[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8475-8476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02413]


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DEPARTMENT OF STATE

[Public Notice: 11335]


30 Day Notice of Proposed Information Collection: Supplemental 
Questions for Visa Applicants

ACTION: Notice of request for public comment.

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SUMMARY: The Department of State is seeking Office of Management and 
Budget (OMB) approval for the information collection described below. 
In accordance with the Paperwork Reduction Act of 1995 and implementing 
OMB guidance, we are requesting comments on this collection from all 
interested individuals and organizations. The purpose of this notice is 
to allow 30 days for public comment preceding submission of the 
collection to OMB.

DATES: The Department will accept comments from the public up to March 
8, 2021.

ADDRESSES: Direct comments to the Department of State Desk Officer in 
the Office of Information and Regulatory Affairs at OMB. You may submit 
comments by the following methods:
     Email: [email protected]. You must include the 
DS form number, information collection title, and the OMB control 
number in the subject line of your message.
     Fax: 202-395-5806. Attention: Desk Officer for Department 
of State.

FOR FURTHER INFORMATION CONTACT: Megan Herndon, Senior Regulatory 
Coordinator, Visa Services, Bureau of Consular Affairs at 
[email protected] or over telephone at (202) 485-7586.

SUPPLEMENTARY INFORMATION: 
     Title of Information Collection: Supplemental Questions 
for Visa Applicants.
     OMB Control Number: 1405-0226.
     Type of Request: Revision of a Currently Approved 
Collection.
     Originating Office: CA/VO.
     Form Number: DS-5535.
     Respondents: Certain immigrant and nonimmigrant visa 
applicants worldwide who have been determined to warrant additional 
scrutiny in connection with terrorism, national security-related, or 
other visa ineligibilities.
     Estimated Number of Respondents: 75,000.
     Estimated Number of Responses: 75,000.
     Average Time per Response: 55 minutes.
     Total Estimated Burden Time: 68,750 hours.
     Frequency: Once per respondent's application.
     Obligation to Respond: Required to Obtain or Retain a 
Benefit.
    We are soliciting public comments to permit the Department to:
     Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department.
     Evaluate the accuracy of our estimate of the time and cost 
burden of this proposed collection, including the validity of the 
methodology and assumptions used.
     Enhance the quality, utility, and clarity of the 
information to be collected.
     Minimize the reporting burden on those who are to respond, 
including the use of automated collection techniques or other forms of 
information technology.
    Please note that comments submitted in response to this Notice are 
public records. Before including any detailed personal information, you 
should be aware that your comments as submitted, including your 
personal information, will be available for public review.

Abstract of Proposed Collection

    The Department requests an extension on the collection of following 
information, from a subset of visa applicants worldwide, in order to 
more rigorously evaluate applicants for terrorism, national security-
related, or other visa ineligibilities:
     Travel history during the last fifteen years, including 
source of funding for travel;
     Address history during the last fifteen years;
     Employment history during the last fifteen years;
     All passport numbers and country of issuance held by the 
applicant;
     Names and dates of birth for all siblings;
     Name and dates of birth for all children; and
     Names and dates of birth for all current and former 
spouses, or civil or domestic partners.
    Regarding travel history, applicants may be requested to provide 
details of their international or domestic (within their country of 
nationality) travel, if it appears to the consular officer that the 
applicant has been in an area while the area was under the operational 
control of a terrorist organization as defined in section 
212(a)(3)(B)(vi) of the Immigration and Nationality Act, 8 U.S.C. 
1182(a)(3)(B)(vi). Applicants may be asked to recount or explain the 
details of their travel, and when possible, provide supporting 
documentation. While the Department previously required applicants 
completing the DS-5535 to provide their social media platforms and 
identifiers, also known as handles, used during the last five years, 
and phone numbers and email addresses used during the last five years, 
the form no longer includes those fields, which are now incorporated 
into the DS-156 Nonimmigrant Visa Application, DS-160 Online 
Nonimmigrant Visa Application.
    This information collection continues implementation of the 
directive of the President, in the Memorandum for the Secretary of 
State, the Attorney General, the Secretary of Homeland Security of 
March 6, 2017, to implement additional protocols and procedures focused 
on ``ensuring the proper collection of all information necessary to 
rigorously evaluate all grounds of inadmissibility or deportability, or 
grounds for the denial of other immigration benefits.'' Consular posts 
worldwide regularly engage with U.S. law enforcement and partners in 
the U.S. intelligence community to identify characteristics of 
applicant populations warranting increased scrutiny. The additional 
information collected facilitates consular officer efforts to apply 
more rigorous evaluation of these applicants for visa ineligibilities. 
In accordance with existing authorities, visas may not be denied on the 
basis of race, religion, ethnicity, national origin, political views, 
gender, or sexual orientation.
    Failure to provide requested information will not necessarily 
result in visa denial, if the consular officer determines the applicant 
has provided a credible explanation why he or she cannot answer a 
question or provide requested supporting documentation, such that the 
consular officer is able to conclude that the applicant has provided 
adequate information to determine the applicant's eligibility to 
receive the visa. The information requested on this form will not be 
used to deny visas based on applicants' race, religion, ethnicity, 
national origin, political views, gender, or sexual orientation.
    Section 3 of the President's January 20, 2021 Proclamation on 
Ending Discriminatory Bans on Entry to The United States, requires the 
Department

[[Page 8476]]

to assemble a report on current screening and vetting procedures, 
information sharing practices, and recommendations to improve these 
activities, to include an evaluation of the usefulness of the DS-5535. 
The Department is aware of these requirements, and is committed to 
evaluating and improving the utility of the DS-5535 accordingly.

Methodology

    Department of State consular officers at visa-adjudicating posts 
worldwide will ask the additional questions to resolve an applicant's 
identity or to vet for terrorism, national security-related, or other 
visa ineligibilities when the consular officer determines that the 
circumstances of a visa applicant, a review of a visa application, or 
responses in a visa interview indicate a need for greater scrutiny. The 
additional questions may be sent electronically to the applicant or be 
presented orally or in writing at the time of the interview.

Julie M. Stufft,
Acting Deputy Assistant Secretary, Bureau of Consular Affairs, 
Department of State.
[FR Doc. 2021-02413 Filed 2-4-21; 8:45 am]
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