits within 36 months of filing the Affidavit 
and/or has failed to meet the support or reimbursement obligations 
under an existing Affidavit or Contract. While this proposed 
requirement would better ensure that a sponsor has demonstrated the 
means to maintain income at the requisite level to support that 
intending immigrant, the indirect impact of this proposed provision 
could be a reduction in the number of immigrants granted an immigration 
benefit in cases where the intending immigrant is unable to submit a 
sufficient Affidavit. Additionally, the proposed provision could result 
in increased costs to sponsors for executing Affidavits, as those who 
agree to execute Affidavits as joint sponsors must comply with all of 
the requirements of executing Form I-864.
    Moreover, it may be possible that the proposed provision could 
result in some sponsors and joint sponsors who may intend to sponsor a 
family member in the future foregoing enrollment or disenrolling from a 
means-tested public benefits program to avoid triggering the proposed 
additional requirements. This could result in additional indirect 
impacts incurred from the change of behavior due to this proposed rule. 
The disenrollment or foregone enrollment of individuals in public 
benefits programs could reduce the transfer payments from the Federal 
and state government to sponsors who might otherwise receive public 
benefits.
    The proposed rule may also impose impacts and/or costs associated 
with the proposed provisions to update and improve how means-tested 
public benefit granting agencies obtain information from USCIS about 
sponsors and household members who have a support obligation in effect 
and how means-tested public benefit granting agencies provide 
information to USCIS. Specifically, as discussed above, the proposed 
rule seeks to eliminate the requirement in current regulations that a 
duly issued subpoena be issued in order for USCIS to provide a 
certified copy of an Affidavit to a requesting party for use in any 
action to enforce the support obligation,283 284 and instead 
allow requesting parties to submit a formal request for an Affidavit or 
a Contract to USCIS. Eliminating this requirement may allow for a less 
cumbersome process than obtaining a subpoena and it may result in an 
increased number of individuals with support obligations who are held 
accountable for the reimbursement of the cost of means-tested public 
benefits. Further, if means-tested public benefits granting agencies 
choose to pursue legal action to recover the means-tested public 
benefits a sponsored individual received, those sponsors or household 
members would incur the cost of reimbursing the means-tested public 
benefits-granting agency and would likely incur the costs of legal 
representation. DHS welcomes public comment on duly issued subpoenas 
that are issued in order for USCIS to provide a certified copy of an 
Affidavit to a requesting party for use in any action to enforce the 
support obligation. Specifically, DHS welcomes public comment on the 
number of subpoenas issued annually, the costs associated with 
obtaining a subpoena, and what costs are incurred to request and obtain 
a subpoena.
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    \283\ See 8 CFR 213a.4(a)(3). This provision indicates that upon 
the receipt of a duly issued subpoena, USCIS may provide a certified 
copy of an Affidavit that has been filed on behalf of a specific 
alien for use as evidence in any action to enforce an Affidavit, and 
may also disclose the last known address and Social Security number 
of the sponsor, substitute sponsor, or joint sponsor, but that 
regulation currently does not provide an address or office to which 
the subpoena should be sent.
    \284\ Current DHS regulations for obtaining copies of Affidavits 
are burdensome and inefficient because they require a subpoena. Laws 
governing subpoenas vary by jurisdiction, but subpoenas often need 
to be issued by a court clerk or by a licensed attorney, which 
requires additional time and resources. The requirements in the 
current regulations may have contributed to unintended difficulties 
for benefit-granting agencies and sponsored immigrants seeking to 
hold sponsors legally responsible for their obligations based on 
Affidavits. Similarly, current regulations for reporting judgments 
against sponsors and indigency determination information to USCIS 
are confusing as there are multiple addresses to send notifications 
to, some of which are no longer current.
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f. Discounted Direct Costs
    To compare costs over time, DHS applied a 3 percent and a 7 percent 
discount rate to the total estimated net costs associated with the 
proposed rule. Table 9 presents a summary of the quantified net costs 
of the proposed rule as well as the estimated total net costs in 
undiscounted dollars and total costs discounted at 3 percent and 7 
percent rates over a 10-year period.

 Table 9--Total Estimated Net Costs of the Proposed Rule With Total Estimated Net Costs Discounted at 3 Percent
                                                  and 7 Percent
----------------------------------------------------------------------------------------------------------------
                                                                            Total estimated
                                                                           annual costs and     Total estimated
               Form                   Source of costs and cost savings       cost savings     net costs over 10-
                                                                            (undiscounted)        year period
----------------------------------------------------------------------------------------------------------------
Form I-864........................  --Opportunity cost of time (OCT)            $226,621,641      $2,266,216,410
                                     associated with the increased time
                                     burden for completing form;.
                                    --Obtaining credit reports/credit
                                     scores;
                                    --Obtaining IRS-issued certified
                                     Federal income tax returns; and
                                    --OCT associated with obtaining
                                     income tax returns.
Form I-864A.......................  --OCT associated with the increased           10,628,009         106,280,090
                                     time burden for completing form;.
                                    --Obtaining credit reports/credit
                                     scores;
                                    --Obtaining IRS-issued certified
                                     Federal income tax returns; and
                                    --OCT associated with obtaining
                                     income tax returns.
Form I-864EZ......................  --OCT associated with the increased            6,745,811          67,458,110
                                     time burden for completing form;.

[[Page 62469]]

 
                                    --Obtaining credit reports/credit
                                     scores;
                                    --Obtaining IRS-issued certified
                                     Federal income tax returns; and
                                    --OCT associated with obtaining
                                     income tax returns.
Form I-864W.......................  --Cost savings for OCT associated             -3,684,368         -36,843,680
                                     with time burden for completing
                                     form that is being eliminated.
Form I-865........................  --Expanded population subject to the               2,751              27,510
                                     requirement to file Form I-865 to
                                     provide notice of change of address.
Form G-1563.......................  --OCT for filing....................                 779               7,790
                                   -----------------------------------------------------------------------------
    Total Undiscounted Net Costs..  ....................................         240,314,623       2,403,146,230
        Total Net Costs at 3        ....................................  ..................       2,049,932,479
         Percent Discount Rate.
        Total Net Costs at 7        ....................................  ..................       1,687,869,350
         Percent Discount Rate.
----------------------------------------------------------------------------------------------------------------
Source: USCIS analysis.

    Over the first 10 years of implementation, DHS estimates the 
quantified net costs of the final rule would be about $2,403,146,230 
(undiscounted). In addition, DHS estimates the 10-year discounted net 
cost of this final rule to individuals subject to this proposed rule 
would be about $2,049,932,479 at a 3 percent discount rate and about 
$1,687,869,350 at a 7 percent discount rate.
    This economic analysis presents the quantified net costs of the 
proposed rule based on the estimated populations that are subject to 
the Affidavit requirement, agree to submit a Contract, and/or must file 
a notice of a change of address. The quantified net costs of the 
proposed rule include the opportunity cost of time associated with the 
increased time burden estimate for completing Form I-864, Form I-864A, 
and Form I-864EZ; the costs to obtain credit reports and credit scores; 
the cost of obtaining IRS-issued certified copies or transcripts of 
Federal income tax returns for the 3 most recent taxable years; the 
opportunity cost of time for filing IRS Form 4506 to obtain IRS-issued 
certified Federal income tax returns; the increased population required 
to submit Form I-865 to provide notice of a change of address. The 
quantified net costs shown in the table also include the estimated cost 
savings for the opportuntity cost of time associated with filing Form 
I-864W, which would to be eliminated, as well as the estimated total 
cost for filing the proposed new Form G-1563.
g. Costs to the Federal Government
    The INA provides for the collection of fees at a level that will 
ensure recovery of the full costs of providing adjudication and 
naturalization services by DHS, including administrative costs and 
services provided without charge to certain applicants and 
petitioners.\285\ DHS notes USCIS establishes its fees by assigning 
costs to an adjudication based on its relative adjudication burden and 
use of USCIS resources. Fees are established at an amount that is 
necessary to recover these assigned costs such as clerical, officers, 
and managerial salaries and benefits, plus an amount to recover 
unassigned overhead (e.g., facility rent, IT equipment and systems 
among other expenses) and immigration benefits provided without a fee 
charge. Consequently, since USCIS immigration fees are based on 
resource expenditures related to the benefit in question, USCIS uses 
the fee associated with an information collection as a reasonable 
measure of the collection's costs to USCIS. Most of the forms affected 
by this proposed rule do not currently charge a filing fee, such as the 
Affidavit of Support forms (Form I-864, Form I-864A, and Form I-864EZ) 
as well as Sponsor's Notice of Change of Address (Form I-865). DHS 
notes the time necessary for USCIS to review the information submitted 
with each of these forms includes the time to adjudicate the underlying 
benefit request. While each of these forms does not charge a fee, the 
cost to USCIS is captured in the fee for the underlying benefit request 
form. DHS notes that the proposed rule may increase USCIS' costs 
associated with the adjudicating immigration benefit requests. Future 
adjustments to the fee schedule maybe necessary to recover these 
additional operating costs and will be determined at USCIS' next 
comprehensive biennial fee review. DHS invites public comments on the 
potential impacts of these additional operating costs.
---------------------------------------------------------------------------

    \285\ See INA section 286(m), 8 U.S.C. 1356(m).
---------------------------------------------------------------------------

    For most immigrant visa applications, Affidavits and Contracts are 
submitted to the NVC. DOS charges a $120 fee to ensure that the 
Affidavit is properly completed before it is forwarded to a consular 
post for adjudication of an immigrant visa.\286\ An applicant is 
charged only one fee in certain circumstances. For example, Affidavits 
from an individual concurrently sponsoring an immediate relative spouse 
and child would be the same in substance, and essentially duplicative 
and therefore only one fee is charged. When the Affidavits and 
Contracts are submitted directly to a consular post overseas, no fee is 
charged.
---------------------------------------------------------------------------

