Application to Extend/Change Nonimmigrant Status

Forms and Documents

Document Name	Status
Form I-539 USCIS ELIS Application to Extend/Change Nonimmigrant Status Form and Instruction	Removed
Form I-539 Application to Extend/Change Nonimmigrant Status Form	Modified
I-539 SS PC 2018-10-10.docx Supporting Statement A	2018-10-10
Published NPRM.pdf Supplementary Document	2018-10-10
I539-SupA-INS-TOC-PubCharge-60Day-09272018.docx Supplementary Document	2018-10-04
I539-INS-TOC-PubCharge-60Day-10032018.docx Supplementary Document	2018-10-04
I539-FRM-TOC-PubCharge-60Day-09272018.docx Supplementary Document	2018-10-04
8 U.S.C. 1258 Section 248 INA.docx Supplementary Document	2018-10-04
8 CFR 214.1(c).docx Supplementary Document	2018-10-04
SORN - Benefits.pdf Supplementary Document	2018-10-04
SORN - A-File.pdf Supplementary Document	2018-10-04
PIA-IDDMP.pdf Supplementary Document	2018-10-04
PIA-CLAIMS 3.pdf Supplementary Document	2018-10-04

IC Document Collections

IC ID	Document Title	Status
209953	Biometric Processing	Modified
209952	Application to Extend/Change Nonimmigrant Status Form and Instruction	Removed
209951	Instructions for Supplement A to Form I-539 Instruction	Modified
20224	Application to Extend/Change Nonimmigrant Status Form	Modified

ICR Details

OMB Control No: 1615-0003	ICR Reference No: 201810-1615-001
Status: Historical Inactive	Previous ICR Reference No: 201610-1615-006
Agency/Subagency: DHS/USCIS	Agency Tracking No: Form I-539
Title: Application to Extend/Change Nonimmigrant Status
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 11/19/2018
	Date Received in OIRA: 10/10/2018
Terms of Clearance: In accordance with 5 CFR 1320, OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. Any previous terms of clearance continue to apply.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2018	36 Months From Approved	02/28/2019
Responses	269,800	0	269,800
Time Burden (Hours)	408,069	0	408,069
Cost Burden (Dollars)	23,022,825	0	23,022,825

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Abstract: This form is used by a nonimmigrant to apply for an extension of stay or change of nonimmigrant status. Additionally, the data will be used by USCIS to determine eligibility for the requested immigration benefit.

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Authorizing Statute(s): US Code: 8 USC 1258 Name of Law: United States Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AA22	Proposed rulemaking	83 FR 51114	10/10/2018

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Application to Extend/Change Nonimmigrant Status	I-539	Application to Extend/Change Nonimmigrant Status
Biometric Processing
Instructions for Supplement A to Form I-539
Application to Extend/Change Nonimmigrant Status	I-539 USCIS ELIS	Application to Extend/Change Nonimmigrant Status

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: There is a increase in the time burden last reported for this information collection. This increase is due to an increase in the estimated number of respondents for Form I-539 and Form I-539 Supplement A, and respondents administered for biometrics.

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Annual Cost to Federal Government: $50,379,863

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/10/2018

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