EOIR-31_SUPPORTING-STATEMENT_07.21.2025_signed

SUPPORTING STATEMENT
OMB No. 1125-0012
Request for New Recognition, Renewal of Recognition, Extension of Recognition of a Nonprofit Religious, Charitable, Social Service, or Similar Organization
Form EOIR-31
______________________________________________________________________________
Part A. Justification
1. Necessity of Information Collection - The Executive Office for Immigration Review
(EOIR) seeks a renewal with changes of a currently approved information collection
(OMB#1125-0012) for the recognition of a Non-profit Religious, Charitable, Social
Service, or Similar Organization. Regulations prescribe who may represent individuals in
immigration proceedings. The Office of Policy (OP) may grant recognition to
organizations to practice before EOIR and the Department of Homeland Security (DHS).
See 8 C.F.R. §§ 1292.11, 1292.13(a).

To be eligible for initial recognition, an organization must: (1) establish that it is a nonprofit religious, charitable, social service, or similar organization; (2) demonstrate that it
provides immigration legal services primarily to low-income and indigent clients within
the United States; (3) demonstrate the organization’s currently valid federal tax-exempt
status or pending application for federal tax-exempt status; (4) apply simultaneously to
have at least one employee or volunteer approved as an Accredited Representative (using
Form EOIR-31A); (5) demonstrate access to adequate knowledge, information, and
experience in immigration law and procedure; and (6) designate at least one authorized
officer to act on the organization’s behalf. 8 C.F.R. § 1292.11(a). The organization
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applies for recognition by submitting a Form EOIR-31 to OLAP and serving a copy of
the Form EOIR-31 on the U.S. Citizenship and Immigration Services (USCIS) offices in
the jurisdictions where the organization offers or intends to offer immigration legal
services. See 8 C.F.R. § 1292.13(a).

The Form EOIR-31 collects information about the organization, including a description of
its funding sources, the immigration law resources and knowledge available to the
organization, the resumes and immigration training of its employees, and its
organizational structure. This information is necessary to prevent fraud and ensure that the
organization has available the requisite knowledge and skill to represent individuals in
immigration proceedings, and that the organization has appropriate practices in place to
accommodate clients unable to pay fees for immigration legal services.

EOIR has made non-substantive changes to the current Form EOIR-31. These changes
include revisions to the form’s Privacy Act notice; addition of the expiration date for
OMB approval on the form; updates to the address to which applications can be
submitted; and addition of an alternative method by which applications can be submitted.
EOIR is developing a Recognition and Accreditation (R&A) Access (RAA) User Portal
electronic information system by which respondents may create a user account and
electronically submit applications for recognition and accreditation.

2. Needs and Uses - The application for recognition of an organization (Form EOIR-31)
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is filed with and adjudicated by EOIR. OP receives and processes requests for recognition
of an organization. The application is considered by OP, as well as USCIS, which is
served with the application and may respond to it. Careful review of the Form EOIR-31
application materials is necessary to prevent the recognition of fraudulent or unqualified
organizations and ensure that only those organizations with sufficient immigration
knowledge available to them and that charge no more than nominal fees for their services
should be recognized. Only these recognized organizations may then present themselves
to the public as authorized to employ accredited representatives to represent individuals
before EOIR and/or DHS.

3. Use of Technology - The use of this form provides the most efficient means for
collecting and processing the required data. The Form EOIR-31 is available on EOIR’s
website as a fillable pdf. The information can be typed into the fillable fields, or
respondents may complete the form by printing the form and writing legibly.
Currently, the form may be submitted by email or mail to OP. In the future,
respondents will be able to submit the form electronically through the RAA portal.

4. Efforts to Identify Duplication - The only method for an organization to apply for
recognition is to file the Form EOIR-31. A review of EOIR’s forms revealed no
duplication of effort, and there is no other similar information currently available that can
be used for this purpose.

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5. Impact on Small Businesses - This collection has an impact on small businesses or
other small entities to the extent they are non-profit organizations applying to OP for
recognition before EOIR and/or DHS. However, this collection does not impose undue
burden on these non-profit organizations; instead, the requested information is necessary
for OP’s determination of the recognition request. The information collection seeks
photocopies of pre-existing materials, where applicable, and summaries of information.
EOIR estimates that it will take approximately two hours to complete the form for new
recognition and seven hours to complete the form for renewal of recognition and produce
the requested documents.

6. Consequences of Less Frequent Collection - Failure to collect this information would
deprive the organization of establishing eligibility for recognition.