    \286\ The fee authority is contained in 8 U.S.C. 1183a Note, 
added by Public Law 106-113, Div. B, 1000(a)(7) [Div. A, Title II, 
sec. 232], Nov. 29, 1999, 113 Stat. 1536, 1501A-425, as amended 
Public Law 107-228, Div. A, Title II, sec. 211(b), Sept. 30, 2002, 
116 Stat. 1365.
---------------------------------------------------------------------------

    Pursuant to statute, DOS sets the fee for Affidavits and Contracts 
based on the costs to the DOS for providing these services in order to 
ensure Affidavits and Contracts are properly completed and forwarded to 
a consular post for adjudication of an immigrant visa by a

[[Page 62470]]

consular officer.\287\ DOS expects that it will incur additional costs 
to provide this service as a result of this proposed rule. While it is 
difficult at this time to quantify these increased costs, DOS 
identified several sources of possible increased costs for these 
services resulting from this proposed rule such as contract 
modifications. Many of the additional costs that DOS would incur under 
this proposed rule would ultimately be factored into the fee DOS would 
charge to those submitting an Affidavit or Contract when fees are 
revised and, if so, these costs would be borne by applicants in the 
form of higher fees.
---------------------------------------------------------------------------

    \287\ DOS determines this fee based on the costs to DOS in doing 
this review.
---------------------------------------------------------------------------

h. Benefits of Proposed Regulatory Changes
    DHS anticipates that the proposed rule would produce some 
qualitative benefits. DHS anticipates the proposed rule to produce 
benefits by strengthening the enforcement mechanism for Affidavits and 
Contracts through elimination of the subpoena requirement in 8 CFR 
213a.4, which would make it easier for means-tested public benefits 
granting agencies to recover payment for any means-tested public 
benefits that an intending immigrant receives during the period in 
which an Affidavit or a Contract is enforceable.\288\ The changes DHS 
is proposing would hold accountable sponsors and household members who 
agree to use their income and assets to support an intending immigrant 
if an intending immigrant ultimately receives means-tested public 
benefits.
---------------------------------------------------------------------------

    \288\ See 8 CFR 213a.4(a)(3). This provision indicates that upon 
the receipt of a duly issued subpoena, USCIS may provide a certified 
copy of an Affidavit that has been filed on behalf of a specific 
alien for use as evidence in any action to enforce an Affidavit, and 
may also disclose the last known address and Social Security number 
of the sponsor, substitute sponsor, or joint sponsor, but that 
regulation currently does not provide an address or office to which 
the subpoena should be sent.
---------------------------------------------------------------------------

    Additionally, the proposed rule would update the evidentiary 
requirements for sponsors submitting an Affidavit and household members 
submitting Contracts. The updated evidentiary requirements would 
provide immigration officers and immigration judges more effective ways 
to determine whether the sponsor has the means to maintain an annual 
income at or above the outlined income threshold, and whether the 
sponsor is able to provide financial support to the intending immigrant 
and meet all support obligations during the period an Affidavit is in 
effect. DHS welcomes public comment regarding reimbursement from 
sponsors as well the frequency in which sponsors have insufficient 
means to reimburse benefits-granting agencies.
    Moreover, the proposed rule would update and improve how means-
tested public benefit-granting agencies obtain immigration status 
information from USCIS about individuals who are seeking means-tested 
public benefits and how means-tested public benefit-granting agencies 
provide information to USCIS. The current regulations require a duly 
issued subpoena before USCIS is authorized to provide a certified copy 
of Form I-864 or Form I-864EZ to a requesting party for use in any 
action to enforce the sponsorship obligation.\289\ The proposed rule 
would eliminate this requirement and instead allow a requesting party 
to submit a formal request for an Affidavit or a Contract directly to 
USCIS. DHS also is proposing to revise the process for informing USCIS 
about judgments obtained against sponsors and indigency determinations 
to give USCIS flexibility to determine a more efficient mechanism for 
information reporting. The current regulations require that copies of 
judgments and indigency determinations be mailed to a specific USCIS 
office in Washington, DC.\290\ The proposed rule would remove the 
address specified in the regulation \291\ and permit USCIS to provide a 
different mechanism for submitting copies of judgments and indigency 
determinations.
---------------------------------------------------------------------------

    \289\ See 8 CFR 213a.4(a)(3).
    \290\ See 8 CFR 213a.4(c).
    \291\ See 8 CFR 213a.4(c)(3).
---------------------------------------------------------------------------

i. Regulatory Alternatives
    DHS considered various regulatory alternatives to a number of the 
provisions of the proposed rule. First, DHS considered permanently 
barring an individual who had ever received means-tested public 
benefits from executing an Affidavit. However, DHS concluded such a 
policy would unreasonably restrict an individual from petitioning for 
eligible family members as is permitted by section 204 of the Act, 8 
U.S.C. 1154. DHS welcomes public comments or data on individuals 
executing an Affidavit or a Contract who have received means-tested 
public benefits. DHS welcomes public comments or references to studies 
on the correlation between sponsors' receipt of means-tested public 
benefits in the past and their failure to reimburse agencies for 
benefits received by immigrants they sponsor.
    A study conducted by the U.S. Census Bureau examined participation 
in government assistance programs from 2009 to 2012.\292\ According to 
the study, the average monthly participation rate in one or more major 
means-tested assistance programs over this period was approximately 
52.2 million people in 2012, which was about 21.3 percent of the U.S. 
population. In the context of the proposed rule, if we applied this 
percentage to the estimated total population of 1,072,068 executing an 
Affidavit using Form I-864 and Form I-864EZ, approximately 228,350 
fewer individuals annually could execute an Affidavit and serve as 
sponsors to intending immigrants.\293\
---------------------------------------------------------------------------

    \292\ See U.S. Census Bureau, Dynamics of Economic Well-Being: 
Participation in Government Programs, 2009-2012: Who Gets 
Assistance? (May 2015), available at https://www.census.gov/content/dam/Census/library/publications/2015/demo/p70-141.pdf (last visited 
June 2, 2020).
    \293\ Calculation: (Estimated total population executing an 
Affidavit using Forms I-864 or I-864EZ) * (Average monthly 
participation rate in one or more major means-tested assistance 
programs) = 1,072,068 * 21.3 percent = 228,350.484 = 228,350 
(rounded) fewer individuals annually could execute an Affidavit and 
serve as sponsors to intending immigrants.
---------------------------------------------------------------------------

    DHS requests public comments on the economic effect of the proposed 
requirement for a joint sponsor when the petitioning sponsor or 
substitute sponsor has received any means-tested public benefits within 
36 months of executing an Affidavit. DHS is particularly interested in 
views and data that would inform us about the economic effect that DHS 
should consider concerning the receipt of means-tested public benefits 
by petitioning sponsors and substitute sponsors.
    Another regulatory alternative DHS considered was to permanently 
bar an individual who had previously defaulted on a support obligation 
from executing an Affidavit. However, because section 213A(f)(1)(D) of 
the Act, 8 U.S.C. 1183a(f)(1)(D), requires that the petitioner for 
family-based immigrants execute an Affidavit, DHS concluded that such a 
policy would unreasonably restrict an individual from petitioning for 
eligible family members as permitted by section 204 of the Act, 8 
U.S.C. 1154. Instead, DHS is proposing to require a joint sponsor 
execute an Affidavit in this circumstance.
    DHS requests public comments on the economic effect of the proposed 
requirement for a joint sponsor if the petitioning sponsor or 
substitute sponsor has previously defaulted on any support obligation. 
DHS is particularly interested in views and data that would inform us 
about the economic effect that

[[Page 62471]]

DHS should consider regarding previous defaults on support obligations 
by a petitioning sponsor or substitute sponsor.
    DHS also considered eliminating the Contract entirely, and consider 
only the sponsor's income and assets for the purposes of the Affidavit, 
which would prevent any individual who is unable to meet the applicable 
income threshold based solely on his or her own income and assets from 
undertaking a support obligation without a joint sponsor agreeing to be 
jointly and severally liable for the sponsored immigrant. This 
alternative is consistent with section 213A(f)(6)(A) of the Act, 8 
U.S.C. 1183a(f)(6)(A), which references only the income and assets of 
intending immigrants and sponsors. Additionally, it is consistent with 
one of the aims of this rule--better ensuring that sponsors can meet 
their support obligations, insofar as the household member is not 
required to demonstrate the means to maintain income at the applicable 
income threshold or that the income is actually available to the 
sponsor to use to support the intending immigrant. In cases in which 
the household member does not have income over the income threshold, it 
is possible that neither the sponsor nor the household member can meet 
the support obligations alone, even though agreeing to be jointly and 
severally liable.
    However, DHS did not want preclude the immigration of an intending 
immigrant's minor children because the petitioning sponsor could not 
use the income and assets of the intending immigrant parent. 
Furthermore, DHS recognizes that dual income households are a common 
and accepted way for households to meet their needs. Accordingly, DHS 
decided to retain the option of the Contract, but limit the individuals 
who are eligible to execute it.
    In the context of the proposed rule, the estimated annual total 
population of household members who execute a Contract by filing Form 
I-864A is approximately 48,824. Therefore, the regulatory alternative 
to eliminate the Contract altogether could prevent as many as 
approximately 48,824 immigrants annually from being able to obtain 
sponsorship through executed Affidavits in need of support of household 
members by executing a Contract.
    Currently, any household member who meets the criteria set forth in 
the current household income definition may execute a Contract. Under 
the proposed definition, household income would only include all income 
of the sponsor and the sponsor's spouse (if the sponsor's spouse 
executes a Form I-864A) obtained from employment in a lawful enterprise 
or some other lawful source. See proposed 8 CFR 213a.1(f). DHS believes 
that limiting household income to the income of the sponsor, the 
sponsor's spouse, and, in certain circumstances, the intending 
immigrant, more accurately reflects income that will be available to 
the sponsor to support the intending immigrant under the support 
obligation. Moreover, DHS believes there is a greater likelihood that 
the income of the sponsor's spouse (compared to other household 
members) would actually be available to the sponsor to support the 
intending immigrant because spouses often share financial resources 
with each other. DHS further believes that there is a greater 
likelihood that the income of an intending immigrant would actually be 
available to the sponsor if the intending immigrant is accompanied by 
his or her spouse or children because the intending immigrant has a 
vested interest in his or her own family's success and well-being in 
the United States.
    DHS requests public comments on the economic effect of the proposed 
changes to the household income definition, including the proposed 
limitation on who may execute a Contract. DHS is particularly 
interested in views and data that would inform us about the economic 
effect that DHS should consider regarding the definition of household 
income and the availability of household income to a sponsor to support 
an intending immigrant.
    Finally, DHS considered maintaining in the regulation the 
requirement that USCIS will provide a certified copy of an Affidavit 
only after USCIS receives a duly issued subpoena.\294\ By maintaining 
this provision, a requesting party would be required to continue 
navigating a burdensome and costlier process for obtaining a subpoena 
just to receive a copy of an Affidavit. Additionally, the existing 
requirement may discourage benefit-granting agencies and sponsored 
immigrants from enforcing the support obligations and/or seeking 
reimbursement from those who have received public benefits and were not 
eligible to receive them.
---------------------------------------------------------------------------

