[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Notices]
[Pages 73612-73613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23614]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[OMB Control Number 1615-0075]


Agency Information Collection Activities; Revision of a Currently 
Approved Collection: I-864, Affidavit of Support Under Section 213A of 
the INA; I-864A, Contract Between Sponsor and Household Member; I-
864EZ, Affidavit of Support Under Section 213A of the INA

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

ACTION: 60-Day notice.

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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 
December 26, 2023.

ADDRESSES: All submissions received must include the OMB Control Number 
1615-0075 in the body of the letter, the agency name and Docket ID 
USCIS-2007-0029. Submit comments via the Federal eRulemaking Portal 
website at https://www.regulations.gov under e-Docket ID number USCIS-
2007-0029.

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: 

Background

    Since 1997, U.S. immigration law has required certain intending 
immigrants to submit an Affidavit of Support Under Section 213A of the 
INA (Form I-864 or Form I-864EZ) executed by a sponsor pledging 
financial support for the intending immigrant to show that they have 
adequate means of financial support and are not likely to become a 
public charge. See INA sections 212(a)(4)(C) and (D). The Affidavit of 
Support Under Section 213A of the INA is a contract between a sponsor 
and the U.S. government that imposes a legally enforceable obligation 
on the sponsor to support the sponsored immigrant until the obligation 
period ends.
    Certain noncitizens are required by regulation to affirmatively 
request an exemption from filing an Affidavit of Support Under Section 
213A of the INA. See 8 CFR 213a.2(a)(1)(i)(B). The Request for 
Exemption for Intending Immigrant's Affidavit of Support (Form I-864W) 
is the current mechanism used to affirmatively request the exemption.
    However, USCIS is discontinuing the use of the Request for 
Exemption for Intending Immigrant's Affidavit of Support in its 
adjudications. Instead, a noncitizen who needs to affirmatively request 
the exemption from USCIS can request it on the form for their 
immigration benefit request by checking the appropriate box. For 
example, an adjustment of status applicant who needs to affirmatively 
request the exemption will do so on their Application to Register 
Permanent Residence or Adjust Status (Form I-485) and would not need to 
complete and submit a Request for Exemption for Intending Immigrant's 
Affidavit of Support.

Comments

    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-2007-0029 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 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: Affidavit of Support Under 
Section 213A of the INA; Contract Between Sponsor and Household Member; 
Affidavit of Support under Section 213A of the INA.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: I-864; I-864A, I-864EZ; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. USCIS 
uses the data collected on Form I-864 to determine whether the sponsor 
has the ability to support the sponsored immigrant under section 213A 
of the Immigration and Nationality Act. This form standardizes 
evaluation of a sponsor's ability to support the sponsored immigrant 
and ensures that basic information required

[[Page 73613]]

to assess eligibility is provided by sponsors.
    Form I-864A is a contract between the sponsor and the sponsor's 
household members. It is only required if the sponsor used income of 
their household members to reach the required 125 percent of the 
Federal poverty guidelines. The contract holds these household members 
jointly and severally liable for the support of the sponsored 
immigrant. The information collection required on Form I-864A is 
necessary for public benefit agencies to enforce the Affidavit of 
Support in the event the sponsor used income of their household members 
to reach the required income level and the public benefit agencies are 
requesting reimbursement from the sponsor.
    USCIS uses Form I-864EZ in exactly the same way as Form I-864; 
however, USCIS collects less information from the sponsors as less 
information is needed from those who qualify in order to make a 
thorough adjudication.
    (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-864 is 
453,345 and the estimated hour burden per response is 5.81 hours; the 
estimated total number of respondents for the information collection I-
864A is 215,800 and the estimated hour burden per response is 1.25 
hours; the estimated total number of respondents for the information 
collection I-864EZ is 100,000 and the estimated hour burden per 
response is 2.25 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 3,128,684 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 $135,569,525.

    Dated: October 20, 2023.
Jerry L. Rigdon,
Deputy Chief, Regulatory Coordination Division, Office of Policy and 
Strategy, U.S. Citizenship and Immigration Services, Department of 
Homeland Security.
[FR Doc. 2023-23614 Filed 10-25-23; 8:45 am]
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