Notice2026-19142
60-Day Notice of Proposed Information Collection: DS-864E, Request for Exemption From Immigrant Visa Applicant's Affidavit of Support
Primary source
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Published
September 18, 2026
Issuing agencies
State Department
Abstract
The Department of State 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.
Full Text
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<title>Federal Register, Volume 91 Issue 180 (Friday, September 18, 2026)</title>
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[Federal Register Volume 91, Number 180 (Friday, September 18, 2026)]
[Notices]
[Page 59292]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19142]
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DEPARTMENT OF STATE
[Public Notice 13122]
60-Day Notice of Proposed Information Collection: DS-864E,
Request for Exemption From Immigrant Visa Applicant's Affidavit of
Support
ACTION: Notice of request for public comment.
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SUMMARY: The Department of State 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
November 17, 2026.
ADDRESSES: You may submit comments by any of the following methods:
<bullet> Web: Persons with access to the internet may comment on
this notice by going to <a href="http://www.Regulations.gov">www.Regulations.gov</a>. You can search for the
document by entering ``Docket Number: DOS-2026-0960'' in the Search
field. Then click the ``Comment Now'' button and complete the comment
form.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#411113001e03343325242f022e2c2c242f35320132352035246f262e37"><span class="__cf_email__" data-cfemail="623230233d20171006070c210d0f0f070c16112211160316074c050d14">[email protected]</span></a>.
<bullet> Regular Mail: Send written comments to: Senior Regulatory
Coordinator, Visa Services, Department of State, 600 19th St. NW,
Washington, DC 20006.
Please contact the Department via email if you are unable to access
the supporting documentation through <a href="http://regulations.gov">regulations.gov</a>. You must include
the DS form number (if applicable), information collection title, and
the OMB control number in any correspondence.
SUPPLEMENTARY INFORMATION:
<bullet> Title of Information Collection: Request for Exemption
from Immigrant Visa Applicant's Affidavit of Support.
<bullet> OMB Control Number: 1405-XXXX.
<bullet> Type of Request: New Collection.
<bullet> Originating Office: CA/VO.
<bullet> Form Number: DS-864E.
<bullet> Respondents: Immigrant Visa Applicants.
<bullet> Estimated Number of Respondents: 24,000.
<bullet> Estimated Number of Responses: 24,000.
<bullet> Average Time Per Response: 1 hour.
<bullet> Total Estimated Burden Time: 24,000.
<bullet> Frequency: Once per respondent's application.
<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
Section 213A of the Immigration and Nationality Act (INA) (8 U.S.C.
1183a) sets forth the requirements for an Affidavit of Support. In most
cases, a family-sponsored and certain employment-based immigrant must
have a sponsor execute an Affidavit of Support on his or her behalf.
The Affidavit of Support is intended to demonstrate the immigrant will
have adequate means of financial support and is not likely to rely on
governmental financial assistance. The Affidavit of Support is a
legally binding contract which may be enforced in federal or state
court if the sponsored immigrant receives any means-tested public
benefits and the sponsor does not repay the cost of those benefits to
the agency that provided them.
The Department of State uses the Department of Homeland's
Security's (DHS) Form I-864, Affidavit of Support Under Section 213A of
the Act--or Form I-864EZ, Affidavit of Support of Support Under Section
213A of the Act, if the applicant qualifies to use it--to determine
whether the sponsor meets the minimum income requirements. The
Department previously used DHS Form I-864W, Request for Exemption for
Intending Immigrant's Affidavit of Support, to determine whether an
applicant was eligible for an exemption from filing these forms.
However, OIRA approved discontinuation of Form I-864W on October 17,
2024.
The Department developed Form DS-864E to facilitate the
Department's continued ability to assess sponsor information in
accordance with INA 213A (8 U.S.C. 1183a), INA 212(a)(4) (8 U.S.C.
1182(a)(4)), and 22 CFR 40.41. The Department will use Form DS-864E to
determine whether the applicant meets the criteria for exemption from
the requirement to submit Form I-864 (or Form I-864EZ). This form will
collect the immigrant's basic information, such as name and address,
the reason for the exemption, and accompanying documentation in support
of the immigrant's claim that he or she is not required to submit Form
I-864 (or Form I-864EZ) and serve as his or her affirmative request for
an exemption as required under 8 CFR 213a.2(a)(1)(i)(B).
Methodology
Form DS-864E will be available electronically at <a href="https://travel.state.gov">https://travel.state.gov</a>. The form can be completed online and must be
submitted as directed by the National Visa Center (NVC) or by a
consular officer abroad.
John L. Armstrong,
Principal Deputy Assistant Secretary, Bureau of Consular Affairs,
Department of State.
[FR Doc. 2026-19142 Filed 9-17-26; 8:45 am]
BILLING CODE 4710-06-P
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