    \294\ See 8 CFR 213a.4(a)(3).
---------------------------------------------------------------------------

    Consistent with Congressional intent that sponsors fulfill their 
support obligations during the period of enforceability, DHS is 
proposing to eliminate the subpoena requirement in order to facilitate 
the initiation of repayment or reimbursement actions. This proposed 
change is also consistent with the Presidential Memorandum's directive 
to establish procedures for data sharing, which will better ensure that 
existing immigration laws are enforced and that sponsors fulfill their 
support obligations during the period of enforceability. As a result of 
eliminating this requirement, it would be less costly, less burdensome, 
and more efficient to instead allow requesting parties to submit a 
formal request for an Affidavit or a Contract to USCIS.
6. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs
    This proposed rule is expected to be an E.O. 13771 regulatory 
action. Details on the estimated costs of this proposed rule can be 
found in the rule's economic analysis.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, Public Law 104-121 (March 29, 1996), requires Federal agencies to 
consider the potential impact of regulations on small businesses, small 
governmental jurisdictions, and small organizations during the 
development of their rules. The term ``small entities'' comprises small 
businesses, not-for-profit organizations that are independently owned 
and operated and are not dominant in their fields, or governmental 
jurisdictions with populations of less than 50,000.\295\
---------------------------------------------------------------------------

    \295\ A small business is defined as any independently owned and 
operated business not dominant in its field that qualifies as a 
small business per the Small Business Act, 15 U.S.C. 632.
---------------------------------------------------------------------------

    This proposed rule seeks to amend its regulations related to the 
Affidavit. The proposed rule changes certain requirements for the 
Affidavit and is intended to better ensure that all sponsors, as well 
as household members who execute a Contract, have the means to maintain 
income at the applicable income threshold and are capable of meeting 
their support obligations under section 213A of the Act, 8 U.S.C. 
1183a, during the period in which the Affidavit is enforceable. This 
rule is also aimed at strengthening the enforcement mechanism for the 
Affidavit and Contract, which would allow means-tested public benefits 
granting agencies to recover payment for any means-tested public 
benefits that an intending immigrant receives during the period in 
which the Affidavit or Contract is enforceable.
    This proposed rule would make changes to the process of filing an 
Affidavit or Contract and the requirements sponsors and household

[[Page 62472]]

members must fulfill, including updating the evidentiary requirements 
for sponsors and household members submitting an Affidavit or Contract, 
specifying that a sponsor's prior receipt of means-tested public 
benefits and a sponsor's failure to meet support obligations on another 
executed Affidavit or Contract can impact the determination as to 
whether the sponsor has the means to maintain the required income 
threshold to support the intending immigrant, who would be considered 
as a household member for purposes of submitting and executing a 
Contract, updating and improving how means-tested public benefit-
granting agencies obtain from and provide information to USCIS, and 
clarifying which categories of aliens are exempt from the Affidavit 
requirement.
    Of the categories of immigrants where a sponsor is required to 
submit Form I-864 for an immigrant, there may be employment-based 
immigrants in cases where a U.S. citizen, lawful permanent resident, or 
U.S. national relative filed the employment-based immigrant visa 
petition or such relative has a significant ownership interest (five 
percent or more) in the entity that filed the petition.\296\ In such 
employment-based immigrant cases, the relative and not the entity is 
the sponsor (or a sponsor if the relative needs a joint sponsor), and 
submits a Form I-864. The entities are an avenue for such immigrants to 
enter into the country, however, the entities themselves are not the 
sponsors of such intending immigrants. The relative in these 
circumstances is the sponsor (or a sponsor if the relative needs a 
joint sponsor), and must meet the financial obligations of Form I-864. 
In such a scenario where a U.S. citizen, U.S. national, or lawful 
permanent resident employer who owns a small entity that has a 
legitimate business need for an alien worker and petitions for an 
immigrant relative to obtain an employment-based immigrant visa would 
also need to agree to be that immigrant's sponsor by submitting an 
Affidavit using Form I-864. Similarly, where a small business entity 
that has a legitimate business need for an alien worker files an 
employment-based immigrant petition for an alien who is a relative of a 
U.S. citizen, U.S. national, or lawful permanent relative who owns five 
percent or more of that small business entity, the U.S. citizen, U.S. 
national, or lawful permanent relative of the alien would also need to 
agree to be that immigrant's sponsor by submitting an Affidavit using 
Form I-864. Therefore, this proposed rule regulates individuals and 
individuals are not defined as a ``small entity'' by the RFA. Based on 
the evidence presented in this RFA and throughout this preamble, DHS 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities.
---------------------------------------------------------------------------

    \296\ The other categories include: (1) All immediate relatives 
of U.S. citizens (spouses, unmarried children under 21 years of age, 
and parents of U.S. citizens 21 years of age and older); and (2) All 
family-based preference immigrants (unmarried sons and daughters of 
U.S. citizens, spouses and unmarried sons and daughters of lawful 
permanent residents, married sons and daughters of U.S. citizens, 
and brothers and sisters of U.S. citizens 21 years of age and 
older).
---------------------------------------------------------------------------

C. Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed rule is a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This proposed rule 
likely would result in an annual effect on the economy of $100 million 
or more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

D. Congressional Review Act

    This proposed rule is a major rule as defined by 5 U.S.C. 804, also 
known as the ``Congressional Review Act,'' as enacted in section 251 of 
the Small Business Regulatory Enforcement Fairness Act of 1996, Public 
Law 104-121, 110 Stat. 847, 868 et seq. Accordingly, this rule, if 
enacted as a final rule, would be effective at least 60 days after the 
date on which Congress receives a report submitted by DHS under the 
Congressional Review Act, or 60 days after the final rule's 
publication, whichever is later.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (UMRA) is intended, among 
other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of UMRA 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may directly result in a $100 million or more expenditure 
(adjusted annually for inflation) in any one year by State, local, and 
tribal governments, in the aggregate, or by the private sector. The 
inflation-adjusted value of $100 million in 1995 is approximately $168 
million in 2019 based on the Consumer Price Index for All Urban 
Consumers.\297\
---------------------------------------------------------------------------

    \297\ See U.S. Bureau of Labor Statistics, Historical Consumer 
Price Index for All Urban Consumers (CPI-U): U.S. City Average, All 
Items, available at https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202003.pdf (last visited June 2, 2020).
    Calculation of inflation: (1) Calculate the average monthly CPI-
U for the reference year (1995) and the current year (2019); (2) 
Subtract reference year CPI-U from current year CPI-U; (3) Divide 
the difference of the reference year CPI-U and current year CPI-U by 
the reference year CPI-U; (4) Multiply by 100 = [(Average monthly 
CPI-U for 2019--Average monthly CPI-U for 1995)/(Average monthly 
CPI-U for 1995)] * 100 = [(255.657-1 52.383)/152.383] * 100 = 
(103.274/152.383) *100 = 0.6777 * 100 = 67.77 percent = 68 percent 
(rounded)
    Calculation of inflation-adjusted value: $100 million in 1995 
dollars * 1.68 = $168 million in 2019 dollars.
---------------------------------------------------------------------------

    This proposed rule does not contain such a mandate. The 
requirements of Title II of UMRA, therefore, do not apply, and DHS has 
not prepared a statement under UMRA.

