I-134-010-SupportingStatement-UV_v6

SUPPORTING STATEMENT FOR

Declaration of Financial Support

OMB Control No.: 1615-0014

COLLECTION INSTRUMENT(S): Form I-134

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Section 212(d)(5)(A) of the Immigration and Nationality Act (INA), authorizes the Secretary to “parole into the United States temporarily under such conditions as [the Secretary] may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States . . . .” Additionally, under section 214 and 248 of the INA, the Secretary is authorized to prescribe conditions in granting extension of stay and change of status to nonimmigrants.

Certain individuals seeking parole, extension of stay, change of status, or immigrant visas abroad must demonstrate that they have sufficient financial resources available to them for the duration of their temporary stay in the United States.

Background for Emergency Revision Request

Through this emergency revision to the online version of Form I-134, DHS is seeking to allow US-based supporters, including United States citizens, legal permanent residents, and individuals in lawful nonimmigrant status, to submit an online application on behalf of certain noncitizen beneficiaries from Venezuela, and their qualifying immediate family members, to demonstrate that the beneficiary has sufficient financial support to pay for expenses for the duration of their temporary stay in the United States. This application is the first step in a newly-established parole process for eligible noncitizens of Venezuela that will enable them to obtain advance travel authorization to travel to the United States to seek parole.

This emergency revision is necessary to respond to a large number of undocumented noncitizens at the Southwest Border (SWB) of the United States where, despite surging resources and personnel, DHS CBP is facing significant and unprecedented challenges processing such individuals in a timely manner.

The most recent rise in the numbers of encounters at the border have been driven in significant part by a surge in migration of Venezuelan nationals. Unique encounters of Venezuelan nationals increased throughout fiscal year (FY) 2021, totaling 47,328. They increased again by almost four-fold in FY 2022, to an estimated 186,000 unique encounters—comprising 11 percent of all unique encounters in FY 2022. Average monthly unique encounters of Venezuelan nationals at the land border totaled 15,494 in FY 2022, compared to a monthly average of 127 unique encounters from FY 2014–2019. Of note, unique encounters of Venezuelan nationals rose 293 percent between FY 2021 and FY 2022, while unique encounters of all other nationalities combined increased 45 percent.

In recent months, this surge in irregular migration of Venezuelan nationals has been accelerating. Nationals from Venezuela accounted for 25,130 unique encounters in August 2022, and the Office of Immigration Statistics (OIS) estimates that there were 33,500 unique encounters in September, more than Mexico and more than all three Northern Central American countries combined.

There are significant limits in DHS’s ability to expel or return Venezuelans who enter the United States without authorization in between POEs. DHS is currently under a court-ordered obligation to implement the Centers for Disease Control and Prevention’s (CDC) Title 42 public health Order, under which covered noncitizens may be prevented entry or expelled to prevent the spread of communicable disease. But Venezuela does not allow repatriations via charter flights, which significantly limits DHS’s ability to return those that are subject to the Title 42 Order or who are ordered removed. To date, other countries, including Mexico, have generally failed to accept Venezuelans as well. As a result, DHS was only able to repatriate 22 Venezuelan nationals to Venezuela in FY 2022.

This crisis has culminated in a new parole process for eligible Venezuelans, as described in the Department’s recently published Federal Register notice entitled Implementation of a Parole Process for Venezuelans, and in conjunction with emergency approval of a new CBP collection entitled Advance Travel Authorization­. The exact revisions to online Form I-134 are explained in more detail in Question 15 below. More information about the new Venezuelan parole process can be found at www.uscis.gov/venezuela.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The U.S. Department of Homeland Security (DHS) and consular officers of the Department of State (DOS) use both the online and paper versions of Form I-134 to determine whether, at the time of the beneficiary’s application, petition, or request for certain immigration benefits, that beneficiary has sufficient financial support to pay for expenses for the duration of their temporary stay in the United States.

The online and paper version of Form I-134 have two distinct uses. The paper version of the form is used solely for certain individuals other than the Ukrainian and Venezuelans, who file the electronic USCIS Form I-134 applying for parole into the United States for urgent humanitarian reasons or significant public benefit who are not filing Form I-131 may also be required to submit this form. In such cases, Form I-134 is completed by an individual other than the beneficiary who is agreeing to financially support the beneficiary for the period of his or her temporary stay in the United States.

