60-Day Notice of Proposed Information Collection: Public Charge Questionnaire
| Published date | 24 October 2019 |
| Citation | 84 FR 57142 |
| Record Number | 2019-23219 |
| Section | Notices |
| Court | State Department |
Federal Register, Volume 84 Issue 206 (Thursday, October 24, 2019)
[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57142-57143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23219]
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DEPARTMENT OF STATE
[Public Notice: 10932]
60-Day Notice of Proposed Information Collection: Public Charge
Questionnaire
ACTION: Notice of request for public comment.
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SUMMARY: The Department of State (``Department'') is seeking Office of
Management and Budget (OMB) approval for the information collection
described below. In accordance with the Paperwork Reduction Act of
1995, we are requesting comments on this collection from all interested
individuals and organizations. The purpose of this notice is to allow
60 days for public comment preceding submission of the collection to
OMB.
DATES: The Department will accept comments from the public up to
December 23, 2019.
ADDRESSES: You may submit comments by any of the following methods:
Web: Persons with access to the internet may comment on
this notice by going to www.Regulations.gov. You can search for the
document by entering ``Docket Number: DOS-2019-0037'' in the Search
field. Then click the ``Comment Now'' button and complete the comment
form.
Email: [email protected].
You must include the DS form number (if applicable), information
collection title, and the OMB control number in any correspondence.
FOR FURTHER INFORMATION CONTACT: Direct requests for additional
information regarding the collection listed in this notice, including
requests for copies of the proposed collection instrument and
supporting documents to Megan Herndon, who may be reached over
telephone at (202) 485-7586 or email at [email protected].
SUPPLEMENTARY INFORMATION:
Title of Information Collection: Public Charge
Questionnaire.
OMB Control Number: New Collection.
Type of Request: New Collection.
Originating Office: Bureau of Consular Affairs, Visa
Office (CA/VO).
Form Number: DS-5540.
Respondents: Immigrant visa applicants, including
diversity visa applicants, and certain nonimmigrant visa applicants.
Estimated Number of Respondents: 450,500.
Estimated Number of Responses: 450,500.
Average Time per Response: 60 minutes (10 minutes for
applicants completing only questions 4 and 4A, estimated to be 500 of
the 450,500 total applicants).
Total Estimated Burden Time: 450,084 hours.
Frequency: Once per respondent's application.
Obligation to respond: Required to Obtain or Retain a
Benefit.
We are soliciting public comments that assist the Department in:
Evaluating whether the proposed information collection is
necessary for the proper functions of the Department;
Evaluating the accuracy of our estimate of the time and
cost burden of this proposed collection, including the validity of the
methodology and assumptions used;
Enhancing the quality, utility, and clarity of the
information to be collected; and,
Minimizing the reporting burden on those who are to
respond, including the use of automated collection techniques or other
forms of information technology.
Please note that comments submitted in response to this Notice are
public record. Before including any detailed personal information, you
should be aware that your comments as submitted, including your
personal information, will be available for public review.
Abstract of Proposed Collection
The Department seeks to better ensure that aliens subject to the
public charge inadmissibility ground are self-sufficient and will not
rely on public resources to meet their needs, but rather, will rely on
their own capabilities, as well as the resources of sponsors. Through
the DS-5540, the Department will collect information in a standardized
format regarding applicants' ability to financially support themselves
following entry into the United States, without depending on government
assistance. Fields primarily pertain to the applicant's health, family
status, assets, resources, financial status, education, skills, health
insurance coverage, and tax history. The DS-5540 would also require
applicants to provide information on whether they have received certain
specified public benefits from a U.S. Federal, state, local or tribal
government entity on or after October 15, 2019. Consular officers will
use the completed forms in assessing whether an applicant is likely to
become a public charge, and is thus ineligible for a visa under section
212(a)(4)(A) of the Immigration and Nationality Act (``INA''). This
collection is consistent with the burden of proof on applicants
[[Page 57143]]
under section 291 of the INA to establish that they are eligible to
receive a visa, including that they are not inadmissible under any
provision of the INA.
Sponsors of immigrant visa applicants must currently provide
information regarding their ability to financially support the
applicant on an I-864, Affidavit of Support, which consular officers
use in considering whether the applicant is likely to depend on certain
forms of government assistance. Visa applicants provide limited
optional input on the I-864 regarding their assets. The DS-5540 will be
used to collect more detailed information on an applicant's ability to
support himself or herself. Consular officers will use the information
to assess whether the applicant is likely to become a public charge,
based on the totality of the circumstances.
Applicants for immigrant visas, including diversity visas, will be
required to complete the DS-5540, except for categories of applicants
that are exempt from the public charge ground of inadmissibility. The
exempted categories are listed in 8 CFR 212.23(a). Exempted categories
include applicants seeking immigrant visas based on qualified service
to the U.S. government as an interpreter in Afghanistan or Iraq, visas
based on a self-petition under the Violence Against Women Act, and
visas for special immigrant juveniles. Additionally, a consular officer
has discretion to require a nonimmigrant visa applicant to complete the
DS-5540, when the officer determines the information is needed, for
example, if the officer is not satisfied, based on other available
information, that the applicant would be self-sufficient during his or
her period of stay. A consular officer may also request any immigrant
visa applicant not subject to public charge, but subject to The
Presidential Proclamation on the Suspension of Entry of Immigrants Who
Will Financially Burden the United States Healthcare System (Oct. 4,
2019), to complete questions 4 and 4A from Form DS-5540 to establish
that the applicant will be covered by an approved health insurance plan
within 30 days of entry into the United States, or that the applicant
possesses sufficient financial resources to cover reasonably
foreseeable medical costs.
Methodology
The DS-5540 will be available online in fillable PDF format.
Immigrant visa applicants will download the completed form and then
upload and submit the completed DS-5540 and other supporting
documentation as a part of their immigrant visa application through the
Consular Electronic Application Center (CEAC). Nonimmigrant visa
applicants who are required to submit this form will be able to do so
via email or in hard copy.
Carl C. Risch,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2019-23219 Filed 10-23-19; 8:45 am]
BILLING CODE 4710-06-P