F. Executive Order 13132: Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. DHS does not expect this proposed rule would 
impose substantial direct compliance costs on State and local 
governments, or preempt State law. Therefore, in accordance with 
section 6 of Executive Order 13132, it is determined this rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

G. Executive Order 12988: Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

H. Paperwork Reduction Act

USCIS Form I-864
    Under the Paperwork Reduction Act of 1995, Public Law 104-13, all 
agencies are required to submit to OMB, for review and approval, any 
reporting requirements inherent in a rule. DHS and USCIS invite 
comments on the impact to the proposed collection of information. In 
accordance with the PRA, the information collection notice is published 
in the Federal Register to obtain comments regarding the proposed edits 
to the information collection instrument.
    Comments are encouraged and will be accepted until December 1, 
2020. All submissions received must include the agency name and OMB 
Control Number

[[Page 62473]]

1615-0075 in the body of the submission. Comments on this information 
collection should address one or more of the following four points:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Overview of information collection:
    (1) Type of Information Collection: Revision of a Currently 
Approved Collection
    (2) Title of the Form/Collection:
     Affidavit of Support Under Section 213A of the INA, Form 
I-864
     Affidavit of Support Under Section 213A of the INA, Form 
I-864EZ
     Contract Between Sponsor and Household Member, Form I-864A
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-864, Form I-864EZ, and Form I-
864A; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract:
     Form I-864: Primary: Individuals: This form was developed 
for sponsors to submit for intending immigrants who are required to 
submit Form I-864 with their application for adjustment of status or an 
immigrant visa. Supporting documentation demonstrating sponsor 
eligibility must be submitted with the form. The form instructions list 
the relevant documentation. USCIS is revising this form and 
accompanying instructions to correspond with revisions related to 
information about a sponsor's receipt of means-tested public benefits, 
default on prior Affidavits of Support Under Section 213A of the INA or 
Contracts Between Sponsor and Household Member, requiring 3 years of 
tax returns, requiring credit reports and credit scores, and changes to 
household members.
     Form I-864EZ: Primary: Individuals: This form was 
developed for sponsors to submit for intending immigrants who are 
required to submit Form I-864 with their application for adjustment of 
status or an immigrant visa. A sponsor may use Form I-864EZ only if the 
sponsor is (1) sponsoring only one intending immigrant, and (2) relying 
solely on income to demonstrate their ability to maintain the necessary 
level of income. Supporting documentation demonstrating sponsor 
eligibility must be submitted with the form. The form instructions list 
the relevant documentation. USCIS is revising this form and 
accompanying instructions to correspond with revisions related to 
information about a sponsor's receipt of means-tested public benefits, 
default on prior Affidavits of Support Under Section 213A of the INA or 
Contracts Between Sponsor and Household Member, requiring 3 years of 
tax returns, requiring credit reports and credit scores, and changes to 
who can file the form.
     Form I-864A: Primary: Individuals: Form I-864A was 
developed for household members who have agreed to use their income and 
assets to help a sponsor support an intending immigrant. Supporting 
documentation demonstrating financial ability must be submitted with 
the form. The form instructions list the relevant documentation. USCIS 
is revising this form and accompanying instructions to correspond with 
revisions related to which individuals can be household members for 
Affidavit of Support Under Section 213A of the INA purposes, and 
requiring 3 years of tax returns.
     Form I-864W: USCIS is proposing to eliminate the Form I-
864W instrument. The information from this form will instead be 
collected on Form I-485.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The Paperwork 
Reduction Act requires an agency to provide an estimated number of 
likely respondents for each collection of information. USCIS relies on 
a combination of information obtained from databases, subject matter 
experts, and projected intakes from other collections of information, 
which may have a relationship to the form for which an estimate is 
provided. The agency uses this information and/or may use other data 
that might not be found in an official database to guide decision-
making on an estimated number of respondents. Since the estimates for 
purposes of PRA submissions may be made while official projections are 
still in progress, it should be understood that these estimates are 
subject to being updated as more data become available.
    The estimated total number of respondents for the information 
collection Form I-864 is 446,313 and the estimated hour burden per 
response is 6.5 hours. The estimated total number of respondents for 
the information collection Form I-864A is 42,892 and the estimated hour 
burden per response is 2.25 hours. The estimated total number of 
respondents for the information collection Form I-864EZ is 114,860 and 
the estimated hour burden per response is 3 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection of information is 3,342,122 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $147,995,925.00.
USCIS Form I-485
    Under the Paperwork Reduction Act of 1995, Public Law 104-13, all 
agencies are required to submit to OMB, for review and approval, any 
reporting requirements inherent in a rule. DHS and USCIS invite 
comments on the impact to the proposed collection of information. In 
accordance with the PRA, the information collection notice is published 
in the Federal Register to obtain comments regarding the proposed edits 
to the information collection instrument.
    Comments are encouraged and will be accepted until December 1, 
2020. All submissions received must include the agency name and OMB 
Control Number 1615-0023 in the body of the submission. Comments on 
this information collection should address one or more of the following 
four points:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology,

[[Page 62474]]

e.g., permitting electronic submission of responses.
    Overview of information collection:
    (1) Type of Information Collection: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Application to Register Permanent 
Residence or Adjust Status.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-485; Form I-485A; Form I-485J; 
USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. The 
information on Form I-485 is used to request and determine eligibility 
for adjustment of permanent residence status or an immigrant visa. 
Supplement A is used to adjust status under section 245(i) of the 
Immigration and Nationality Act (Act).
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection I-485 is 
382,264 and the estimated hour burden per response is 6.42 hours. The 
estimated total number of respondents for the information collection I-
485, Supplement A is 36,000 and the estimated hour burden per response 
is 1.25 hour. The estimated total number of respondents for the 
information collection I-485, Supplement J is 28,309 and the estimated 
hour burden per response is 1 hour. The estimated total number of 
respondents for the information collection of Biometrics is 305,811 and 
the estimated hour burden per response is 1.17 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 2,885,243 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $131,116,552.
USCIS Form G-1563
    Under the Paperwork Reduction Act of 1995, Public Law 104-13, all 
agencies are required to submit to OMB, for review and approval, any 
reporting requirements inherent in a rule. DHS and USCIS invite 
comments on the impact to the proposed collection of information. In 
accordance with the PRA, the information collection notice is published 
in the Federal Register to obtain comments regarding the proposed edits 
to the information collection instrument.
    Comments are encouraged and will be accepted until December 1, 
2020. All submissions received must include the agency name and OMB 
Control Number 1615-NEW in the body of the submission. Comments on this 
information collection should address one or more of the following four 
points:
    (1) Evaluate whether the collection of information is necessary for 
the proper
    performance of the functions of the agency, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Overview of information collection:
    (1) Type of Information Collection: Request for New Information 
Collection.
    (2) Title of the Form/Collection: Request for Certified Copy of 
Affidavit of Support Under Section 213A of the INA or Contract Between 
Sponsor and Household Member.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: G-1563; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or entities. Individuals 
and entities who are authorized to receive a certified copy of an 
Afidavit or Contract, such as when the certified copy is for use in any 
action to enforce an Affidait or Contract against a sponsor or against 
a household member who executed a Contract, will complete G-1563 to 
request a certified copy of an Affidavit or Contract pertaining to a 
specific alien. USCIS will use the information collected on the form to 
determine if the requestor is authorized to receive a certified copy of 
an Affidavit or Contract executed on behalf of a specific alien. See 
Proposed 8 CFR 213a.4(a)(3). This information collection will replace 
the requirement for a duly issued subpoena that is currently in the 
regulations, which will enable USCIS to more accurately and efficiently 
respond to requests for certified copies of Affidavits and Contracts, 
and will facilitate the enforcement of the support obligations and/or 
seeking reimbursement.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection G-1563 is 25 
and the estimated hour burden per response is 0.833 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 21 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $1,250.

I. Family Assessment

    DHS has reviewed this proposed rule in line with the requirements 
of section 654 of the Treasury General Appropriations Act, 1999, Public 
Law 105-277. With respect to the criteria specified in section 
654(c)(1), DHS has determined that the proposed rule may decrease 
disposable income and increase the poverty of certain families and 
children, including U.S. citizen children. For the reasons stated 
elsewhere in this preamble, however, DHS has determined that the 
benefits of the action justify the financial impact on the family. 
Further, the proposed action modifies the sponsorship requirement of 
demonstration of means to maintain income. As a result, the proposed 
regulatory action, if finalized, may increase the number of aliens 
found inadmissible under section 212(a)(4) of the Act, 8 U.S.C. 
1182(a)(4).

J. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

K. National Environmental Policy Act (NEPA)

    DHS assesses proposed actions to determine whether NEPA applies and 
the appropriate level of NEPA review. DHS Directive 023-01, Rev. 01 and 
DHS Instruction Manual 023-01-001-01, Rev. 01, Implementation of the 
National

[[Page 62475]]

Environmental Policy Act, establish the procedures DHS and its 
components use to comply with NEPA and the Council on Environmental 
Quality (CEQ) regulations for implementing NEPA, codified in 40 CFR 
parts 1500 through 1508. The CEQ regulations allow Federal agencies to 
establish, with CEQ review and concurrence, categories of actions 
(``categorical exclusions'') which experience has shown do not 
individually or cumulatively have a significant effect on the human 
environment and, therefore, do not require an Environmental Assessment 
or Environmental Impact Statement. 40 CFR 1507.3(b)(2)(ii)and 1508.4. 
DHS has established categorical exclusions in Appendix A of the 
Instruction Manual.
    Under DHS NEPA implementing procedures, for an action to be 
categorically excluded, it must satisfy each of the following three 
conditions: (1) The entire action clearly fits within one or more of 
the categorical exclusions; (2) the action is not a piece of a larger 
action; and (3) no extraordinary circumstances exist that create the 
potential for a significant environmental impact. Instruction Manual, 
section V.B(2)(a-c).
    This action is the promulgation of proposed amendments to the 
existing Affidavits of Support on Behalf of Immigrants regulations 
codified in 8 CFR part 213a. Under section 213A of the Immigration and 
Nationality Act (INA), 8 U.S.C. 1183a, certain immigrants are required 
to submit an Affidavit of Support Under Section 213A of the INA 
(Affidavit) executed by a sponsor who promises to provide financial 
support for the sponsored immigrant and accepts liability for 
reimbursing the costs of any means-tested public benefits a sponsored 
immigrant receives while the Affidavit is in effect. The proposed 
amendments change certain requirements for the Affidavit and are 
intended to better ensure that all sponsors, as well as household 
members who execute a Contract Between Sponsor and Household Member 
(Contract), have the means to maintain income at the applicable 
threshold and are capable of meeting their support obligations as 
required under section 213A of the Act, 8 U.S.C. 1183a. The amendments 
would make changes to the following: When an applicant is required to 
submit an Affidavit from a joint sponsor; who may be a household member 
for purposes of executing a Contract; the evidentiary requirements for 
sponsors completing an Affidavit and household members completing a 
Contract; and who is considered as part of a sponsor's household size. 
The amendments would also update procedural requirements for reporting 
and information sharing between authorized parties and USCIS.
    In general, the proposed amendments would require a more in-depth 
administrative evaluation of the evidence submitted as part of the 
applicant's immigration benefit application by an officer when 
determining whether an Affidavit would be accepted as sufficient, and 
could result in more adjudicative findings of ineligibility for 
adjustment of status, due to inadmissibility based on the public charge 
ground. There is a high demand for immigrant visas. Even if a greater 
number of aliens were found to be inadmissible on the public charge 
ground, there may be some replacement effect from others who would, in 
turn, be considered for the existing visas. DHS cannot estimate with 
any degree of certainty the extent to which increased findings of 
inadmissibility on the public charge ground would result in fewer 
individuals being admitted to the United States. DHS does not 
anticipate that the revised administrative evaluation of Affidavits 
would result in an increase in the number of individuals found to be 
eligible for adjustment of status. Therefore, DHS foresees no change in 
any environmental effect of the existing 8 CFR part 213a regulations.
    DHS has determined that this action clearly falls within 
categorical exclusions A3(a) because the proposed amended regulations 
are strictly administrative or procedural in nature and A3(d) because 
the proposed amendments will not change any environmental effect of the 
existing 8 CFR part 213a regulations. Furthermore, the proposed 
amendments are not part of a larger action and do not present 
extraordinary circumstances creating the potential for significant 
environmental impacts. Therefore, this action is categorically excluded 
from further NEPA review.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specifications of 
materials, performance, design, or operation; test methods; sampling 
procedures; and related management systems practices) that are 
developed or adopted by voluntary consensus standard bodies. This 
proposed rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Signature

