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Supporting Statement
1651-0143
A. Justification
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.
The Department of Homeland Security (DHS) established new parole processes to allow certain noncitizens and their qualifying immediate family members1 to request advance authorization to travel to the United States to seek a discretionary grant of parole. To support these processes, U.S. Customs and Border Protection (CBP) developed the Advance Travel Authorization (ATA2) capability, which allows individuals to submit information within the CBP One™ application as part of the process. Initially, this capability was utilized by Venezuelan citizens and their qualifying immediate family members seeking authorization to travel to the United States under the DHS established parole process for Venezuelans, and was later expanded to include those individuals seeking to travel to the United States pursuant to the DHS-established parole processes for citizens of Cuba, Haiti, and Nicaragua. Additionally, participation is limited in the ATA capability to those individuals who meet certain DHS-established criteria, including but not limited to, possession of a valid, unexpired passport, as well as having an approved U.S.-based supporter. Each process also has additional eligibility requirements, which are outlined in the relevant Federal Register Notices.3
On July 11, 2023, DHS expanded this collection to include certain undocumented noncitizens from Cuba, Haiti, Honduras, El Salvador, Colombia, and Guatemala as part of the newly established FRP processes.
ATA requires the collection of a facial photograph via CBP One™ from those noncitizens who voluntarily elect to participate in the process to provide accurate identity information for completion of vetting in advance of issuance of a travel authorization.
This Emergency Revision:
CBP proposes to allow individuals seeking to travel to the United States as part of the FRP process for certain nationals of Ecuador to use the existing ATA capability to submit information to CBP. The FRP process would begin with an invitation being sent to a petitioner who previously received an approved Form I-130, Petition for Alien Relative, on behalf of the potential principal beneficiary, and if applicable, the beneficiary’s accompanying derivative beneficiaries. The petitioner would then submit a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on behalf of the potential principal beneficiary, and if applicable, the beneficiary’s accompanying derivative beneficiaries. For those petitioners whose Form I-134A is confirmed by USCIS, the beneficiaries will receive an email with instructions to create an online account with myUSCIS. There, the potential beneficiary will confirm their biographic information and complete attestations, and then receive instructions to download the CBP One mobile application to continue through the process. USCIS will send the biographic information to CBP. Additionally, once the beneficiary completes their CBP One submission, utilizing the ATA capability, CBP will conduct vetting, and if appropriate, issue an advance authorization to travel. The information collected as part of these new processes is the same as that which is already collected from other populations through ATA. This information collection will facilitate the vetting of noncitizens seeking to obtain advance authorization to travel and will give air carriers that participate in CBP’s document validation program the ability to validate an approved travel authorization, facilitating generation of a noncitizen’s boarding pass without having to use other manual validation processes.
As a result of these emergency changes, CBP expects an increase of 10,600 responses, annually, for a total burden hour increase of 1,770 hours annually. More information about the burden change estimates can be found in Question 15.
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.
This information is used by CBP to vet against selected security and law enforcement databases available to DHS and other federal agencies, for national security, border security, public health and safety. CBP conducts this vetting to determine whether the individual poses a security risk to the United States, and to determine whether the individual is eligible to receive advance authorization to travel to the United States to seek parole. DHS will limit use and sharing of the photograph to what is strictly necessary to perform this vetting. Any potential travel authorization denials resulting from facial photograph matches against these databases or mismatches to confirm identity will be verified by a CBP officer before the travel authorization is denied. DHS will retain the facial photograph for the duration of the travel authorization validity, but no more than 180 days, and ensure that it is deleted from all DHS and other agency databases after that time unless the photograph matches against national security or law enforcement databases, as verified by CBP personnel.
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.
The information is submitted to CBP via the CBP OneTM mobile application, which the individual can access to provide basic biographic information and a facial photograph. This biographic information is provided solely to verify that the individual accessing the specific functionality within CBP OneTM has a USCIS-approved U.S.-based supporter, has verified their biographic information, and has attested to DHS required attestations related to process eligibility criteria.
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.
This information is not duplicated in any other place or any other form.
5. If the collection of information impacts small businesses or other small entities describe any methods used to minimize burden.
This information collection does not have an impact on small businesses or other small entities.
6. Describe consequences to Federal program or policy activities if the collection is not conducted or is conducted less frequently.
