Notice of OMB Emergency Approval of Information Collection: Public Charge Questionnaire, 13694-13696 [2020-04737]
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13694
Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Notices
individual’s history of having received
special education. In all cases, we
determine facts on an individual basis.
Therefore, to assign an individual to an
education category lower or higher than
his or her highest level of formal
education, there must be specific
evidence supporting the finding in the
determination or decision.
When determining the appropriate
education category, we will not consider
whether an individual attained his or
her education in another country or
whether the individual lacks English
language proficiency. Neither the
country in which an individual was
educated nor the language an individual
speaks informs us about whether the
individual’s reasoning, arithmetic, and
language abilities are commensurate
with his or her formal education level.12
Generally, when determining the
appropriate education category, we will
use the information an individual
provides. We may request relevant
records, such as school or government
records, to verify the reported level of
formal education and educational
abilities.
II. Category of Illiteracy
A. Generally
We consider an individual illiterate if
he or she cannot read or write a simple
message, such as instructions or
inventory lists, even though the
individual can sign his or her name.13
We will assign an individual to the
illiteracy category only if the individual
is unable to read or write a simple
message in any language.
B. Formal Education and the Ability To
Read and Write a Simple Message
Generally, an individual’s educational
level is a reliable indicator of the
individual’s ability to read and write a
simple message. A strong correlation
exists between formal education and
literacy, which under our rules means
an ability to read and write a simple
message. Most individuals learn to read
and write at least a simple message by
the time they complete fourth grade,
regardless of whether the schooling
occurred in the United States or in
another country.14 We will therefore use
jbell on DSKJLSW7X2PROD with NOTICES
12 Specific
to language abilities, if there is a
question as to whether an individual’s actual
language abilities are higher or lower than his or her
formal education level, we use the language in
which the individual most effectively
communicates. For most individuals, this language
is the language that they use in most situations,
including at home, work, school, and in the
community.
13 See 20 CFR 404.1564(b)(1) and 416.964(b)(1).
14 Typically, fourth grade is when students
transition from a focus on learning to read to a focus
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17:47 Mar 06, 2020
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an individual’s formal education level
as the starting point to determine
whether the individual is illiterate.
If evidence suggests an individual
may be illiterate, we will determine
whether the illiteracy category is
appropriate as follows:
despite having completed fourth grade
education or more, the individual is
unable to read or write a simple message
in any language. We will not rely on test
results alone to determine that illiteracy
is the appropriate education category for
an individual.
i. Individuals Who Completed at Least
a Fourth Grade Education
ii. Individuals Who Completed Less
Than a Fourth Grade Education
Most individuals who have completed
at least fourth grade can read and write
a simple message. We will generally
find that an individual who completed
fourth grade or more is able to read and
write a simple message and is therefore
not illiterate.
We may still find, however, that an
individual with at least a fourth grade
education is illiterate if the individual
provides evidence showing that despite
having completed fourth grade or more,
he or she cannot, in fact, read or write
a simple message in any language.
Examples of relevant evidence may
include whether an individual:
• Has received long-term special
education related to difficulty learning
to read or write at a basic level;
• lacks work history due to an
inability to read or write;
• has valid intelligence test results
demonstrating an inability to read or
write a simple message;
• has valid reading and writing test
results demonstrating an inability to
read or write a simple message; and
• has any other evidence
demonstrating an inability to read or
write a simple message.
We will assign an individual who
completed fourth grade education or
more to the illiteracy category only if
the evidence supports the finding that
Formal education is not the only way
individuals learn to read and write;
therefore, we do not make any general
finding that illiteracy is the appropriate
category for individuals who have not
completed a fourth grade education. The
mere fact that an individual has little or
no formal education does not mean that
the individual is unable to read or write.