    The Acting Secretary of Homeland Security, Chad F. Wolf, having 
reviewed and approved this document, is delegating the authority to 
electronically sign this document to Chad R. Mizelle, who is the Senior 
Official Performing the Duties of the General Counsel for DHS, for 
purposes of publication in the Federal Register.

List of Subjects in 8 CFR Part 213a

    Administrative practice and procedure, Immigration, Reporting and 
recordkeeping requirements.

Proposed Regulatory Amendments

    Accordingly, DHS proposes to amend part 213a of chapter I of title 
8 of the Code of Federal Regulations as follows:

PART 213a--AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS

0
1. The authority citation for part 213a continues to read as follows:

    Authority:  8 U.S.C. 1183a; 8 CFR part 2.

0
2. Section 213a.1 is amended by:
0
a. Designating the definitions as paragraphs (a) through (o);
0
b. Redesignating newly designated paragraphs (a), (b), (c), (d), (e), 
(f), (g), (h), (i), (j), (k), (l), (m), (n), and (o) as paragraphs (c), 
(e), (f), (g), (h), (i), (j), (k), (l), (n), (o), (p), (q), (r), and 
(s), respectively;
0
c. Adding new paragraphs (a) and (b);
0
d. Revising newly redesignated paragraph (c);
0
e. Adding a new paragraph (d);
0
f. Revising newly redesignated paragraphs (e) through (i) and (k);
0
g. Adding a new paragraph (m);
0
h. Revising newly redesignated paragraph (q); and
0
i. Adding paragraph (t).
    The additions and revisions read as follows:


Sec.  213a.1  Definitions.

* * * * *
    (a) Active duty means:
    (1) Full-time duty in the U.S. Armed Forces, other than active duty 
for training;
    (2) Full-time duty (other than for training purposes) as a 
commissioned officer of the Regular or Reserve Corps of the Public 
Health Service;
    (3) Full-time duty as a commissioned officer of the National 
Oceanic and Atmospheric Administration; and
    (4) Full-time duty as a cadet or midshipman at the United States

[[Page 62476]]

Military Academy, United States Naval Academy, United States Air Force 
Academy, or the United States Coast Guard Academy.
    (b) Active duty for training means:
    (1) Full-time duty in the U.S. Armed Forces performed by Reserves 
for training purposes;
    (2) Full-time duty for training purposes performed as a 
commissioned officer of the Reserve Corps of the Public Health Service;
    (3) Full-time duty as a member, cadet, or midshipman of the Reserve 
Officers Training Corps while attending field training or practice 
cruises; and
    (4) In the case of members of the National Guard or Air National 
Guard of any State, full-time duty under sections 316, 502, 503, 504, 
or 505 of title 32, United States Code. The term ``active duty for 
training'' does not include duty performed as a temporary member of the 
Coast Guard Reserve.
    (c) Domicile means the place where a sponsor has his or her 
principal residence, as defined in section 101(a)(33) of the Act, with 
the intention to maintain that residence for the foreseeable future.
    (d) Execute, for the purpose of this part, means signing and 
submitting an Affidavit of Support Under Section 213A of the INA or a 
Contract Between a Sponsor and Household Member on the appropriate 
forms in accordance with the form instructions to USCIS or the 
Department of State, as appropriate.
    (e) Federal poverty line means the level of income in the Federal 
Poverty Guidelines, as issued by the Secretary of Health and Human 
Services in accordance with 42 U.S.C. 9902, that is applicable based on 
the household size involved. For purposes of considering the Affidavit 
of Support Under Section 213A of the INA, DHS and Consular Posts will 
use the most recent poverty guidelines published in the Federal 
Register by the U.S. Department of Health and Human Services. These 
guidelines are updated annually, and DHS and Consular Posts will begin 
to use updated guidelines on the first day of the second month after 
the date the guidelines are published in the Federal Register.
    (f) Household income means the income used to determine whether the 
sponsor meets the minimum income requirements under sections 
213A(f)(1)(E), 213A(f)(3), or 213A(f)(5) of the Act.
    (1) Household income includes all income, obtained from employment 
in a lawful enterprise or some other lawful source, of the sponsor and 
the sponsor's spouse, if the spouse is at least 18 years old and has 
executed a Contract Between Sponsor and Household Member.
    (2) Household income does not include the income of an intending 
immigrant unless:
    (i) The intending immigrant is either the sponsor's spouse or has 
the same principal residence as the sponsor; and
    (ii) The preponderance of the evidence shows that the intending 
immigrant's income results from employment in a lawful enterprise or 
some other lawful source and such employment is authorized pursuant to 
8 CFR 274a.12 and will continue to be available to the intending 
immigrant after acquiring lawful permanent resident status.
    (iii) The prospect of employment in the United States that has not 
yet actually begun will not be sufficient to meet the requirement of 
this paragraph (f)(2).
    (3) Household income also does not include any income accrued or 
earned from unlawful enterprises or unlawful activities, such as 
proceeds from illegal gambling or drug sales, or from means-tested 
public benefits, as defined in paragraph (l) of this section.
    (g) Household size means the number obtained by adding the number 
of individuals specified in this paragraph (g). In calculating the 
sponsor's household size, each individual is only counted once. If the 
intending immigrant's spouse or child is a U.S. citizen or already 
holds the status of an alien lawfully admitted for permanent residence, 
then the sponsor should not include that spouse or child in determining 
the total household size, unless the intending immigrant's spouse or 
child is a dependent of the sponsor, or is otherwise part of the 
sponsor's household size as outlined in this section.
    (1) In all cases, the household size includes:
    (i) The sponsor;
    (ii) The sponsor's spouse;
    (iii) All of the sponsor's children, as defined in section 
101(b)(1) of the Act (other than a stepchild who meets the requirements 
of section 101(b)(1)(B) of the Act, if the stepchild does not reside 
with the sponsor, is not claimed by the sponsor as a dependent for tax 
purposes, and is not seeking to immigrate based on the stepparent/
stepchild relationship), unless these children have reached the age of 
majority under the law of the place of domicile and the sponsor did not 
claim them as dependents on the sponsor's Federal income tax return for 
the most recent tax year;
    (iv) Any other individuals (whether related to the sponsor or not) 
whom the sponsor has claimed as dependents on the sponsor's Federal 
income tax return for the most recent tax year, even if such 
individuals do not have the same principal residence as the sponsor, 
plus the number of aliens the sponsor has sponsored under any other 
Affidavit of Support Under Section 213A of the INA for whom the 
sponsor's support obligation has not terminated (including any aliens 
for whom the sponsor has executed an Affidavit of Support Under Section 
213A of the INA that has not yet become effective in accordance with 
Sec.  213a.2(e)(1), unless the sponsor has either timely withdrawn the 
Affidavit of Support Under Section 213A of the INA or the adjustment of 
status application or immigrant visa application associated with that 
Affidavit of Support Under Section 213A of the INA has been denied and 
any appeal exhausted or waived); and
    (v) All aliens to be sponsored under the current Affidavit of 
Support Under Section 213A of the INA, even if such aliens do not or 
will not have the same principal residence as the sponsor, plus the 
number of aliens for whom the sponsor executed a Contract Between 
Sponsor and Household Member for whom the support obligation has not 
terminated (including any aliens for whom the sponsor has executed a 
Contract Between Sponsor and Household Member that has not yet become 
effective in accordance with Sec.  213a.2(e)(1), unless that Contract 
Between Sponsor and Household Member has been timely withdrawn or the 
adjustment of status application or immigrant visa application 
associated with that Contract Between Sponsor and Household Member has 
been denied and any appeal exhausted or waived).
    (2) If a child, as defined in section 101(b)(1) of the Act, or 
spouse of the principal intending immigrant is an alien who does not 
currently reside in the United States and who either is not seeking to 
immigrate at the same time as, or will not seek to immigrate within six 
months of the principal intending immigrant's immigration, the sponsor 
may exclude that child or spouse in calculating the sponsor's household 
size.
    (h) Immigration officer, solely for purposes of this part, includes 
a consular officer, as defined by section 101(a)(9) of the Act, as well 
as an immigration officer, as defined in 8 CFR 1.2.
    (i) Income means an individual's total income (adjusted gross 
income for those who file an Income Tax Return for Single Filers With 
No Dependents) for purposes of the individual's U.S. Federal income tax 
liability, including a