Failure to collect this information would prevent CBP from having access to information needed to conduct vetting to ascertain security and safety risks posed by individuals requesting advance authorization to travel to the United States to seek parole.
7. Explain any special circumstances.
This information is collected in a manner consistent with the guidelines of 5 CFR 1320.5(d)(2).
8. If applicable, provide a copy and identify the date 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.
Public comments will be solicited within 90 days of OMB’s approval of this emergency revision, 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.
There is no offer of a monetary or material value for this information collection.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
The DHS/CBP/PIA-073 Advance Travel Authorization (ATA) documents the general workflow of the ATA process and the information collected, stored, and used at each step. CBP added Appendix B to DHS/CBP/PIA-073 to document the FRP process. In addition to the standalone PIA, Appendix A of the DHS/CBP/PIA-068 CBP One Mobile Application provides transparency on the use of the CBP One mobile application as part of the ATA process. The System of Record Notice (SORN) that governs this information collection is the ATS SORN (DHS/CBP-006 Automated Targeting System, May 22, 2012, 77 FR 30297), which permits collection of information from persons, including operators, crew, and passengers, who seek to, or do in fact, enter, exit, or transit through the United States or through other locations where CBP maintains an enforcement or operational presence by land, air, or sea. Information submitted by noncitizens seeking advance authorization to travel to the United States to seek parole is broadly covered by the ATS SORN. CBP uses the advance information to compare it against law enforcement and intelligence databases to identify individuals and cargo requiring additional scrutiny, which aligns to the border security mission of DHS. DHS will limit use and sharing of the photograph to what is strictly necessary to perform this vetting. Any potential travel authorization denials resulting from facial photograph matches against these databases or mismatches to confirm identity will be verified by a CBP officer before the travel authorization is denied. DHS will retain the facial photograph for the duration of the travel authorization validity, but no more than 180 days, and ensure that it is deleted from all DHS and other agency databases after that time unless the photograph matches against national security or law enforcement databases, as verified by CBP personnel.
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.
There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information.
INFORMATION COLLECTION |
TOTAL ANNUAL BURDEN HOURS |
NO. OF RESPONDENTS |
NO. OF RESPONSES PER RESPONDENT |
TOTAL RESPONSES |
TIME PER RESPONSE |
Venezuela |
17,517 |
104,894 |
1 |
104,894 |
10 minutes (0.167 hours) |
Nicaragua |
15,287 |
91,539 |
1 |
91,539 |
10 minutes (0.167 hours) |
Cuba (CHNV) |
20,615 |
123,442 |
1 |
123,442 |
10 minutes (0.167 hours) |
Haiti (CHNV) |
5,031 |
30,125 |
1 |
30,125 |
10 minutes (0.167 hours) |
Cuba (FRP) |
2,000 |
12,500 |
1 |
12,500 |
10 minutes (0.167 hours) |
Haiti (FRP) |
2,000 |
12,500 |
1 |
12,500 |
10 minutes (0.167 hours) |
Colombia |
2,000 |
12,500 |
1 |
12,500 |
10 minutes (0.167 hours) |
El Salvador |
2,000 |
12,500 |
1 |
12,500 |
10 minutes (0.167 hours) |
Honduras |
2,000 |
12,500 |
1 |
12,500 |
10 minutes (0.167 hours) |
Guatemala |
2,000 |
12,500 |
1 |
12,500 |
10 minutes (0.167 hours) |
Ecuador |
1,770 |
10,600 |
1 |
10,600 |
10 minutes (0.167 hours) |
Total ATA Process |
72,220 |
435,600 |
1 |
435,600 |
10 minutes (0.167 hours) |
Public Cost
The table above provides an estimate of the total annual number of respondents CBP anticipates, broken down by country for each parole process. CBP estimates that the increase in ATA submissions due to extending the FRP to Ecuador will be 10,600 per year. This expected increase is based on the USCIS estimate of the number of Form I-134A submissions. USCIS expects this number will be greater than the number of invitations anticipated to be sent to Form I-130 petitioners because multiple family members can be associated with each Form I-130 petition. USCIS expects that the Department of State will issue a total of 4,800 invitations to petitioners of approved Form I-130s. USCIS used the estimator of 2.2 beneficiaries per invite to estimate the number of Form I-134A respondents. CBP estimates that, at the high end, the number of ATA submissions to equal the number of Forms I-134A. This estimate may represent an over-estimate depending on eligibility for consideration and actual interest in each parole process. This breakdown does not suggest a limit or numerical cap for each country; rather, it represents CBP’s best guess as to the approximate annual number of responses and how they may be distributed; the individual number for each country is subject to change based on operational and other factors.
