Federal Register - September 13, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations contain such a mandate. The requirements of title II of UMRA, therefore, do not apply, and DHS has not prepared a statement under UMRA.
D. Executive Order 12866
This action does not require review by the Office of Management and Budget OMB under Executive Orders 12866
and 13563. As previously discussed, DHS has the authority to adjust the investment and revenue amount requirements according to the CPIU.
The population that may be affected by this rule are the applicants that file for Form I941, Application for Entrepreneur Parole, after this rule
50841
becomes effective. Table A presents the historical annual receipts for Form I
941 received for Fiscal Years 2018
through 2021. During this period, 41
total Form I941 applications have been filed with USCIS, and DHS estimates that an annual average of 11 Form I941
applications were received by USCIS.
TABLE AANNUAL RECEIPTS FOR FORM I941, APPLICATION FOR ENTREPRENEUR PAROLE, FOR FISCAL YEARS FY18
FY21 13
Form
2018
2019
2020
2021
Total
4-Year annual average receipts
Form I941
20
7
1
13
41
11
Source: USCIS, Immigrant Program Office, Claims 3 C3 database as of August 17, 2021.
E. Executive Order 13132 Federalism The rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, DHS has determined that this final rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
F. Executive Order 12988 Civil Justice Reform This rule meets the applicable standards set forth in sections 3a and 3b2 of Executive Order 12988.
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G. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 PRA, 44 U.S.C. 35013512, DHS must submit to the Office of Management and Budget OMB for review and approval, any reporting requirements inherent in a rule, unless they are exempt. This final rule will revise USCIS Form I941. The information collected through the I941
is used by USCIS to assist in determining if an applicant is eligible for discretionary grant of parole under 8
CFR 212.19. As provided under 5 CFR
1320.13, USCIS is requesting emergency processing for this collection of information as specified in the Paperwork Reduction Act and its implementing regulations. USCIS
certifies that the requirements of 5 CFR
1320.13a are met and that:
Average monthly CPIU for 2020Average monthly CPIU for 1995/Average monthly CPIU
for 1995 100 = 258.811152.383/152.383
100 = 106.428/152.383 100 = 0.6984 100 =
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The collection of information is needed immediately and is essential to the mission of the agency.
The use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information.
Overview of this information collection:
1 Type of Information Collection:
Revision of a Currently Approved Collection.
2 Title of the Form/Collection:
Application for Entrepreneur Parole.
3 Agency form number, if any, and the applicable component of the DHS
sponsoring the collection: Form I941;
USCIS.
4 Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. Entrepreneurs can use this form to make an initial request for parole based upon significant public benefit; make a subsequent request for parole for an additional period; or file an amended application to notify USCIS
of a material change.
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 I941 is 2,940 and the estimated hour burden per response is 4.7 hours. The estimated total number of respondents for the biometric processing is 2,940 and the estimated hour burden per response is 1.17 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 17,258 hours.
69.84 percent = 70 percent rounded. Calculation of inflation-adjusted value: $100 million in 1995
dollars 1.70 = $170 million in 2020 dollars.
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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 $1,440,600.
List of Subjects in 8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration, Passports and visas, Reporting and recordkeeping requirements.
Amendments to the Regulations For the reasons stated in the preamble, DHS amends part 212 of title 8 of the Code of Federal Regulations 8
CFR part 212 as set forth below.
PART 212DOCUMENTARY
REQUIREMENTS: NONIMMIGRANTS;
WAIVERS; ADMISSION OF CERTAIN
INADMISSIBLE ALIENS; PAROLE
1. The general authority citation for part 212 continues to read as follows:
Authority: 6 U.S.C. 111, 2024 and 271; 8
U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 1255, 1359; section 7209 of Pub. L. 108458
8 U.S.C. 1185 note; Title VII of Pub. L. 110
229 8 U.S.C. 1185 note; 8 CFR part 2; Pub.
L. 115218.
2. In 212.19, revise paragraphs a5i and ii, b2iiB1 and 2, and c2iiB1 and 3 to read as follows:
212.19
Parole for entrepreneurs.
a
5
i The individual or organization made investments in start-up entities in exchange for equity, convertible debt, or other security convertible into equity 13 Data covering the period December 2017
August 12, 2021.
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13SER1