[[Page 62477]]

joint income tax return, excluding any income earned or derived from 
unlawful enterprises or unlawful activities, such as proceeds from 
illegal gambling or drug sales, or from means-tested public benefits, 
as defined in paragraph (l) of this section. Only an individual's 
Federal income tax return--that is, neither a state or territorial 
income tax return nor an income tax return filed with a foreign 
government--can be filed with an Affidavit of Support Under Section 
213A of the INA, or with the Contract Between Sponsor and Household 
Member, unless the individual had no duty to file a Federal income tax 
return, and claims his or her state, territorial, or foreign taxable 
income is sufficient to establish the sufficiency of the Affidavit of 
Support Under Section 213A of the INA or Contract Between Sponsor and 
Household Member.
* * * * *
    (k) Joint sponsor refers to any individual who meets the 
requirements of section 213A(f)(1)(A), (B), (C), and (E) of the Act and 
8 CFR 213a.2(c)(1)(i), and who, as permitted by section 213A(f)(5)(A) 
of the Act, executes an Affidavit of Support Under Section 213A of the 
INA in which he or she accepts joint and several liability with the 
petitioning sponsor or substitute sponsor, in any case in which the 
petitioning sponsor's or substitute sponsor's household income is not 
sufficient to satisfy the requirements of section 213A of the Act.
* * * * *
    (m) Petitioning sponsor refers to any individual who meets all the 
requirements of section 213A(f)(1)(A) through (E) of the Act; meets the 
requirements of section 213A(f)(1)(A), (B), (C), and (D) and (f)(2) of 
the Act; meets the requirements of section 213A(f)(1)(A), (B), (C), and 
(D) and (f)(3) of the Act; meets the requirements of section 
213A(f)(1)(A), (B), (C), (f)(4)(A) and (f)(4)(B)(i) of the Act; or 
meets the requirements of section 213A(f)(1)(A), (B), (C), (f)(4)(A) 
and (f)(4)(B)(ii) of the Act.
* * * * *
    (q) Sponsor refers to any individual who is a petitioning sponsor, 
joint sponsor, or substitute sponsor, as defined in this part, unless 
otherwise specified.
* * * * *
    (t) U.S. Armed Forces, otherwise known as Armed Forces of the 
United States, means Army, Navy, Air Force, Marine Corps, and Coast 
Guard.
0
3. Section 213a.2 is amended by:
0
a. Removing paragraph (a)(1)(i)(B) and redesignating paragraph 
(a)(1)(i)(A) as paragraph (a)(1)(i).
0
b. Removing paragraph (a)(1)(ii) and redesignating paragraphs 
(a)(1)(iii) through (v) as paragraphs (a)(1)(ii) through (iv).
0
c. Revising paragraphs (a)(2)(ii), (c)(1)(i), (c)(2)(i)(A) through (D), 
(c)(2)(ii)(C), (c)(2)(iii)(B), and (c)(2)(v).
    The revisions and additions read as follows:


Sec.  213a.2  Use of affidavit of support.

    (a) * * *
    (2) * * *
    (ii) Paragraph (a)(1) of this section does not apply if the 
intending immigrant:
    (A) Filed a visa petition on his or her own behalf pursuant to 
section 204(a)(1)(A)(ii), (iii), or (iv) or section 204(a)(1)(B)(ii) or 
(iii) of the Act, or who seeks to accompany or follow-to-join an 
immigrant who filed a visa petition on his or his own behalf pursuant 
to section 204(a)(1)(A)(ii), (iii), or (iv) or section 204(a)(1)(B)(ii) 
or (iii) of the Act;
    (B) Seeks admission as an immigrant on or after December 19, 1997, 
in a category specified in paragraph (a)(2)(i) of this section with an 
immigrant visa issued on the basis of an immigrant visa application 
filed with the Department of State officer before December 19, 1997;
    (C) Establishes, on the basis of the alien's own Social Security 
Administration record or those of his or her spouse or parent(s), that 
he or she has already worked, or under section 213A(a)(3)(B) of the 
Act, can already be credited with, 40 qualifying quarters of coverage 
as defined under title II of the Social Security Act, 42 U.S.C. 401, et 
seq;
    (D) Is a child admitted under section 211(a) of the Act and 8 CFR 
211.1(b)(1);
    (E) Is the child of a U.S. citizen and the child's lawful admission 
for permanent residence and residence in the United States in the U.S. 
citizen parent(s)' legal and physical custody will result in the 
child's automatic acquisition of citizenship under section 320 of the 
Act, as amended, unless the child is considered to be coming to the 
United States for adoption under section 101(b)(1)(F) or 101(b)(1)(G) 
of the Act;
    (F) Is a VAWA Self-Petitioner unless adjusting status based on an 
employment-based petition that requires an Affidavit of Support Under 
Section 213A of the INA as described in section 212(a)(4)(D) of the 
Act;
    (G) Is in valid T nonimmigrant status under section 101(a)(15)(T) 
of the Act at the time the alien seeks adjustment and maintains that 
status through time of adjudication, unless adjusting status based on 
an employment-based petition that requires an Affidavit of Support 
Under Section 213A of the INA as described in section 212(a)(4)(D) of 
the Act;
    (H) Is in valid U nonimmigrant status under section 101(a)(15)(U) 
of the Act at the time the alien adjusts status and maintains that 
status through time of adjudication, unless adjusting status based on 
an employment-based petition that requires an Affidavit of Support 
Under Section 213A of the INA as described in section 212(a)(4)(D) of 
the Act;
    (I) Seeks admission based on Section 13 of Public Law 85-316 
(September 11, 1957), as amended by Public Law 97-116 (December 29, 
1981);
    (J) Is in valid S nonimmigrant status under section 101(a)(15)(S) 
of the Act and seeks to adjust status based on Section 245(j) of the 
Act;
    (K) Seeks admission based on the Amerasian Act, Public Law 97-359 
(October 22, 1982);
    (L) Seeks admission as an Afghan and Iraqi interpreter, or Afghan 
or Iraqi national employed by or on behalf of the U.S. Government as 
described in section 1059(a)(2) of the National Defense Authorization 
Act for Fiscal Year 2006 Public Law 109-163 (Jan. 6, 2006), as amended, 
and section 602(b) of the Afghan Allies Protection Act of 2009, Public 
Law 111-8, title VI (Mar. 11, 2009), as amended, 8 U.S.C. 1101 note, 
and section 1244(g) of the National Defense Authorization Act for 
Fiscal Year 2008, as amended Public Law 110-181 (Jan. 28, 2008);
    (M) Is an alien applying for adjustment of status under the Cuban 
Adjustment Act, Public Law 89-732 (Nov. 2, 1966), as amended, 8 U.S.C. 
1255 note;
    (N) Is a Haitian applying for adjustment of status under section 
902 of the Haitian Refugee Immigration Fairness Act of 1998, Public Law 
105-277, 112 Stat. 2681 (Oct. 21, 1998), as amended, 8 U.S.C. 1255 
note;
    (O) Is a Lautenberg parolee as described in section 599E of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act of 1990, Public Law 101-167, 103 Stat. 1195, title V 
(Nov. 21, 1989), as amended, 8 U.S.C. 1255 note;
    (P) Is a national of Vietnam, Cambodia, and Laos applying for 
adjustment of status under section 586 of Public Law 106-429 under 8 
CFR 245.21;
    (Q) Is an alien who entered the United States prior to January 1, 
1972, and who meets the other conditions for being granted lawful 
permanent residence

[[Page 62478]]