In contrast, the online version of the form is only available for use by eligible citizens of Ukraine and Venezuela. Under this emergency revision in support of the action being taken by the Secretary of Homeland Security to expand the ability for U.S. Citizens and Lawful Permanent Residents to file with a statement that they will provide support for both the Ukrainian and Venezuelan persons who could be allowed to enter the United States. Biographic information about the beneficiary provided on the online Form I-134 will be used for biographic security screening and advance travel authorization from CBP (OMB Control Number 1651-New) (pending approval) for eligible Venezuelan and Ukrainian nationals. Prior to the transmission of this biographic information to CBP for this purpose, the beneficiary will be requested to confirm electronically the accuracy of the biographic information provided on their behalf by the respondent.

Because the paper and online versions have distinct uses and apply to separate populations, USCIS is considering future updates to this information collection to separate the online version of Form I-134 under its own OMB control number.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

This information collection provides the most efficient means for gathering and processing information about whether certain noncitizens have financial support to pay for expenses that arise during their temporary stay in the United States. With this emergency revision Form I-134 can be filed electronically online only by certain individuals on behalf of noncitizens seeking parole into the United States for urgent humanitarian reasons or significant public benefit under the United for Ukraine process. This emergency request also seeks to expand the online form use to include filing Form I-134 on behalf of noncitizens from Venezuela and their immediate family members, who will be seeking parole into the United States under special parole processes.

For respondents filling for beneficiaries from countries other than Ukraine and Venezuela, the paper-version of Form I-134 is available as a fillable PDF on the USCIS website at uscis.gov/i-134 . It can be completed electronically, printed, signed, and submitted to U.S. Citizenship and Immigration Services (USCIS) by mail. Form I-134 can also be filed with DOS. See www.travel.state.gov for more information on filing.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

A search of USCIS’ automated forms tracking system revealed no duplication. There is no similar data collected.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

This collection of information does not have an impact on small businesses or other small entities.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If the information is not collected, USCIS would not be able to determine whether certain noncitizens seeking to come to the United States temporarily have sufficient financial support to cover expenses for the duration of their stay in the United States.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the agency more often than quarterly;

• Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• Requiring respondents to submit more than an original and two copies of any document;

• Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

This information collection is conducted in a manner consistent with the guidelines in 5 CFR 1320.5(d)(2).

8. If applicable, provide a copy and identify the data and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

USCIS is seeking emergency approval under 5 CFR 1320.13 and, as such, has not yet published a notice in the Federal Register. Public comments will be solicited, and this information collection request will go through a normal Paperwork Reduction Act (PRA) approval process, including a response to all comments received from the public, no later than six months after the approval of this emergency request.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

USCIS does not provide any payment for benefit sought.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation or agency policy.

There is no assurance of confidentiality.

This collection is covered under the following Privacy Impact Assessments:

• DHS/USCIS/PIA-051 - Case and Activity Management for International Operations (CAMINO);

• DHS/USCIS/PIA-003 - Integrated Digitization Document Management Program (IDDMP);

• DHS/CBP-024 - Arrival and Departure Information System

• DHS/CBP-068 - CBP One Mobile Application

• DHS/USCIS/PIA-056(a) - USCIS Electronic Information System (USCIS ELIS); and,

• DHS/USCIS/PIA-071 - myUSCIS Account Experience.

The collection is covered under the following System of Records Notices:

• DHS/USCIS/ICE/CBP-001 - Alien File, Index, and National File Tracking System of Records November 21, 2013, 78 FR 69864;

• DHS/USCIS-007 - Benefits Information System September 29, 2008, 73 FR 56596; and

• DHS/USCIS-018 - Immigration Biometric and Background Check July 31, 2018, 83 FR 36950.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

This information collection contains questions that are of a sensitive nature. Respondents must provide information and records about personal income and financial resources. This information is necessary to establish that the beneficiary named on Form I-134 has sufficient financial resources to pay for expenses during their temporary stay in the United States.

Under this emergency processing request, USCIS seeks to collect the respondent’s U.S. social security number (SSN) to facilitate and expedite the confirmation of the sufficiency of the filing of Form I-134(online). USCIS personnel conduct background security checks on U.S. Citizens and Lawful Permanent Residents for the purpose of determining whether either respondent has demonstrated that they have sufficient financial resources to support the beneficiary during their stay in the United States. The SSN information is used to establish and corroborate their identity, as not all respondents who file Form I-134 (online) have a passport or A-number. Additionally, some of the U.S. Citizens or Lawful Permanent Residents may create multiple separate USCIS accounts to file online Forms I-134 on behalf of beneficiaries and there is not a unique identifier to merge these accounts. In addition, in this limited circumstance the SSN is critical to linking USCIS accounts to help determine whether the respondent has sufficient resources to support each beneficiary on whose behalf the respondent has submitted a Form I-134. Collecting the respondent’s SSN is a critical tool for making accurate sufficiency decisions.

