Application for Significant Public Benefit Entrepreneur and Instructions for Data Reporting Supplement

Forms and Documents

Document Name	Status
I-941 Emergency Memo_For Signatures final (SLD signed) eh.pdf Supplementary Document	2021-10-01
I-941 Supporting Statement- Emergency REV (1).docx Supporting Statement A	2021-10-01
I941-009-INS-TOC-IEPFinalRule-08032021 (2).docx Supplementary Document	2021-09-28
I941-009-FRM-TOC-IEPFinalRule-08032021 (2).docx Supplementary Document	2021-09-28
SORN DHS-USCIS-007 BIS.pdf Supplementary Document	2019-02-05
SORN DHS-USCIS-ICE-CBP-001.pdf Supplementary Document	2019-02-05
PIA DHS-USCIS-PIA-016 CLAIMS 3.pdf Supplementary Document	2019-02-05
citations.docx Supplementary Document	2016-08-25

IC Document Collections

IC ID	Document Title	Status
223185	Biometric Processing	Unchanged
218313	Application for Significant Public Benefit Entrepreneur Instruction	Modified

ICR Details

OMB Control No: 1615-0136	ICR Reference No: 202109-1615-006
Status: Received in OIRA	Previous ICR Reference No: 202007-1615-042
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-941
Title: Application for Significant Public Benefit Entrepreneur and Instructions for Data Reporting Supplement
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 10/01/2021
Date Submitted to OIRA: 10/01/2021

	Requested	Previously Approved
Expiration Date	6 Months From Approved	04/30/2022
Responses	5,880	5,880
Time Burden (Hours)	17,258	17,258
Cost Burden (Dollars)	1,440,600	1,440,600

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Abstract: USCIS is submitting this request because DHS is proposing to require an alien seeking entrepreneur parole under its proposed rule, "Significant Public Benefit Parole for Entrepreneurs," to file Form I-941 and, when applicable, Form I-941A, to demonstrate that he or she meets the eligibility criteria for entrepreneur parole based on significant public benefit. Based on his or her grant of parole, the alien's dependent spouse and children will also be eligible to request this parole.

Emergency Justfication: On January 17, 2017, the Department of Homeland Security (DHS) published a final rule with new regulatory provisions guiding the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid business growth and job creation that they would provide a significant public benefit to the United States. The Final Rule was to be effective July 17, 2017. On July 11, 2017, DHS published a rule delaying the effective date to March 14, 2018. Two individuals, two businesses, and the National Venture Capital Association sued DHS, challenging the delay rule for violating the Administrative Procedure Act notice and comment requirement. The D.C. Circuit, agreeing with the plaintiffs, vacated the delay rule on December 1, 2017, allowing the rule to go into effect without further delay. The January 17, 2017 rule provides specific investment and revenue amounts that can support an application for parole and re-parole. The rule also requires, at 8 CFR 212.19(l), that the investment and revenue amounts will be automatically adjusted every 3 years by the Consumer Price Index. The preamble of the rule explained that investment and revenue amounts adjusted by the CPI-U will apply to all applications filed on or after the beginning of that fiscal year. The Department of Homeland Security is publishing a final rule , consistent with the regulatory requirements, to provide notice to the public of the increased amounts to take effect at the start of Fiscal Year 2022 and also to accurately reflect the investment amounts upon adjustment. The investment and revenue amount requirements listed on the current Form I-941 reflect the investment amounts that are in effect through the end of Fiscal Year 2021. At the start of Fiscal Year 2022 the investment amounts will be automatically adjusted as mandated by regulation, and the Form I-941 without revision, would not accurately reflect the adjusted amounts as stated in 8 CFR 212.19(a)(5), (b)(2)(ii)(B), and (c)(2)(ii)(B). These changes are essential to the mission of USCIS to efficiently and fairly adjudicate requests for immigration benefits. USCIS cannot reasonably comply with the normal clearance procedures as it would take longer than the beginning of Fiscal Year 2022 to implement; the amounts automatically adjust at that time.

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Authorizing Statute(s): US Code: 8 USC 1182 Name of Law: INA - Inadmissable Aliens
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC75	Final or interim final rulemaking	86 FR 50839	09/13/2021

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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: 2

IC Title	Form No.	Form Name
Application for Significant Public Benefit Entrepreneur	I-941	Application for Entrepreneur Parole
Biometric Processing

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5,880	5,880	0	0	0	0
Annual Time Burden (Hours)	17,258	17,258	0	0	0	0
Annual Cost Burden (Dollars)	1,440,600	1,440,600	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $3,528,000

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? No

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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: 10/01/2021

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