under section 249 of the Act and 8 CFR part 249 (Registry);
    (R) Is an individual born in the U.S. under diplomatic status under 
8 CFR 101.3;
    (S) Is an applicant adjusting status who qualifies for a benefit 
under section 1703 of the National Defense Authorization Act, Public 
Law 108-136, 117 Stat. 1392 (Nov. 24, 2003), 8 U.S.C. 1151 note 
(posthumous benefits to surviving spouses, children, and parents);
    (T) Is an Amerasian under Amerasian Homecoming Act, Public Law 100-
202 (Dec. 22, 1987);
    (U) Is a Polish and Hungarian Parolee who was paroled into the 
United States from November 1, 1989 to December 31, 1991 under section 
646(b) of the IIRIRA, Public Law 104-208, Div. C, Title VI, Subtitle D 
(Sept. 30, 1996), 8 U.S.C. 1255 note;
    (V) Is an American Indian born in Canada determined to fall under 
section 289 of the Act;
    (W) Is an asylee or refugee adjusting status under section 209 of 
the Act;
    (X) Is an employment-based immigrant who is not seeking admission 
or adjustment of status based on an employment-based petition that 
requires an Affidavit of Support Under Section 213A of the INA as 
described in section 212(a)(4)(D) of the Act;
    (Y) Is a Haitian adjusting status under the Help Haitian Adoptees 
Immediately to Integrate Act of 2010 (Help HAITI Act), Public Law 111-
293, 124 Stat. 3175 (December 9, 2010);
    (Z) Is a Diversity Immigrant;
    (AA) Is a qualified alien described in section 431(c) of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 
1996, 8 U.S.C. 1641(c), under section 212(a)(4)(E)(iii) of the Act 
unless adjusting status based on an employment-based petition that 
requires an Affidavit of Support Under Section 213A of the INA as 
described in section 212(a)(4)(D) of the Act;
    (BB) Is a Cuban and Haitian entrant applying for adjustment of 
status under section 202 of the Immigration Reform and Control Act of 
1986 (IRCA), Public Law 99-603, 100 Stat. 3359 (Nov. 6, 1986), as 
amended, 8 U.S.C. 1255a note;
    (CC) Is a Nicaraguan and other Central American applying for 
adjustment of status under sections 202(a) and section 203 of the 
Nicaraguan Adjustment and Central American Relief Act (NACARA), Public 
Law 105-100, 111 Stat. 2193 (Nov. 19, 1997), as amended, 8 U.S.C.1255 
note;
    (DD) Is a special immigrant juvenile as described in section 245(h) 
of the Act;
    (EE) Is a Liberian adjusting under the Liberian Refugee Immigration 
Fairness Act, Section 7611 of the National Defense Authorization Act 
for Fiscal Year 2020, Public Law 116-92 (December 20, 2019); or
    (FF) Any other category of aliens not required to file an Affidavit 
of Support Under Section 213A of the INA under section 212(a)(4)(C) or 
(D) of the Act.
* * * * *
    (c) * * *
    (1)(i) General. A sponsor must meet the following requirements:
    (A) Be at least 18 years of age;
    (B) Be domiciled in the United States or any territory or 
possession of the United States;
    (C) Be a U.S. citizen, U.S. national, or an alien who is lawfully 
admitted for permanent residence;
    (D) Is petitioning for the admission of the alien under section 204 
of the Act; and
    (E) Demonstrate the means to maintain an annual income equal to at 
least 125 percent of the Federal Poverty Guidelines based on the 
sponsor's household size.
* * * * *
    (2) * * *
    (i) * * *
    (A) The sponsor must include with the Affidavit of Support Under 
Section 213A of the INA an Internal Revenue Service-issued transcript 
or Internal Revenue Service-transcript or Internal Revenue Service-
issued certified copy of his or her complete Federal income tax return 
for the 3 most recent taxable years (counting from the date of signing, 
rather than the date of filing of the Affidavit of Support Under 
Section 213A of the INA). Along with the Internal Revenue Service 
(IRS)-issued transcript or certified copy, the sponsor must also submit 
as initial evidence copies of all schedules filed with each return and 
(if the sponsor submits certified copies, rather than IRS transcripts 
of the tax return(s)) all Forms W-2 (if the sponsor relies on income 
from employment) and Forms 1099 (if the sponsor relies on income from 
sources documented on Forms 1099) in meeting the income threshold. The 
sponsor may also include as initial evidence: Letter(s) evidencing his 
or her current employment and income, paycheck stub(s) showing earnings 
for the most recent six months, financial statements, or other evidence 
of the sponsor's anticipated household income for the year in which the 
intending immigrant files the application for an immigrant visa or 
adjustment of status. By executing an Affidavit of Support Under 
Section 213A of the INA, the sponsor certifies under penalty of perjury 
under United States law that the evidence of his or her current 
household income is true and correct and that each transcript or 
photocopy of each income tax return is a true and correct transcript or 
photocopy of the return that the sponsor filed with the Internal 
Revenue Service for each taxable year.
    (B) If the sponsor had no legal duty to file a Federal income tax 
return for one or more of the 3 most recent tax years, the sponsor must 
explain why he or she had no legal duty to file a Federal income tax 
return for each year. If the sponsor claims he or she had no legal duty 
to file for any reason other than the level of the sponsor's income for 
that year, the initial evidence submitted with the Affidavit of Support 
Under Section 213A of the INA must also include any evidence of the 
amount and source of the income the sponsor claims was exempt from 
taxation and a copy of the provisions of any statute, treaty, or 
regulation that supports the claim he or she had no duty to file an 
income tax return with respect to that income. If the sponsor had no 
legal obligation to file a Federal income tax return, he or she may 
submit other evidence of annual income. The fact a sponsor had no duty 
to file a Federal income tax return does not relieve the sponsor of the 
duty to file an affidavit of support.
    (C)(1) The sponsor's ability to meet the income requirement in this 
paragraph (c)(2)(i) will be determined based on the sponsor's household 
income. In demonstrating he or she has sufficient household income, the 
sponsor may rely entirely on his or her individual income, if it is 
sufficient to meet the income requirement in this paragraph (c)(2)(i). 
The sponsor may also rely on the income of his or her spouse, or any 
intending immigrant who shares the same principal residence, if the 
spouse or intending immigrant is at least 18 years old and has 
completed and signed a Contract Between Sponsor and Household Member. 
The spouse does not need to be a U.S. citizen, national, or alien 
lawfully admitted for permanent residence in order to sign Contract 
Between Sponsor and Household Member.
    (2) Each individual who signs a Contract Between Sponsor and 
Household Member agrees, in consideration of the sponsor's signing of 
the Affidavit of Support Under Section 213A of the INA, to provide to 
the sponsor as much financial assistance as may be necessary to enable 
the sponsor to maintain the intending immigrants at the annual income 
level required by section 213A(a)(1)(A) of the Act, to be jointly and 
severally liable for any

[[Page 62479]]

reimbursement obligation that the sponsor may incur, and to submit to 
the personal jurisdiction of any court that has subject matter 
jurisdiction over a civil suit to enforce the contract or the affidavit 
of support, and understands that a failure to meet all sponsorship 
obligations may prevent him or her from sponsoring intending immigrants 
in the future. The sponsor, as a party to the contract, may bring suit 
to enforce the contract with the spouse. The intending immigrants and 
any Federal, state, or local agency or private entity that provides a 
means-tested public benefit to an intending immigrant are third party 
beneficiaries of the contract between the sponsor and the spouse on 
whose income the sponsor relies and may bring an action to enforce the 
contract in the same manner as third party beneficiaries of other 
contracts.
    (3) If there is no spouse or child immigrating with the intending 
immigrant, then there will be no need for the intending immigrant to 
sign a Contract Between Sponsor and Household Member, even if the 
sponsor will rely on the continuing income of the intending immigrant 
to meet the income requirement in this paragraph (c)(2)(i). If, 
however, the sponsor seeks to rely on an intending immigrant's 
continuing income to establish the sponsor's ability to support the 
intending immigrant's spouse or children, then the intending immigrant 
whose income is to be relied on must sign a Contract Between Sponsor 
and Household Member.
    (4) If the sponsor relies on the income of any individual who has 
signed a Contract Between Sponsor and Household Member, the sponsor 
must also include with the Affidavit of Support Under Section 213A of 
the INA and the Contract Between Sponsor and Household Member, with 
respect to the person who signed the Contract Between Sponsor and 
Household Member, the initial evidence required under paragraph 
(c)(2)(i)(A) of this section. The household member must submit 
transcripts or certified copies of tax returns for the same 3 most 
recent taxable years as the sponsor (except the household member need 
not submit a tax return for any taxable year if he or she had no legal 
duty to file). If the sponsor had no legal duty to file a tax return 
for a given year, the household member must nonetheless submit 
transcripts or certified copies for that taxable year, unless the 
household member also had no legal duty to file a tax return. An 
individual who signs a Contract Between Sponsor and Household Member 
certifies, under penalty of perjury, that the submitted transcripts or 
certified copies of the tax returns are true and correct transcripts or 
certified copies of the Federal income tax returns filed with the 
Internal Revenue Service, and that the information concerning that 
person's employment and income is true and correct.
    (D) If a sponsor or household member did not file a Federal income 
tax return for any year for which transcripts or certified copies must 
be provided, the Affidavit of Support Under Section 213A of the INA or 
Contract Between Sponsor and Household Member will not be considered 
sufficient to satisfy the requirements of section 213A of the Act, even 
if the household income meets the requirements of section 213A of the 
Act, unless the sponsor or household member proves, by a preponderance 
of the evidence, that he or she had no legal duty to file. If the 
sponsor or household member cannot prove he or she had no legal duty to 
file, then the Affidavit of Support Under Section 213A of the INA or 
Contract Between Sponsor and Household Member will not be considered 
sufficient to satisfy the requirements of section 213A of the Act until 
the sponsor or household member proves he or she has satisfied the 
obligation to file the Federal income tax return(s) and provides 
transcripts or certified copies of the Federal income tax return(s).
    (ii) * * *
    (C) Means to maintain annual income. (1) Except as provided in this 
paragraph (c)(2)(ii)(C), or in paragraph (a)(1)(v)(B) of this section, 
a sponsor's Affidavit of Support Under Section 213A of the INA will be 
considered sufficient to satisfy the requirements of section 213A of 
the Act and this section if the reasonably expected household income 
for the year in which the intending immigrant filed the application for 
an immigrant visa or adjustment of status, calculated under paragraph 
(c)(2)(iii)(A) of this section, would equal at least 125 percent of the 
Federal Poverty Guidelines for the sponsor's household size as defined 
in Sec.  213a.1(g), under the Federal Poverty Guidelines in effect when 
the intending immigrant filed the application for an immigrant visa or 
for adjustment of status, except that the sponsor's income need only 
equal at least 100 percent of the Federal poverty line for the 
sponsor's household size, if the sponsor is on active duty (other than 
for active duty for training) in the U.S. Armed Forces and the 
intending immigrant is the sponsor's spouse or child.
    (2) The sponsor's household income for the year in which the 
intending immigrant filed the application for an immigrant visa or 
adjustment of status will be given the greatest evidentiary weight; any 
tax return and other information relating to the sponsor's financial 
history, including the sponsor's credit history and credit score, will 
serve as evidence tending to show whether the sponsor is likely to be 
able to maintain his or her income in the future.
    (3) Even if the sponsor's projected household income for the year 
in which the intending immigrant filed the application for an immigrant 
visa or adjustment of status meets the applicable income threshold, the 
Affidavit of Support Under Section 213A of the INA may be determined to 
be insufficient on the basis of the sponsor's household income based on 
facts that suggest that the sponsor cannot maintain income at the 
income threshold for the sponsor's household size, including, but not 
limited to the following:
    (i) Evidence of a material change in employment or income history 
of the sponsor or household member;
    (ii) The number of intending immigrants included in any Affidavit 
of Support Under Section 213A of the INA or Contract Between Sponsor 
and Household Member that the sponsor has executed but for whom the 
support obligation has not yet become effective in accordance with 
paragraph (e) of this section; and
    (iii) Any other relevant facts.
    (4) Even if the sponsor's projected household income for the year 
in which the intending immigrant filed the application for an immigrant 
visa or adjustment of status meets the applicable income threshold, the 
Affidavit of Support Under Section 213A of the INA will be determined 
to be insufficient on the basis of the sponsor's household income if:
    (i) Unless otherwise provided in this paragraph (c)(2)(ii)(C)(4), 
the sponsor or household member received means-tested public benefits 
on or after [DATE 60 DAYS FROM DATE OF PUBLICATION OF THE FINAL RULE] 
and within the 36-month period before the Affidavit of Support Under 
Section 213A of the INA was executed; or
    (ii) The sponsor or household member had a judgment entered against 
him or her at any time for failing to meet the support or reimbursement 
obligations under an existing Affidavit of Support Under Section 213A 
of the INA.
    (5) Receipt of means-tested public benefits by petitioning sponsors 
who, at the time of receipt, are on active duty, as defined in Sec.  
213a.1(a), will not be considered when determining whether the 
petitioning sponsor has the means to