Therefore, we will consider all relevant
evidence in the claim to determine
whether illiteracy is the appropriate
education category. Examples of
relevant evidence may include whether
an individual:
• Has worked in the past and the
responsibilities he or she had when
working;
• can read, write, and understand
short and simple statements in everyday
life, such as shopping lists, short notes,
and simple directions;
• can read newspapers or books;
• can read and write simple emails or
text messages;
• had any vocational training or
certification requiring reading and
writing;
• has or ever had a driver’s license
that required passing a written test; and
• has any other evidence
demonstrating an inability to read or
write a simple message.
We will assign an individual to the
illiteracy category only if the evidence
supports a finding that the individual is
unable to read or write a simple message
in any language. We will not, however,
rely on test results alone to determine
that illiteracy is the appropriate
education category for an individual.
on reading to learn. See Reading Achievement of
U.S. Fourth-Grade Students in an International
Context, https://nces.ed.gov/pubs2018/
2018017.pdf, p.1. The rate of literacy (defined as an
ability to understand, read, and write a short,
simple statement on everyday life) increased from
33.4% with one year of primary schooling to 95.3%
with four years of primary schooling. How Was
Life?: Global Well-being since 1820, OECD
Publishing, Juan Luitan van Zanden., et al. (eds.)
(2014), p. 91, available at https://read.oecdilibrary.org/economics/how-was-life_
9789264214262-en#page93. The Common Core
reading and writing standards for primary schools
demonstrate that an individual who completed
fourth grade education should be able to read and
write a simple message. https://
www.corestandards.org/assets/CCSSI_
ELA%20Standards.pdf, pp.10–33. Finally, the
Progress in International Reading Literacy Study, an
international assessment of student performance in
reading at the fourth grade, shows that the majority
of countries that participated in the study were able
to educate nearly all their students to a basic level
of reading achievement. See https://
timssandpirls.bc.edu/pirls2016/internationalresults/pirls/performance-at-internationalbenchmarks/ and https://nces.ed.gov/pubs2018/
2018017.pdf, pp. 4, 9–10.
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[FR Doc. 2020–04668 Filed 3–6–20; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice 11064]
Notice of OMB Emergency Approval of
Information Collection: Public Charge
Questionnaire
Notice of OMB emergency
approval of information collection.
ACTION:
The Office of Management
and Budget (‘‘OMB’’) approved the
Department of State’s (‘‘Department’’)
SUMMARY:
E:\FR\FM\09MRN1.SGM
09MRN1
Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Notices
submission of an information collection
described below, the DS–5540, Public
Charge Questionnaire (‘‘DS–5540’’),
following the Department’s request for
emergency processing.
OMB approved the Department’s
request on February 20, 2020. This
procedure was conducted in accordance
with 5 CFR 1320.1.
DATES:
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice to Taylor Beaumont,
Acting Chief, Legislation and
Regulations Division, Visa Services,
Bureau of Consular Affairs, Department
of State, 600 19th St. NW, Washington,
DC 20006, (202) 485–8910, PRA_
BurdenComments@state.gov.
The
Department published a ‘‘Notice of
Intent to Request Emergency Processing
of Information Collection: Public Charge
Questionnaire’’ (‘‘DS–5540’’), notifying
the public of the Department’s intent to
seek emergency processing of the DS–
5540 on February 12, 2020. 85 FR 8087.
Consistent with the Paperwork
Reduction Act of 1995 (‘‘PRA’’), and
OMB procedures, the Department
requested approval after emergency
processing of the DS–5540. On October
24, 2019, the Department had published
a Notice of Request for Public Comment
for the DS–5540, initiating a 60-day
period for the public to submit
comments on the information collection
84 FR 5712. The 60-day comment
period ended on December 23, 2019,
and the Department received 92
comments. On February 12, in the
Supporting Statement for the
Department’s request for OMB
emergency processing and approval of
the DS–5540, the Department responded
to public comments received during the
60-day comment period, as well as
comments received pursuant to the
emergency notice for the separate DS–
5541, Immigrant Health Insurance
Coverage (‘‘DS–5541’’) (84 FR 58199)
that are pertinent to the DS–5540. The
health insurance-related questions in
the DS–5540 are relevant for making a
public charge assessment, so the
Department is responding to public
comments to the DS–5541 even though
the implementation of Presidential
Proclamation 9945, whose
implementation would have
necessitated use of the DS–5541, is
currently enjoined by federal court
order. The Department plans to
complete the ongoing PRA process for
three-year approval of the DS–5540
since approval based on emergency
processing under the PRA is only
jbell on DSKJLSW7X2PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:47 Mar 06, 2020
Jkt 250001
granted for a maximum of 180 days,
until August 31, 2020.
