83 FR 49120 - Agency Information Collection Activities; Revision of a Currently Approved Collection: Request for Fee Waiver; Exemptions

DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services

Federal Register Volume 83, Issue 189 (September 28, 2018)

The Department of Homeland Security (DHS), U.S. Citizenship and Immigration (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.

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49120-49121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21101]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[OMB Control Number 1615-0116]


Agency Information Collection Activities; Revision of a Currently 
Approved Collection: Request for Fee Waiver; Exemptions

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
    (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 
November 27, 2018.

ADDRESSES: All submissions received must include the OMB Control Number 
1615-0116 in the body of the letter, the agency name and Docket ID 
USCIS-2010-0008. To avoid duplicate submissions, please use only one of 
the following methods to submit comments:
    (1) Online. Submit comments via the Federal eRulemaking Portal 
website at http://www.regulations.gov under e-Docket ID number USCIS-
2010-0008;
    (2) Mail. Submit written comments to DHS, USCIS, Office of Policy 
and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts 
Avenue NW, Washington, DC 20529-2140.

FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy, 
Regulatory Coordination Division, Samantha Deshommes, Chief, 20 
Massachusetts Avenue NW,

[[Page 49121]]

Washington, DC 20529-2140, telephone number 202-272-8377 (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 
http://www.uscis.gov, or call the USCIS National Customer Service 
Center at 800-375-5283 (TTY 800-767-1833).

SUPPLEMENTARY INFORMATION: 

Reason for Changes

    USCIS is permitted by regulations to waive certain fees provided 
the party requesting the benefit is unable to pay the prescribed fee. 
The proposed revision would reduce the evidence required for Form I-912 
to only a person's household income and no longer require proof of 
whether or not an individual receives a means-tested benefit. USCIS 
policy since 2011 has been to permit a fee waiver where an applicant 
received a means-tested benefit, even for a short period of time. USCIS 
has found that the various income levels used in states to grant a 
means-tested benefit result in inconsistent income levels being used to 
determine eligibility for a fee waiver. Therefore, the revised form 
will not permit a fee waiver based on receipt of a means- tested 
benefit, but will retain the poverty-guideline threshold and financial 
hardship criteria. If USCIS decides to proceed with the form revision 
after considering public comments, USCIS will rescind Policy 
Memorandum, PM-602-0011.1, Fee Waiver Guidelines as Established by the 
Final Rule of the USCIS Fee Schedule; Revisions to Adjudicator's Field 
Manual (AFM) Chapter 10.9, AFM Update AD11-26 (Mar. 13, 2011) and issue 
new guidance on the documentation acceptable for individuals to present 
to demonstrate that they are unable to pay a fee when requesting a fee 
waiver. The applications and petitions that are eligible for a fee 
waiver are provided in 8 CFR 103.7(c)(3) and will not be changed by 
this form and policy change.

Comments

    You may access the information collection instrument with 
instructions, or additional information by visiting the Federal 
eRulemaking Portal site at: http://www.regulations.gov and enter USCIS-
2010-0008 in the search box. Regardless of the method used for 
submitting comments or material, 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 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 http://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: Request for Fee Waiver.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: I-912; 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 this form to verify that the applicant is 
unable to pay for the immigration benefit being requested. USCIS will 
consider waiving a fee for an application or petition when the 
applicant or petitioner clearly demonstrates that he or she is unable 
to pay the fee. Form I-912 standardizes the collection and analysis of 
statements and supporting documentation provided by the applicant with 
the fee waiver request. Form I-912 also streamlines and expedites 
USCIS's review, approval, or denial of the fee waiver request by 
clearly laying out the most salient data and evidence necessary for the 
determination of inability to pay. Officers evaluate all factors, 
circumstances, and evidence supplied in support of a fee waiver request 
when making a final determination. Each case is unique and is 
considered on its own merits. If the fee waiver is granted, the 
application will be processed. If the fee waiver is not granted, USCIS 
will notify the applicant and instruct him or her to file a new 
application with the appropriate fee.
    (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-912 is 
350,000 and the estimated hour burden per response is 1.17 hours; for 
the information collection DACA Exemptions the estimated total number 
of respondents is 108 and the estimated hour burden per response is 
1.17 hours; for the information collection 8 CFR 103.7(d) Director's 
exception request the estimated total number of respondents is 20 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 409,650 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 $1,312,980.

    Dated: September 24, 2018.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division, Office of Policy and Strategy, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security.
[FR Doc. 2018-21101 Filed 9-27-18; 8:45 am]
 BILLING CODE 9111-97-P