7. Special Circumstances Influencing Collection - None of the eight special
circumstances identified in OMB instruction number 7 apply to this collection.

8. Federal Register Publication and Consultation- A 60-day notice covering this
collection was published in the Federal Register on March 14, 2025 (90 FR 12176).
During the 60-day comment period, EOIR received comments for this collection and the
companion Form EOIR-31A (OMB No. 1125-0013). Those comments are addressed
below. A 30-day notice covering this collection was published in the Federal Register on
July 18, 2025 (90 FR 34010). After initiating the 30-day comment period, but before
EOIR submitted this information collection request to OMB, EOIR received one
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comment for this collection. It is attached with this ICR for OMB’s review. Any other
comments received by EOIR during the 30-day comment period will be forwarded to
OMB.

Comment: A commenter asserted that requiring applicants to submit their Recognition
and Accreditation (R&A) applications through the R&A Access (RAA) online portal
would impact organizations who may lack digital capacity to use the online portal. The
commenter suggested that the Executive Office for Immigration Review (EOIR) consider
maintaining the option to submit R&A applications via regular mail to ensure that a
variety of applicants continue to have access to the program.

Response: The RAA online portal is an online access feature that is being contemplated.
This portal will allow prospective applicants to apply online for recognition or
accreditation, and online account management of an approved organization, as well as
allow the Department of Homeland Security (DHS), U.S. Citizenship and Immigration
Services (USCIS), as an entity legally authorized to review and comment on R&A
applications pursuant to 8 C.F.R. § 1292 et seq., access to view and provide input on
application packages. This modernization effort is intended to facilitate an increased
level of efficiency in processing applications for recognition and accreditation. Once the
online portal is implemented, applicants will be required to submit their applications and
supporting documentation via the online portal. Mailed or emailed applications to the
R&A Program will be accepted in limited circumstances, to include technical issues or
other barriers encounters by online portal users. EOIR R&A Program will accommodate
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such situations on a case-by-case basis. Absent these limited circumstances, paper or
email submissions will likely be rejected, and the applicant will be directed to submit the
required application and supporting documentation via the portal. EOIR is contemplating
extending a 30-day grace period following the launch of the RAA online portal to allow
for the continued acceptance of email and paper filings during the transition.

EOIR understands the commenter’s concern with restricting submissions of applications
via the online portal and recognizes that not all organizations have the same level of
digital capacity. EOIR reaffirms that it is committed to ensuring that the R&A application
process remains accessible to everyone, regardless of technological resources. However,
EOIR notes that attorneys and accredited representatives seeking to provide legal
representation to individuals before the immigration courts and the Board of Immigration
Appeals are mandated to utilize the EOIR Courts & Appeals System (ECAS), an
electronic filing and records applications system, to file court and appeal documents,
view case details, etc., and are expected to have the digital capability to use ECAS. See
86 FR 70708. Consistent with that, organizations seeking accreditation and recognition
should likewise have the ability to use the R&A online portal to submit the required
application and supporting documentation.

Comment: Commenters expressed several concerns regarding recent publication of
System of Records Notice (SORN) JUSTICE/EOIR-004, Recognition and Accreditation
Program Records, published at 90 FR 16173 (Apr. 17, 2025). Commenters expressed
concern with the exchange of personally identifiable information (PII) between the
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Department of Justice and DHS. The commenters noted the need for robust security
safeguards to prevent unauthorized access and use of PII, as well as measures to mitigate
potential privacy or security risks with said information sharing. Commenters also
expressed concern with the expansion of routine uses of records of information
maintained in the system, to include sharing with other federal government agencies and
courts, and the expansion of information shared. The commenters noted that said
expansion of routine uses and information shared could adversely impact the number of
applicants seeking to participate in the program due to the risk of information being
involuntarily disclosed to other agencies, entities, and individuals. Commenters expressed
concern with the addition of a routine use to the applicable System of Records Notice,
published in 90 Fed. Reg. 16173 (April 17, 2025), regarding the disclosure of information
for statistical analysis and asserted that said routine use be stricken, arguing that such
disclosure does not align with the purpose for the information collection. Commenters
expressed concern about potential privacy and security risks associated with the RAA
online portal and recommended that EOIR ensure proper record keeping of data being
submitted in the RAA system. Finally, commenters recommended that EOIR increase the
Notice of Proposed Rulemaking (NPRM) comment period for CPCLO Order No. 012025 from 30 to 60 days.

