30-Day Notice of Proposed Information Collection: Petition To Classify Special Immigrant Under INA 203(b)(4) as an Employee or Former Employee of the U.S. Government Abroad, or the Surviving Spouse or Child of an Employee of the U.S. Government Abroad
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. 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 30 days for public comment.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 204 (Monday, October 24, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Pages 64302-64303]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23070]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 11888]
30-Day Notice of Proposed Information Collection: Petition To
Classify Special Immigrant Under INA 203(b)(4) as an Employee or Former
Employee of the U.S. Government Abroad, or the Surviving Spouse or
Child of an Employee of the U.S. Government Abroad
ACTION: Notice of request for public comment and submission to OMB of
proposed collection of information.
-----------------------------------------------------------------------
SUMMARY: The Department of State has submitted the information
collection described below to the Office of Management and Budget (OMB)
for approval. 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
30 days for public comment.
[[Page 64303]]
DATES: Submit comments up to November 23, 2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
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 Tonya Whigham who may be reached at
<a href="/cdn-cgi/l/email-protection#78282a39273a0d0a1c1d163b1715151d160c0b380b0c190c1d561f170e"><span class="__cf_email__" data-cfemail="c29290839d80b7b0a6a7ac81adafafa7acb6b182b1b6a3b6a7eca5adb4">[email protected]</span></a> or at 202-485-7586.
SUPPLEMENTARY INFORMATION:
<bullet> Title of Information Collection: Petition to Classify
Special Immigrant Under INA 203(b)(4) as an Employee or Former Employee
of the U.S. Government Abroad, or the Surviving Spouse or Child of an
Employee of the U.S. Government Abroad.
<bullet> OMB Control Number: 1405-0082.
<bullet> Type of Request: Extension of a Currently Approved
Collection.
<bullet> Originating Office: CA/VO.
<bullet> Form Number: DS-1884.
<bullet> Respondents: Aliens petitioning for immigrant visas under
INA 203(b)(4) as a special immigrant described in INA section
101(a)(27)(D).
<bullet> Estimated Number of Respondents: 600.
<bullet> Estimated Number of Responses: 600.
<bullet> Average Time per Response: 10 minutes.
<bullet> Total Estimated Burden Time: 100 hours.
<bullet> Frequency: Once per petition.
<bullet> Obligation to Respond: Required to Obtain or Retain a
Benefit.
We are soliciting public comments to permit the Department to:
<bullet> Evaluate whether the proposed information collection is
necessary for the proper functions of the Department.
<bullet> Evaluate the accuracy of our estimate of the time and cost
burden for this proposed collection, including the validity of the
methodology and assumptions used.
<bullet> Enhance the quality, utility, and clarity of the
information to be collected.
<bullet> Minimize 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
DS-1884 solicits information from applicants claiming employment-
based immigrant visa preference under section 203(b)(4) of the
Immigration and Nationality Act based on qualification as a special
immigrant described in section 101(a)(27)(D) of the Immigration and
Nationality Act. An applicant may file the DS-1884 petition within one
year of notification by the Department of State that the Secretary has
approved a recommendation for special immigrant status. DS-1884
solicits information that will assist the consular officer in ensuring
that the applicant is statutorily qualified to receive such status,
including meeting the years of service and exceptional service
requirements.
Additionally, The Emergency Security Supplemental Appropriations
Act (ESSAA), signed into law on July 30, 2021, amends section
101(a)(27)(D) of the Immigration and Nationality Act (INA) to extend
eligibility for special immigrant status to the surviving spouse and
children of an employee of the United States government abroad,
provided the employee performed faithful service for not less than 15
years or was killed in the line of duty regardless of years of service.
These provisions are effective as of June 30, 2021 and apply
retroactively. Pursuant to INA section 204(a)(1)(G)(ii), applicants
seeking classification under INA 203(b)(4) to obtain special immigrant
status under INA section 101(a)(27)(D) must file a petition with the
Secretary of State by submitting Form DS-1884. Form DS-1884 was amended
under emergency authority on April 26, 2022, to accommodate this new
category of applicants. The Department is proposing to make these
emergency amendments permanent as part of this renewal.
Methodology
The applicant can obtain a paper copy of the petition from consular
posts abroad. The applicant can obtain an electronic copy through the
Department's website, <a href="http://travel.state.gov">travel.state.gov</a>. The petition available on the
Department's website allows an applicant to complete the petition
electronically and then submit the completed form to post.
Julie M. Stufft,
Deputy Assistant Secretary, Bureau of Consular Affairs, Department of
State.
[FR Doc. 2022-23070 Filed 10-21-22; 8:45 am]
BILLING CODE 4710-06-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.