Again, under emergency approval, USCIS is also adding a data element for sex to the Form I-134 (online). USCIS will evaluate and the U.S. Citizen or Lawful Permanent Resident to determine whether that person poses a public safety or national security risk to the person for which they are applying to support. USCIS will use this biographic identifier to query the holdings of interagency and intelligence community partners, and as needed, to query state, local, or international agencies. Name, DOB, and sex are the three most important identifiers for biographic searches or queries. Sex will be used to verify identity and to confirm information relates when records are found. This is applicable to nearly all required and as needed (ad hoc) system checks. DHS also searches public and private sector databases that use sex as an identifier. USCIS has found multiple instances of predominantly male supporters submitting Form I-134 to support much younger female and child beneficiaries. The gender data element will be critical in our efforts to make sure the parole processes that require the Form I-134 (online) are not used to facilitate human trafficking. By adding this data element, DHS will be able to quickly identity, through systematic checks, trends and other indicators in the filings of Form I-134 supporters and proposed beneficiaries that may reveal patterns commonly associated with human trafficking and transnational criminal activity. This will provide DHS additional tools to identity potential cases that require further investigation prior to confirmation of a Form I-134 or for which DHS may initiate an interview with a prospective supporter to ascertain the bases for their agreement to financially support certain individuals. Finally, the capture of the sex data element is also consistent with the U.S. recognition policy for certain passports and identity documents issued by those foreign countries that allow an individual to indicate a non-binary assignment or gender-neutral option. As this is a temporary emergency collection, DHS intends to amend the paper form in the forthcoming months to bring the information collections into full parity.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

		A	B	C (=AxB)	D	E (=CxD)	F	(=ExF)
Type of Respondent	Form Name / Form Number	#. of Respondents	#. of Responses per Respondent	# of Responses	Avg. Burden per Response (in hours)	Total Annual Burden (in hours)	Avg. Hourly Wage Rate*	Total Annual Respondent Cost
Individuals and Households	Declaration of Financial Support, Form I-134 (paper)	2,500	1	2,500	2	5,000	$40.89	$187,756
Individuals and Households	Form I-134 (online)***	130,000	1	130,000	1.94	251,983	$40.89	$10,303,599
Total				132,500**		256,983		$10,508,049

* The above Average Hourly Wage Rate is the May 2021 Bureau of Labor Statistics average wage for All Occupations of $28.01 times the wage rate benefit multiplier of 1.46 (to account for benefits provided) equaling $40.89. The selection of “All Occupations” was chosen because respondents to this collection could be expected from any occupation.

** The estimated number of respondents includes receipts of Form I-134 by both USCIS and Department of State.

*** The beneficiary named on the I-134(online) will be asked to confirm electronically that the biographic information provided on the I-134 by the respondent/supporter is accurate. USCIS does not anticipate that this will pose more than a negligible burden on the beneficiary, but will seek comment on this assumption.

As a result of the expansion to Venezuelan beneficiaries, the estimated number of respondents using this form to apply for parole will increase from 50,000 to 130,00 (+80,000) to account for the expectation that more than 80,000 respondents will file the online version of the USCIS Form I-134. Even though the program is limited to the number of approved filings, based on DHS findings, that the number of Venezuelans presenting at the border totaled about 16,000 in FY2022, but the numbers had rapidly increased in August and September of 2022. USCIS estimates 20,000 filings a month, multiplied by 12 months, would equal 240,000 annual submissions for the online form. However, with the program currently capped at a lower level of 24,000 approvals, USCIS will estimate that the 3-year average may be closer to 80,000 a year and may revise this number in the future if program changes occur. By updating Form I-134 (online) with specific data requirements and enabling online filing for additional individuals, USCIS should be able to streamline processing efficiencies of these populations.

13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995; (2) to achieve regulatory compliance with requirements not associated with the information collection; (3) for reasons other than to provide information or keep records for the government; or, (4) as part of customary and usual business or private practices.

There are no capital, start-up, operational or maintenance costs associated with this collection of information. There is no fee cost to respondents for filing these requests. USCIS, however, estimates that respondents will incur an estimated cost of $4.25 average postage cost for each respondent to submit the completed I-134 (paper) package to USCIS.