Response: EOIR acknowledges receipt of this feedback; however, these comments do not
pertain to the information collection document, namely the proposed changes to Forms
EOIR-31/31A as published in 90 Fed. Reg. 12176 (March 14, 2025) and 90 Fed. Reg.
12178 (March 14, 2025), but instead pertain to the SORN, published in 90 Fed. Reg.
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16173 (April 17, 2025). EOIR forwarded these comments to the Department of Justice’s
Office of Privacy and Civil Liberties for further review and response.

Comment: One commenter raised general concerns about the status of aliens present in
the United States without authorization and whether such individuals are reporting
monies owed to the Internal Revenue Service.

Response: This comment is not related to Form EOIR-31 that is the subject of this
information collection request.

9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to parties
in immigration proceedings or their attorneys or representatives, including recognized
organizations.

10. Assurance of Confidentiality - EOIR’s Office of Policy Recognition and
Accreditation Coordinator maintains the original application. Those EOIR staff members
processing the application may access the Form EOIR-31. EOIR protects the
confidentiality of the contents of the Form EOIR-31, to the extent permitted by law,
including the Privacy Act and the Freedom of Information Act.

11. Justification for Sensitive Questions - There are no questions of a sensitive nature in
the Form EOIR-31.

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12. Estimate of Hour Burden
Initial Recognition Request
a. Number of Respondents

210

b. Number of Responses per Respondent

1

c. Total Annual responses

210

d. Hours per response

2

e. Total annual hourly reporting burden

420

The total annual reporting burden is derived by multiplying the number of respondents
(210) by the frequency of response (1) by the number of hours per response (2 hours):
210 respondents x 1 response per respondent x 2 hours per respondent = 420 burden
hours.
Renewal of Recognition
a. Number of Respondents

90

b. Number of Responses per Respondent

1

c. Total Annual responses

90

d. Hours per response

7

e. Total annual hourly reporting burden

595

The total annual reporting burden is derived by multiplying the number of respondents
(90) by the frequency of response (1) by the number of hours per response (7 hours): 90
respondents x 1 response per respondent x 7 hours per respondent = 630 burden hours.
Standalone Extension Office Requests
a. Number of Respondents

20

b. Number of Responses per Respondent

1

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c. Total Annual responses

20

d. Hours per response

2

e. Total annual hourly reporting burden

40

The total annual reporting burden is derived by multiplying the number of respondents
(20) by the frequency of response (1) by the number of hours per response (2 hours): 20
respondents x 1 response per respondent x 2 hours per respondent = 40 burden hours.

13. Estimate of Cost Burden
There are no capital or start-up costs associated with this information collection. There is
no filing fee associated with the form. The estimated public cost is zero.

For informational purposes only, respondents may incur a cost if they hire a private
practitioner to assist them with completing the Form EOIR-31. The Bureau of Labor
Statistics reports that the median hourly wage for lawyers is $70.08. For those
respondents who proceed without a practitioner, there is an estimated cost of $10 per
hour for completing the form (the individuals’ time and supplies) in lieu of the
practitioner cost.

14. Estimated Cost to Federal Government - It is estimated that the annual government
cost for printing, distributing, stocking, processing and maintaining the Form EOIR-31 is
$4,320.02 (initial, renewal, & extension office requests).

15. Reason for Change in Burden – There is a decreased annual time burden for
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respondents to complete the form; the decrease in burden is due to a decrease in the
average number of responses received annually. There is an increase in the estimated
costs to the federal government; the increase in government costs is due to an increase in
the costs associated with processing and maintaining the form.

16. Plans for Publication - The information from this collection is used internally to
process the applications for recognition.

17. Display of Expiration Date - EOIR plans to include the expiration date for OMB
approval of the information collection.

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18. Exceptions to Certification Statement - EOIR does not request an exception to the
certification of this information collection.

Section B. Collection of Information Employing Statistical Methods
This collection does not employ statistical methods.

PAPERWORK CERTIFICATION

In submitting this request for OMB approval, I certify that the requirements of the Privacy Act
and OMB directives have been complied with, including paperwork regulations, any applicable
statistical standards or directives, and any other information policy directives promulgated under
5 C.F.R. § 1320.
signed by JUSTINE FUGA
JUSTINE FUGA Digitally
Date: 2025.07.21 09:15:16 -04'00'

Justine Fuga
Associate General Counsel
Office of the General Counsel
Executive Office for Immigration Review

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