• Title of Information Collection:
Public Charge Questionnaire.
• OMB Control Number: 1405–0234.
• Type of Request: Emergency
Processing.
• Originating Office: Bureau of
Consular Affairs, Visa Office (CA/VO).
• Form Number: DS–5540.
• Respondents: Immigrant visa
applicants, including diversity visa
applicants, with exceptions, and certain
nonimmigrant visa applicants.
• Estimated Number of Respondents:
397,814.
• Estimated Number of Responses:
397,814.
• Average Time per Response: 4.5
hours.
• Total Estimated Burden Time:
1,790,163 hours.
• Frequency: Once per respondent
application.
• Obligation to respond: Required to
Obtain or Retain a Benefit.
1. Abstract of Proposed Collection
Aliens who seek a visa, application
for admission, or adjustment of status
must establish that they are not likely at
any time after admission to become a
public charge, unless Congress has
expressly exempted them from this
ground of ineligibility or if the alien
obtained a waiver. Consular officers will
use the completed forms to assess
whether an alien is more likely than not
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’’), 8 U.S.C.
1182(a)(4), and 22 CFR 40.41. This
collection is consistent with the burden
of proof on aliens under section 291 of
the INA, 8 U.S.C. 1361, to establish that
they are eligible to receive a visa,
including that they are not inadmissible
under any provision of the INA. This
information collection is consistent with
the statutory requirement in section
212(a)(4)(B), 8 U.S.C. 1182(a)(4)(B), and
regulatory requirement in 22 CFR 40.41,
that consular officers must consider an
alien’s age; health; family status; assets,
resources, and financial status; and
education and skills in determining
whether a visa applicant is more likely
than not to become a public charge.
The DS–5540 collects information
relating to the visa applicant’s age;
health; family status; assets, resources,
and financial status; and education and
skills. The DS–5540 will require visa
applicants to provide information on
whether they have received certain
specified public benefits from a U.S.
federal, state, territorial, or local
government entity.
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13695
Sponsors of immigrant visa applicants
must currently provide information
regarding their ability to financially
support the sponsored visa applicant on
DHS Form I–864, Affidavit of Support,
which consular officers consider in
evaluating whether a visa applicant is
likely to become a public charge, but
which alone is not a sufficient basis to
evaluate public charge. The I–864 may
have some information about a visa
applicant’s assets, although the primary
respondent is the sponsor, not the
sponsored visa applicant. The DS–5540
will be used to collect information to
assess whether the visa applicant is
more likely than not to become a public
charge, based on the totality of the
circumstances, as set forth in 22 CFR
40.41.
Applicants for an immigrant visa,
including a diversity visa, will be
required to complete the DS–5540,
except for those individuals who are
exempt from the public charge ground
of inadmissibility. The exempted
categories of individuals will be
specified in the DS–5540 instructions,
including but not limited to visa
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 may, in his or her
discretion, require a nonimmigrant visa
applicant to complete some or all of the
DS–5540. A nonimmigrant visa
applicant will be required to respond to
one or more questions from the DS–
5540, orally or in writing, if the consular
officer is unable to determine from other
applicant-provided documentation
whether the visa applicant is more
likely than not to become a public
charge during his or her stay in the
United States.
