Agency Information Collection Activities; Revision of a Currently Approved Collection: Notice of Entry of Appearance as Attorney or Accredited Representative
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Issuing agencies
Abstract
The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) invites the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.
Full Text
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<title>Federal Register, Volume 88 Issue 143 (Thursday, July 27, 2023)</title>
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[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48489-48490]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15890]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[OMB Control Number 1615-0105]
Agency Information Collection Activities; Revision of a Currently
Approved Collection: Notice of Entry of Appearance as Attorney or
Accredited Representative
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: 60-Day notice.
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SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship
and Immigration Services (USCIS) invites the general public and other
Federal agencies to comment upon this proposed revision of a currently
approved collection of information. In accordance with the Paperwork
Reduction Act (PRA) of 1995, the information collection notice is
published in the Federal Register to obtain comments regarding the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort, and resources used by the
respondents to respond), the estimated cost to the respondent, and the
actual information collection instruments.
DATES: Comments are encouraged and will be accepted for 60 days until
September 25, 2023.
ADDRESSES: All submissions received must include the OMB Control Number
1615-0105 in the body of the letter, the agency name and Docket ID
USCIS-2008-0037. Submit comments via the Federal eRulemaking Portal
website at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under e-Docket ID number USCIS-
2008-0037.
FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy,
Regulatory Coordination Division, Samantha Deshommes, Chief, telephone
number (240) 721-3000 (This is not a toll-free number. Comments are not
accepted via telephone message). Please note contact information
provided here is solely for questions regarding this notice. It is not
for individual case status inquiries. Applicants seeking information
about the status of their individual cases can check Case Status
Online, available at the USCIS website at <a href="https://www.uscis.gov">https://www.uscis.gov</a>, or
call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
SUPPLEMENTARY INFORMATION:
Comments
Adding Paralegals and Other Law Firm Employees
DHS is proposing to revise the subject information collection to
allow an attorney or accredited representative to name a paralegal that
they supervise who would be permitted to communicate with USCIS in
named limited circumstances. See the form and form instructions in the
documents for the specific changes being proposed.
DHS is proposing to limit the change to the form to allow for the
addition of a paralegal and not extend it to any employee of the
organization or firm supervised by the practitioner of record on the
Notice of Entry of Appearance as Attorney or Accredited Representative.
USCIS believes that the employee who is provided with the authority to
communicate with USCIS on a case should have education, experience and
training in regulatory compliance and professional responsibility, and
understand the distinction between administrative tasks and independent
legal advice. The term paralegal is not defined by law or regulated by
all states or state bar associations but education and training is
generally associated with being a paralegal.\1\ USCIS believes that the
term ``paralegal'' is sufficiently used and understood by the public to
be an individual qualified to afford protections to affected parties
who submit immigration benefit requests that exceed what would be
provided by another employee.
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\1\ See, e.g., NFPA: The National Federation of Paralegal
Associations, Inc. at <a href="https://www.paralegals.org/default.aspx">https://www.paralegals.org/default.aspx</a> (last
viewed June 20, 2023) (Stating, ``A paralegal is a person, qualified
through education, training or work experience to perform
substantive legal work that requires knowledge of legal concepts and
is customarily, but not exclusively, performed by a lawyer. This
person may be retained or employed by a lawyer, law office,
governmental agency or other entity or may be authorized by
administrative, statutory or court authority to perform this work.
Substantive shall mean work requiring recognition, evaluation,
organization, analysis, and communication of relevant facts and
legal concept.''
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USCIS specifically requests comments on the limitation from the
practitioner community and others who may be affected on the limitation
to paralegals, if that limitation should be maintained, and if not,
detailed reasons why it should not.
How To Comment
You may access the information collection instrument with
instructions or additional information by visiting the Federal
eRulemaking Portal site at: <a href="https://www.regulations.gov">https://www.regulations.gov</a> and entering
USCIS-2008-0037 in the search box. All submissions will be posted,
without change, to the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and will include any personal information you
provide. Therefore, submitting this information makes it public. You
may wish to consider limiting the amount of personal information that
you provide in any voluntary submission you make to DHS. DHS may
withhold information provided in comments from public viewing that it
determines may impact the privacy of an individual or is offensive. For
additional information, please read the Privacy Act notice that is
available via the link in the footer of <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Written comments and suggestions from the public and affected
agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including
[[Page 48490]]
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Notice of Entry of Appearance as
Attorney or Accredited Representative.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: G-28; G-28I; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. The
data collected via the G-28 information collection instruments is used
by DHS to determine eligibility of the individual to appear as a
representative. Form G-28 is used by attorneys admitted to practice in
the United States and accredited representatives of charitable
organizations recognized by the Board of Immigration Appeals. Form G-
28I is used by attorneys admitted to the practice of law in countries
other than the United States and only in matters in DHS offices outside
the geographical confines of the United States. If the representative
is eligible, the form is filed with the case and the information is
entered into DHS systems.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection G-28 (paper
filed) is 4,181,229 and the estimated hour burden per response is .940
hours; the estimated total number of respondents for the information
collection G-28 (online filed) is 464,581 and the estimated hour burden
per response is .783 hours; the estimated total number of respondents
for the information collection G-28I (paper filed) is 31,362 and the
estimated hour burden per response is .700 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 4,316,022 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $0.00.
Dated: July 21, 2023.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, Department of Homeland
Security.
[FR Doc. 2023-15890 Filed 7-26-23; 8:45 am]
BILLING CODE 9111-97-P
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