SUPPLEMENTARY INFORMATION:

• Title of Information Collection: Request for Exemption from Immigrant Visa Applicant's Affidavit of Support.
• OMB Control Number: 1405-XXXX.
• Type of Request: New Collection.
• Originating Office: CA/VO.
• Form Number: DS-864E.
• Respondents: Immigrant Visa Applicants.
• Estimated Number of Respondents: 24,000.
• Estimated Number of Responses: 24,000.
• Average Time Per Response: 1 hour.
• Total Estimated Burden Time: 24,000.
• 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

Section 213A of the Immigration and Nationality Act (INA) (8 U.S.C. 1183a) sets forth the requirements for an Affidavit of Support. In most cases, a family-sponsored and certain employment-based immigrant must have a sponsor execute an Affidavit of Support on his or her behalf. The Affidavit of Support is intended to demonstrate the immigrant will have adequate means of financial support and is not likely to rely on governmental financial assistance. The Affidavit of Support is a legally binding contract which may be enforced in federal or state court if the sponsored immigrant receives any means-tested public benefits and the sponsor does not repay the cost of those benefits to the agency that provided them.

The Department of State uses the Department of Homeland's Security's (DHS) Form I-864, Affidavit of Support Under Section 213A of the Act—or Form I-864EZ, Affidavit of Support of Support Under Section 213A of the Act, if the applicant qualifies to use it—to determine whether the sponsor meets the minimum income requirements. The Department previously used DHS Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, to determine whether an applicant was eligible for an exemption from filing these forms. However, OIRA approved discontinuation of Form I-864W on October 17, 2024.

The Department developed Form DS-864E to facilitate the Department's continued ability to assess sponsor information in accordance with INA 213A (8 U.S.C. 1183a), INA 212(a)(4) (8 U.S.C. 1182(a)(4)), and 22 CFR 40.41. The Department will use Form DS-864E to determine whether the applicant meets the criteria for exemption from the requirement to submit Form I-864 (or Form I-864EZ). This form will collect the immigrant's basic information, such as name and address, the reason for the exemption, and accompanying documentation in support of the immigrant's claim that he or she is not required to submit Form I-864 (or Form I-864EZ) and serve as his or her affirmative request for an exemption as required under 8 CFR 213a.2(a)(1)(i)(B).

Methodology

Form DS-864E will be available electronically at travel.state.gov. The form can be completed online and must be submitted as directed by the National Visa Center (NVC) or by a consular officer abroad.

91 FR 59292