2. Ongoing PRA Process
On October 24, 2019, the Department
published a notice in the Federal
Register to announce that it was seeking
OMB approval of the DS–5540, and
invited public comment for a 60-day
period. The 60-day comment period
ended on December 23, 2019, and the
Department received 92 comments. The
Department’s responses to those
comments are in the associated
Supporting Statement. Because changed
circumstances now require the
Department to implement its interim
final rule on the public charge
ineligibility ground before it can
complete the routine process for
obtaining approval of an information
collection under 5 CFR 1320.10, the
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09MRN1
13696
Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Notices
Department was granted emergency
OMB approval pursuant to 5 CFR
1320.13 in order for the DS–5540 to be
used by consular officers beginning
12:01 a.m. Eastern Standard Time
February 24, 2020. It was not possible
to complete 30 days of public comment
before February 24, 2020. This
information collection is intended to
align the Department’s standards with
those of DHS, to avoid situations where
a consular officer will evaluate a visa
applicant’s circumstances and conclude
that the visa applicant is not likely at
any time to become a public charge,
only for a DHS officer to evaluate the
same individual when he or she seeks
admission to the United States on the
visa and finds the individual
inadmissible on public charge grounds
under the same facts.
3. Methodology
The DS–5540 will be available online
in fillable PDF format. Visa applicants
will download the completed form and
submit the completed DS–5540 to the
consular officer, or to the Department
with other documentation in advance of
the interview.
Carl C. Risch,
Assistant Secretary.
[FR Doc. 2020–04737 Filed 3–6–20; 8:45 am]
BILLING CODE 4710–06–P
SURFACE TRANSPORTATION BOARD
[Docket No. AB 1296X]; [Docket No. AB 875
(Sub-No. 1X)]
jbell on DSKJLSW7X2PROD with NOTICES
R.J. Corman Railroad Property, LLC—
Abandonment Exemption—in Scott,
Campbell, and Anderson Counties,
Tenn.; R.J. Corman Railroad Company/
Bardstown Line—Discontinuance
Exemption—in Scott, Campbell, and
Anderson Counties, Tenn.
R.J. Corman Railroad Property, LLC
(RJC Railroad Property) and R.J. Corman
Railroad Company/Bardstown Line
(RJCR) (collectively, applicants) have
jointly filed a verified notice of
exemption under 49 CFR part 1152
subpart F—Exempt Abandonments and
Discontinuances of Service for RJC
Railroad Property to abandon, and for
RJCR to discontinue service over, a
railroad line extending from milepost
0.95 at or near Oneida, Tenn., to the end
of the line at milepost 42.0 at or near
Devonia, Tenn., a distance of
approximately 41.05 miles in Scott,
Campbell, and Anderson Counties,
Tenn. (the Line). The Line traverses U.S.
Postal Service Zip Codes 37841, 37755,
37847, 37756, 37714, and 37710.
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17:47 Mar 06, 2020
Jkt 250001
Applicants have certified that: (1) No
local traffic has moved over the Line for
at least two years; (2) there is and can
be no overhead traffic on the Line that
would have to be rerouted over other
lines, as the Line is stub-ended; (3) no
formal complaint filed by a user of rail
service on the Line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the Line either is pending with the
Surface Transportation Board (Board) or
with any U.S. District Court or has been
decided in favor of complainant within
the two-year period; and (4) the
requirements at 49 CFR 1105.7 and
1105.8 (environmental and historic
report), 49 CFR 1105.12 (newspaper
publication), and 49 CFR 1152.50(d)(1)
(notice to governmental agencies) have
been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment or discontinuance of
service shall be protected under Oregon
Short Line Railroad—Abandonment
Portion Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville
Counties, Idaho, 360 I.C.C. 91 (1979). To
address whether this condition
adequately protects affected employees,
a petition for partial revocation under
49 U.S.C. 10502(d) must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received,1
these exemptions will be effective on
April 8, 2020, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,2
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2), and
interim trail use/rail banking requests
under 49 CFR 1152.29 must be filed by
March 19, 2020.3 Petitions to reopen or
requests for public use conditions under
49 CFR 1152.28 must be filed by March
30, 2020, with the Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423–0001.