The estimated cost to the respondents is $3,401,562. This is based on the estimated burden hours (72,220) multiplied by the average hourly wage rate for all-purpose air travelers ($47.10). CBP used the U.S. Department of Transportation’s (DOT) recommended hourly value of travel time savings for intercity, all-purpose travel by air and high-speed rail, which is provided in 2015 U.S. dollars. CBP assumes an annual growth rate of 0 percent; the 2015 U.S. dollar value is equal to the 2022 U.S. dollar value.4
13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information.
There are no record keeping, capital, start-up or maintenance costs associated with this information collection.
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.
It is estimated that 70% of submissions received will be approved automatically by the system, and 30% of the submissions will be reviewed manually by a CBP Officer.
The estimated annual cost to the Federal Government associated with the review of these submissions is $2,928,982. This is based on the number of responses that must be reviewed manually (130,680) multiplied by the time burden to review and process each response (0.33 hours) = 43,124 hours multiplied by the average hourly loaded rate for a CBP Officer ($67.92)5 = $2,928,982.
15. Explain the reasons for any program changes or adjustments reported in Items 12 or 13.
The changes in Item 12 are explained in that Item and at the bottom of Item 1, under the heading, “This Emergency Revision.” Through this emergency revision and accompanying Federal Register notice (FRN), DHS plans to establish a new FRP process for certain Ecuadorian beneficiaries of approved Form I-130, Petition for Alien Relative. As a result of this change, CBP estimates the number of respondents will increase by 10,600 responses annually, from 425,000 to 435,600, resulting in the total annual burden increasing from 70,450 to 72,220 hours, an increase of 1,770 hours.
There is no change to the information being collected or the method of submission.
16. For collection of information whose results will be published, outline plans for tabulation, and publication.
This information collection will not be published for statistical purposes.
17. If seeking approval to not display the expiration date, explain the reasons that displaying the expiration date would be inappropriate.
CBP will display the expiration date for OMB approval of this information collection.
18. “Certification for Paperwork Reduction Act Submissions.”
CBP does not request an exception to the certification of this information collection.
No statistical methods were employed.
1 Immediate family members include spouse or common law spouse and unmarried children under the age of 21. Eligible family members must travel with the principal noncitizen to be processed under a parole process for Cubans, Haitians, Nicaraguans, and Venezuelans upon arrival in the United States. Unaccompanied children are not eligible for this process.
2 The ATA capability, as used throughout this document, references the technical process that is accessed by noncitizens as part of the DHS-established parole processes for Cuban, Haitian, Nicaraguan, and Venezuelan nationals.
3 See Implementation of a Parole Process for Venezuelans, 87 Fed. Reg. 63,507 (Oct. 19, 2022); Implementation of Changes to the Parole Process for Venezuelans, 88 Fed. Reg. 1,279 (Jan. 9, 2023); Implementation of a Parole Process for Haitians, 88 Fed. Reg. 1,243 (Jan. 9, 2023); Implementation of a Parole Process for Nicaraguans, 88 Fed. Reg. 1,255 (Jan. 9, 2023); and Implementation of a Parole Process for Cubans, 88 Fed. Reg. 1,266 (Jan. 9, 2023)
4 Source: U.S. Department of Transportation, Office of Transportation Policy. The Value of Travel Time Savings: Departmental Guidance for Conducting Economic Evaluations Revision 2 (2016 Update), “Table 4 (Revision 2 - 2016 Update): Recommended Hourly Values of Travel Time Savings for Intercity, All-Purpose Travel by Air and High-Speed Rail.” September 27, 2016. Available at https://www.transportation.gov/sites/dot.gov /files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf. Accessed May 25, 2022.
5 CBP bases this wage on the FY 2022 salary and benefits of the national average of CBP Officer Positions, which is equal to a GS-11, Step 10. Source: Email correspondence with CBP’s Office of Finance on June 27, 2022.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | SIMON, BRITTANY K |
| File Modified | 0000-00-00 |
| File Created | 2023-11-16 |