82 FR 56099 - 30-Day Notice of Proposed Information Collection: Supplemental Questions for Visa Applicants

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 226 (November 27, 2017)

The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56099-56100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25490]


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DEPARTMENT OF STATE

[Public Notice: 10206]


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

ACTION: Notice of request for public comment and submission to OMB of 
proposed collection of information.

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

DATES: Submit comments directly to the Office of Management and Budget 
(OMB) up to December 27, 2017.

ADDRESSES: Direct comments to the Department of State Desk Officer in 
the Office of Information and Regulatory Affairs at the Office of 
Management and Budget (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: Direct requests for additional 
information regarding the collection listed in this notice, including 
requests for copies of the proposed collection instrument and 
supporting documents to S. Taylor, who may be reached at 
[email protected].

SUPPLEMENTARY INFORMATION: 
     Title of Information Collection: Supplemental Questions 
for Visa Applicants.
     OMB Control Number: 1405-0226.
     Type of Request: Extension of a Currently Approved 
Collection.
     Originating Office: Bureau of Consular Affairs, Visa 
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: 70,500.
     Estimated Number of Responses: 70,500.
     Average Time per Response: 60 minutes.
     Total Estimated Burden Time: 70,500 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 for 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 record. Before including any detailed personal information, you 
should be aware that your comments as submitted, including your 
personal information, will be available for public review.

Abstract of Proposed Collection

    The Department proposes requesting the following information, if 
not already included in an application, from a subset of visa 
applicants worldwide, in order to more rigorously evaluate such 
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;

[[Page 56100]]

     Names and dates of birth for all current and former 
spouses, or civil or domestic partners;
     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.
    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.
    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 ``ensur[ing] 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.'' In substance, 
this proposed collection is the same as the collection that was 
requested through the emergency procedures in May 2017. The emergency 
approval limited the collection to a temporary six month approval, and 
these materials seek to extend that approval for three years. 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 will facilitate 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.
    Based upon the data since this collection began implementation in 
May 2017, the Department estimates that 70,500 applicants annually will 
be requested to respond to this collection. The Department bases this 
estimate on the fact that consular officers worldwide asked an 
approximately 25,000 applicants questions contained in this information 
collection between May 2017 and October 2, 2017.
    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 collection of social media platforms and 
identifiers will not be used to deny visas based on applicants' race, 
religion, ethnicity, national origin, political views, gender, or 
sexual orientation.

Methodology

    Department of State consular officers at visa-adjudicating posts 
worldwide will ask the proposed additional questions to resolve 
questions about 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. Consular officers will be mindful 
that, unlike some other forms of personal information required from 
visa applicants, social media identifiers may afford the user 
anonymity. Posts will assess their respective operating environments 
and collect the social media identifier information from applicants in 
a manner that best safeguards its transmission from applicant to post. 
In furtherance of this collection, consular officers are directed not 
to request user passwords; engage or interact with individual visa 
applicants on or through social media when conducting assessments of 
visa eligibility; not to violate or attempt to violate individual 
privacy settings or controls; and not to use social media or assess an 
individual's social media presence beyond established Department 
guidance. Consular staff are also directed in connection with this 
collection to take particular care to avoid collection of third-party 
information when conducting any social media reviews.

Edward Ramotowski,
Deputy Assistant Secretary, Bureau of Consular Affairs, Department of 
State.
[FR Doc. 2017-25490 Filed 11-24-17; 8:45 am]
 BILLING CODE 4710-06-P