[[Page 62480]]

maintain an annual income at the income threshold for the petitioning 
sponsor's household size.
    (iii) * * *
    (B) Significant assets. The sponsor may submit evidence of the 
sponsor's ownership of significant assets, such as checking and savings 
accounts; stocks; bonds; certificates of deposit; net cash value of 
real estate holdings minus the sum of all loans secured by a mortgage, 
trust deed, or other lien on the home; annuities; securities; 
retirement and educational accounts; and any other assets that can 
easily be converted into cash. Non-cash assets must be able to be 
converted into cash within 12 months. An intending immigrant may submit 
evidence of the intending immigrant's assets as a part of the 
petitioning sponsor's Affidavit of Support Under Section 213A of the 
INA, even if the intending immigrant is not required to sign an 
Contract Between Sponsor and Household Member. The assets of any person 
who has signed a Contract Between Sponsor and Household Member may also 
be considered in determining whether the assets are sufficient to meet 
the requirement of this paragraph (c)(2)(iii)(B). To qualify as 
significant assets the combined cash value of all the assets (the total 
value of the assets less any offsetting liabilities) must be at least:
    (1) If the intending immigrant is the spouse or child of a United 
States citizen (and the child has reached his or her 18th birthday), 
three times the difference between the sponsor's household income and 
125 percent of the Federal poverty line (or 100 percent when permitted 
under section 213A(f)(3) of the Act) for the sponsor's household size 
(including all immigrants sponsored in any Affidavit of Support Under 
Section 213A of the INA in force or submitted under this section);
    (2) If the intending immigrant is an orphan or Hague Convention 
adoptee who is considered to be coming to the United States for 
adoption, the difference between the sponsor's household income and 125 
percent of the Federal poverty line (or 100 percent of the Federal 
poverty line when permitted under section 213A(f)(3) of the Act) for 
the sponsor's household size (including all immigrants sponsored in any 
Affidavit of Support Under Section 213A of the INA in force or 
submitted under this section); or
    (3) In all other cases, five times the difference between the 
sponsor's household income and 125 percent of the Federal poverty line 
(or 100 percent of the Federal poverty line when permitted under 
section 213A(f)(3) of the Act) for the sponsor's household size 
(including all immigrants sponsored in any Affidavit of Support Under 
Section 213A of the INA in force or submitted under this section).
* * * * *
    (v) Verification of employment, income, and assets. (A) The Federal 
Government may pursue verification of any information provided on or 
with an Affidavit of Support Under Section 213A of the INA or Contract 
Between Sponsor and Household Member, with an employer, financial or 
other institutions, the Internal Revenue Service, or the Social 
Security Administration, including, but not limited to, information 
about:
    (1) Employment;
    (2) Income;
    (3) Assets; or
    (4) Bank account(s) (including, but not limited, to bank account 
numbers and routing numbers).
    (B) To facilitate the verification process described in paragraph 
(c)(2)(v)(A) of this section, sponsors or household members must sign 
and submit any necessary waiver form when directed to do so by the 
immigration officer, immigration judge, or consular officer who has 
jurisdiction to adjudicate the case to which the Affidavit of Support 
Under Section 213A of the INA or Contract Between Sponsor and Household 
Member relates. The failure or refusal of a sponsor or household member 
(who executed a Contract Between a Sponsor and a Household Member) to 
sign any waiver needed to verify the information when directed to do so 
constitutes a withdrawal of the Affidavit of Support Under Section 213A 
of the INA or Contract Between Sponsor and Household Member, so that, 
in adjudicating the intending immigrant's application for an immigrant 
visa or adjustment of status, the Affidavit of Support Under Section 
213A of the INA or Contract Between Sponsor and Household Member will 
be deemed not to have been filed.
* * * * *
0
4. Section 213a.3 is amended by revising paragraphs (a)(1) through (4) 
and (b) to read as follows:


Sec.  213a.3  Change of address.

    (a) * * *
    (1) Filing requirements. If the address of a sponsor or household 
member (who executed a Contract Between a Sponsor and a Household 
Member) changes while the sponsor's support obligation is in effect, 
the sponsor or household member (who executed a Contract Between a 
Sponsor and a Household Member) must file a change of address notice 
within 30 days, in accordance with instructions provided by USCIS.
    (2) Proof of mailing. USCIS will accept a photocopy of the change 
of address form together with proof of the form's delivery to USCIS as 
evidence that the sponsor or household member (who executed a Contract 
Between a Sponsor and a Household Member) has complied with the 
requirement in paragraph (a)(1) of this section.
    (3) Electronic notices. USCIS will provide the sponsor or household 
member (who executed a Contract Between a Sponsor and a Household 
Member) with a receipt notice for an address change.
    (4) Alien sponsors and household members. If the sponsor or 
household member (who executed a Contract Between a Sponsor and a 
Household Member) is an alien that is not exempted by section 263(b) of 
the Act, the sponsor or household member (who executed a Contract 
Between a Sponsor and a Household Member) must still comply with the 
requirements of 8 CFR 265.1.
    (b) Civil penalty. If the sponsor or household member (who executed 
a Contract Between a Sponsor and a Household Member) fails to give 
notice in accordance with paragraph (a) of this section, DHS may impose 
on the sponsor or household member (who executed a Contract Between a 
Sponsor and a Household Member) a civil penalty in an amount within the 
penalty range established in section 213A(d)(2)(A) of the Act. Except, 
if the sponsor or household member (who executed a Contract Between a 
Sponsor and a Household Member), knowing that the sponsored immigrant 
has received any means-tested public benefit, fails to give notice in 
accordance with paragraph (a) of this section, DHS may impose on the 
sponsor or household member (who executed a Contract Between a Sponsor 
and a Household Member) a civil penalty in an amount within the penalty 
range established in section 213A(d)(2)(B) of the Act. The procedure 
for imposing a civil penalty is established at 8 CFR part 280.
0
5. Section 213a.4 is amended by revising paragraphs (a)(3) and (c)(1) 
and (2) to read as follows:


Sec.  213a.4  Actions for reimbursement, public notice, and 
congressional reports.

    (a) * * *
    (3) Role of USCIS and DHS. Upon the receipt of a formal request 
from a party or entity authorized to bring an action to enforce an 
Affidavit of Support Under Section 213A of the INA or Contract

[[Page 62481]]

Between Sponsor and Household Member, in the manner and on the form 
designated by USCIS for this purpose, USCIS may provide a certified 
copy of an Affidavit of Support Under Section 213A of the INA or 
Contract Between Sponsor and Household Member that has been executed on 
behalf of a sponsored immigrant for use as evidence in any action to 
enforce an Affidavit of Support Under Section 213A of the INA or 
Contract Between Sponsor and Household Member (including, but not 
limited to, requests for reimbursement), and may also disclose the last 
known address and Social Security number of the sponsor and household 
member. Requesting information through the Systematic Alien 
Verification for Entitlement (SAVE) Program is sufficient, and a 
subpoena is not required to obtain the sponsored immigrant's current 
immigration or citizenship status, or the name, Social Security number 
and last known address of a sponsor or household member.
* * * * *
    (c) * * *
    (1) For purposes of section 213A(i)(3) of the Act, USCIS will 
consider a sponsor or household member to be in compliance with the 
financial obligations of section 213A of the Act unless a party that 
has obtained a final judgment enforcing the sponsor's obligations under 
section 213A(a)(1)(A) or 213A(b) of the Act has provided a certified 
copy of the final judgment to the USCIS in a manner to be designated by 
USCIS. Failure to file a certified copy of the final civil judgment in 
accordance with this section has no effect on the plaintiff's ability 
to collect on the judgment pursuant to law.
    (2) If a Federal, state, or local agency or private entity that 
administers any means-tested public benefit makes a determination under 
section 421(e) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 in the case of any sponsored immigrant, the 
program official must provide notice of such determination, including 
the name of the sponsored immigrant and of the sponsor, to USCIS in a 
manner to be designated by USCIS.
* * * * *
0
6. Add Sec.  213a.6 to read as follows:


Sec.  213a.6   Severability.

    The provisions in this part are intended to be independent 
severable sections. In the event that any provision in this part is not 
implemented, DHS intends that the remaining provisions be implemented 
as an independent rule.

Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel, U.S. 
Department of Homeland Security.
[FR Doc. 2020-21504 Filed 10-1-20; 8:45 am]
BILLING CODE 9111-97-P