[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48489-48490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15890]


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

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[OMB Control Number 1615-0105]


Agency Information Collection Activities; Revision of a Currently 
Approved Collection: Notice of Entry of Appearance as Attorney or 
Accredited Representative

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

ACTION: 60-Day notice.

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

SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship 
and Immigration Services (USCIS) invites the general public and other 
Federal agencies to comment upon this proposed revision of a currently 
approved collection of information. In accordance with the Paperwork 
Reduction Act (PRA) of 1995, the information collection notice is 
published in the Federal Register to obtain comments regarding the 
nature of the information collection, the categories of respondents, 
the estimated burden (i.e., the time, effort, and resources used by the 
respondents to respond), the estimated cost to the respondent, and the 
actual information collection instruments.

DATES: Comments are encouraged and will be accepted for 60 days until 
September 25, 2023.

ADDRESSES: All submissions received must include the OMB Control Number 
1615-0105 in the body of the letter, the agency name and Docket ID 
USCIS-2008-0037. Submit comments via the Federal eRulemaking Portal 
website at https://www.regulations.gov under e-Docket ID number USCIS-
2008-0037.

FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy, 
Regulatory Coordination Division, Samantha Deshommes, Chief, telephone 
number (240) 721-3000 (This is not a toll-free number. Comments are not 
accepted via telephone message). Please note contact information 
provided here is solely for questions regarding this notice. It is not 
for individual case status inquiries. Applicants seeking information 
about the status of their individual cases can check Case Status 
Online, available at the USCIS website at https://www.uscis.gov, or 
call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).

SUPPLEMENTARY INFORMATION: 

Comments

Adding Paralegals and Other Law Firm Employees

    DHS is proposing to revise the subject information collection to 
allow an attorney or accredited representative to name a paralegal that 
they supervise who would be permitted to communicate with USCIS in 
named limited circumstances. See the form and form instructions in the 
documents for the specific changes being proposed.
    DHS is proposing to limit the change to the form to allow for the 
addition of a paralegal and not extend it to any employee of the 
organization or firm supervised by the practitioner of record on the 
Notice of Entry of Appearance as Attorney or Accredited Representative. 
USCIS believes that the employee who is provided with the authority to 
communicate with USCIS on a case should have education, experience and 
training in regulatory compliance and professional responsibility, and 
understand the distinction between administrative tasks and independent 
legal advice. The term paralegal is not defined by law or regulated by 
all states or state bar associations but education and training is 
generally associated with being a paralegal.\1\ USCIS believes that the 
term ``paralegal'' is sufficiently used and understood by the public to 
be an individual qualified to afford protections to affected parties 
who submit immigration benefit requests that exceed what would be 
provided by another employee.
---------------------------------------------------------------------------

    \1\ See, e.g., NFPA: The National Federation of Paralegal 
Associations, Inc. at https://www.paralegals.org/default.aspx (last 
viewed June 20, 2023) (Stating, ``A paralegal is a person, qualified 
through education, training or work experience to perform 
substantive legal work that requires knowledge of legal concepts and 
is customarily, but not exclusively, performed by a lawyer. This 
person may be retained or employed by a lawyer, law office, 
governmental agency or other entity or may be authorized by 
administrative, statutory or court authority to perform this work. 
Substantive shall mean work requiring recognition, evaluation, 
organization, analysis, and communication of relevant facts and 
legal concept.''
---------------------------------------------------------------------------

    USCIS specifically requests comments on the limitation from the 
practitioner community and others who may be affected on the limitation 
to paralegals, if that limitation should be maintained, and if not, 
detailed reasons why it should not.

How To Comment

    You may access the information collection instrument with 
instructions or additional information by visiting the Federal 
eRulemaking Portal site at: https://www.regulations.gov and entering 
USCIS-2008-0037 in the search box. All submissions will be posted, 
without change, to the Federal eRulemaking Portal at https://www.regulations.gov, and will include any personal information you 
provide. Therefore, submitting this information makes it public. You 
may wish to consider limiting the amount of personal information that 
you provide in any voluntary 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 Act notice that is 
available via the link in the footer of https://www.regulations.gov.
    Written comments and suggestions from the public and affected 
agencies should address one or more of the following four points:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including

[[Page 48490]]

whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed 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 This Information Collection

    (1) Type of Information Collection: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Notice of Entry of Appearance as 
Attorney or Accredited Representative.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: G-28; G-28I; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Business or other for-profit. The 
data collected via the G-28 information collection instruments is used 
by DHS to determine eligibility of the individual to appear as a 
representative. Form G-28 is used by attorneys admitted to practice in 
the United States and accredited representatives of charitable 
organizations recognized by the Board of Immigration Appeals. Form G-
28I is used by attorneys admitted to the practice of law in countries 
other than the United States and only in matters in DHS offices outside 
the geographical confines of the United States. If the representative 
is eligible, the form is filed with the case and the information is 
entered into DHS systems.
    (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-28 (paper 
filed) is 4,181,229 and the estimated hour burden per response is .940 
hours; the estimated total number of respondents for the information 
collection G-28 (online filed) is 464,581 and the estimated hour burden 
per response is .783 hours; the estimated total number of respondents 
for the information collection G-28I (paper filed) is 31,362 and the 
estimated hour burden per response is .700 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 4,316,022 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 $0.00.

    Dated: July 21, 2023.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division, Office of Policy and Strategy, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security.
[FR Doc. 2023-15890 Filed 7-26-23; 8:45 am]
BILLING CODE 9111-97-P