Postage to mail completed package (2,500 x $4.25 average postage) = $10,625 (total annual cost burden to respondents).

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

USCIS establishes its fees using an activity-based costing model to assign costs to an adjudication based on its relative adjudication burden and use of USCIS resources. Fees are established at an amount that is necessary to recover these assigned costs, plus an amount to recover unassigned overhead (which includes the suggested average hourly rate for clerical, officer, and managerial time with benefits) and immigration benefits provided for free. USCIS uses the fee associated with an information collection as a reasonable measure of the collection’s costs to USCIS, since these fees are based on resource expenditures related to the benefit in question. In addition, this figure includes the estimated overhead cost for printing, stocking, distributing and processing of this form.

The estimated cost to the Government is $8,566,125. This figure is calculated by multiplying the estimated number of respondents (132,500) by the time required to adjudicate the form (1 hour), which is multiplied by the average hourly rate of USCIS adjudicators ($64.65), for a total of $8,566,125.

15. Explain the reasons for any program changes or adjustments reporting in Items 13 or 14 of the OMB Form 83-I.

In this emergency revision action, USCIS is uniquely revising the online Form I-134 in several ways, and USCIS will review the need to update or change other forms independently of this form submission. First, USCIS is revising the question of “gender” for the noncitizen beneficiary to now ask for “sex,” instead. In accordance with this Administration’s stated goal of advancing gender equity and equality, USCIS is also including a third response option for sex (“X”) in addition to “M” or “F.” Next, USCIS will now be asking for the sex of the US-based supporter on the online version of the form, also with three response options (“M,” “F,” and “X”). The form instructions for both questions have also been updated to explain that the applicant should select the sex that matches their official travel documents.

Second, a new drop-down option has been added to the online form to allow applicants to indicate if the beneficiary is either from “Ukraine” or “Venezuela.” This change is important as the only two approved uses of the online form are for noncitizens from either country. The beneficiary named on the I-134 (online) will be asked to confirm electronically that the biographic information provided on the I-134 (online) by the respondent/supporter is accurate. USCIS does not anticipate that this will pose more than a negligible burden on the beneficiary but will seek comment on this assumption in the subsequent revision that will be conducted within 6 months of the approval of this submission to OMB-OIRA.

Finally, this emergency revision includes clarifying instructions to expand filing options for certain individuals applying for parole and align with CBP Advance Travel Authorization (ATA) capability within the CBP One^TM.

USCIS requests emergency approval to add “Venezuela” as an eligible country for the reasons described in Question 1 above. USCIS requests emergency approval to also require “sex” and “SSN” to support the Venezuelan parole process as supported in the response to the above Question 11. USCIS will obtain public comment on the need to capture these two data elements from the U.S. Citizen or Lawful Permanent Resident in the Federal Register Notices to be published within 6 months of approval of this submission before making these two data elements permanent requirements. They are currently only approved on emergency basis and continued collection will be dependent on USCIS showing a continued need to collect the data.

Data collection Activity/Instru-ment (in hours)	Program Change (hours currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (hours currently on OMB Inventory)	Adjustment (New) [new minus current]	Difference
Form I-134 (paper)				5,000	5,000	0
Form I-134 (online)	91,500	251,983	160,483
Total(s)	91,500	251,983	160,483	5,000	5,000	0

USCIS is reporting an increase of 160,483 hours in the estimated annual hour burden to respondents for this collection of information. This increase is the result of an incremental expansion of the categories of respondents who can file the information collection online.

Data collection Activity/Instru-ment (in hours)	Program Change (Cost currently on OMB Inventory)	Program Change (New)	Difference	Adjustment (Cost currently on OMB Inventory)	Adjustment (New) [new minus current]	Difference
Form I-134 (paper)				$10,625	$10,625	$0
Form I-134 (online)				$212,500	$0	-$212,500
Total(s)				$223,125	$10,625	-$212,500

USCIS is reporting a decrease of $212,500 in the estimated annual cost burden to respondents for this collection of information. This decrease is the result of a large increase in the number of respondents that will be using the online process to file the information collection and not mailing paper forms.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

This information collection will not be published for statistical purposes.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

USCIS will display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19, “Certification for Paperwork Reduction Act Submission,” of OMB 83-I.

USCIS does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods.

There is no statistical methodology involved with this collection.

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