Supporting Statement for
Exchange Visitor Waiver Review Board
OMB#0990-0001
Heber C. Willis, III
Department of Health and Human Services
Office of Global Health Affairs
330 C Street, S.W.; Suite 2008
Washington, DC 20201
Phone: (202) 691-2073
Email: Heber.Willis@hhs.gov
Version: 01/20
Supporting Statement for Exchange Visitor Waiver Review Board
OMB#0990-0001
A. Justification
Circumstances Making the Collection of Information Necessary
The Office of Global Affairs (OGA) requests that OMB approves an extension on a previous approved collection, OMB # 0990-0001. Under the authority of the Mutual Educational and Cultural Exchange Act of 1961 (75Stat.527) and the Immigration and Nationality Act as amended (843 Stat.166), the Department of Health and Human Services acts as an interested U.S. Government agency. HHS submits its recommendation to approve a waiver request to the Department of State (DoS). Then the DoS submits its approval recommendation to the U.S. Citizens and Immigration Service (USCIS). USCIS is the agency authorized to grant an official waiver of the two-year foreign residence requirement for exchange visitors under the Mutual Educational and Cultural Exchange Program. The Department’s responsibilities are carried out by the Exchange Visitor Waiver Review Board in accordance with regulations published in 45 CFR Part 50 on December 19, 2002. OGA requests approval for the application form HHS 426 and the supplementary information instructions Supplement A Research and Supplement B Clinical Care.
The J-l visa is an exchange visa which carries a two-year return home requirement.
The Department uses form HHS 426 and supplementary information sheets Supplement A-Research and Supplement B-Clinical Care to make a determination, in accordance with its published regulations, as to whether or not to recommend waiver of the two-year foreign residence requirement to the Department of State.
Purpose and Use of Information Collection
The HHS program deals with both research and clinical care waivers. Applicant institutions apply to this Department to request a waiver on behalf of research scientists or foreign medical graduates to work as clinicians in HHS designated health shortage areas doing primary care in medical facilities. The instructions request a copy of Form G-28 from applicant institutions represented by legal counsel outside of the applying institution. United States Department of Justice Form G-28 ascertains that legal counsel represents both the applicant organization and the exchange visitor.
Use of Improved Information Technology and Burden Reduction
Technology is not currently used to collect this information. An existing SharePoint account was considered for processing applications, however it was determined to not be practical for exchanging this information between OGA and NIH. This decision had no adverse effect on the estimated annualized burden hours. Each applicant is asked to submit a backup pdf disk copy of the application as well as the paper copy, in the event that the paper copy is lost.
Efforts to Identify Duplication and Use of Similar Information
Applications must be submitted on a case by case basis, and this information does not duplicate another information collection. This is the only information collection in use by the Department which is related to the application for waiver of the two-year foreign residence requirement for exchange visitors under the Mutual Educational and Cultural Exchange Program. There is no similar information available.
Impact on Small Businesses or Other Small Entities
Submission of the application is voluntary. The form and supplemental instructions were designed to impose minimal burden on all respondents.
Consequences of Collecting the Information Less Frequent Collection
The application is submitted on a voluntary, one time basis. If the application is denied by the Exchange Visitor Waiver Review Board after the initial review, additional information is submitted for reconsideration. Information is not collected.
Special Circumstances Relating to the Guidelines of 5 CFR 1320.5
There are no special circumstances involving this information collection.
Comments in Response to the Federal Register Notice/Outside Consultation
A Federal Register Notice was published November 5, 2019; Volume 84, page 59628. There were no public comments received.
Explanation of any Payment/Gift to Respondents
Respondents are not given any retribution for responding to the collection.
Assurance of Confidentiality Provided to Respondents
Data will be kept private to the extent allowed by law.
Justification for Sensitive Questions
There are no sensitive questions asked of applicants. Questions include current work history, name, address and visa status of the applicant and immediate family.
Estimates of Annualized Hour and Cost Burden
The Board has routinely received approximately 45 research applications a year. The estimate for clinical care applications is an additional 35 applications per year. It takes approximately 10 hours to prepare and assemble the required information and complete each form, which includes obtaining various signatures. This represents 800 total hours of respondent burden.
12A. Estimated Annualized Burden Hours
Type of Respondent
|
Form Name
|
No. of Respondents |
No. Responses per Respondent |
Average Burden per Response (in hours) |
Total Burden Hours |
Application Waiver /Supplemental A Research
|
HHS 426 |
45 |
1 |
10 hours |
450 |
Application Waiver /Supplemental B Clinical Care
|
HHS 426 |
35 |
1 |
10 hours |
350 |
Total |
|
|
|
|
800
|
12B. Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost to the federal government for contracting out or paying outside parties for information collection activities should not be included here. Instead this cost should be included in Item 14. The Department of Labor website can be used to determine appropriate wage rates for respondents.
Estimated Annualized Burden Costs
Form Name
|
Total Burden Hours
|
Hourly Wage Rate
|
Total Respondent Costs
|
426 |
450 |
10.00 |
$4500 |
426 |
350 |
10.00 |
$3500 |
Total |
|
|
$8000.00 |
Estimates of other Total Annual Cost Burden to Respondents or Recordkeepers/Capital Costs
We estimate that if the applicant organization voluntarily retains the services of an attorney to prepare the application, their costs could range from $200 to $350 per hour. Using a figure of approximately 10 hour’s preparation time, the cost could range from $2,000.00 to $3,500.00 or whatever the going rate from immigration attorneys might be per case. Estimating that approximately one half of all the cases will be handled by an attorney; $250.00 per hour x 10 hours =100, 000.00 based on 40 cases. It is not necessary to hire an attorney to file the case.
Annualized Cost to Federal Government
One HHS staff member serves as Executive Secretary to the Board devoting approximately 800 hours annually to the work of the Board. The Chairman of the Board spends approximately 20 hours annually on the Boards work and the seven Board members spend approximately 140 each. In addition, NIH/HHS agency staff review applications and make recommendation the Board members, which represents a burden of approximately 900 hours and 405 administrative hours.
The portion of this program devoted to clinical care positions requires funding for one FTE, for a total annualized cost of approximately $414,000.
Explanation for Program Changes or Adjustments
No changes to this program have been made.
Plans for Tabulation and Publication and Project Time Schedule
Not applicable. The results will not be published for statistical use.
Reason(s) Display of OMB Expiration Date is Inappropriate
We are seeking OMB approval to not display the expiration date. Respondents may be confused if the only available forms have an expiration date indicating they are obsolete.
Exceptions to Certification for Paperwork Reduction Act Submissions
There are no exceptions to the certification.
Not applicable.
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| File Modified | 0000-00-00 |
| File Created | 0000-00-00 |