A copy of any petition filed with the
Board should be sent to applicants’
1 Persons interested in submitting an OFA must
first file a formal expression of intent to file an
offer, indicating the type of financial assistance they
wish to provide (i.e., subsidy or purchase) and
demonstrating that they are preliminarily
financially responsible. See 49 CFR 1152.27(c)(2)(i).
2 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemptions’ effective
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request to stay should be
filed as soon as possible so that the Board may take
appropriate action before the exemptions’ effective
date.
3 Filing fees for OFAs and trail use requests can
be found at 49 CFR 1002.2(f)(25) and (27),
respectively.
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Frm 00075
Fmt 4703
Sfmt 4703
representative, David R. Irvin, Irvin
Rigsby PLC, 110 N. Main St.,
Nicholasville, KY 40356.
If the verified notice contains false or
misleading information, the exemptions
are void ab initio.
Applicants have filed a combined
environmental and historic report that
addresses the potential effects, if any, of
the abandonment and discontinuance
on the environment and historic
resources. OEA will issue an
environmental assessment (EA) by
March 13, 2020. The EA will be
available to interested persons on the
Board’s website, by writing to OEA, or
by calling OEA at (202) 245–0305.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339. Comments
on environmental and historic
preservation matters must be filed
within 15 days after the EA becomes
available to the public.
Environmental, historic preservation,
public use, or interim trail use/rail
banking conditions will be imposed,
where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), RJC Rail Property shall
file a notice of consummation with the
Board to signify that it has exercised the
authority granted and fully abandoned
the Line. If consummation has not been
effected by RJC Rail Property’s filing of
a notice of consummation by March 9,
2021, and there are no legal or
regulatory barriers to consummation,
the authority to abandon will
automatically expire.
Board decisions and notices are
available at www.stb.gov.
Decided: March 4, 2020.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2020–04736 Filed 3–6–20; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Highway in New
Hampshire
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of limitation on claims
for judicial review of actions by FHWA
and other federal agencies.
AGENCY:
This notice announces actions
taken by FHWA and other Federal
agencies that are final. The actions
SUMMARY:
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Notices]
[Pages 13694-13696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04737]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice 11064]
Notice of OMB Emergency Approval of Information Collection:
Public Charge Questionnaire
ACTION: Notice of OMB emergency approval of information collection.
-----------------------------------------------------------------------
SUMMARY: The Office of Management and Budget (``OMB'') approved the
Department of State's (``Department'')
[[Page 13695]]
submission of an information collection described below, the DS-5540,
Public Charge Questionnaire (``DS-5540''), following the Department's
request for emergency processing.
DATES: OMB approved the Department's request on February 20, 2020. This
procedure was conducted in accordance with 5 CFR 1320.1.
FOR FURTHER INFORMATION CONTACT: Direct requests for additional
information regarding the collection listed in this notice to Taylor
Beaumont, Acting Chief, Legislation and Regulations Division, Visa
Services, Bureau of Consular Affairs, Department of State, 600 19th St.
NW, Washington, DC 20006, (202) 485-8910, [email protected].
SUPPLEMENTARY INFORMATION: The Department published a ``Notice of
Intent to Request Emergency Processing of Information Collection:
Public Charge Questionnaire'' (``DS-5540''), notifying the public of
the Department's intent to seek emergency processing of the DS-5540 on
February 12, 2020. 85 FR 8087. Consistent with the Paperwork Reduction
Act of 1995 (``PRA''), and OMB procedures, the Department requested
approval after emergency processing of the DS-5540. On October 24,
2019, the Department had published a Notice of Request for Public
Comment for the DS-5540, initiating a 60-day period for the public to
submit comments on the information collection 84 FR 5712. The 60-day
comment period ended on December 23, 2019, and the Department received
92 comments. On February 12, in the Supporting Statement for the
Department's request for OMB emergency processing and approval of the
DS-5540, the Department responded to public comments received during
the 60-day comment period, as well as comments received pursuant to the
emergency notice for the separate DS-5541, Immigrant Health Insurance
Coverage (``DS-5541'') (84 FR 58199) that are pertinent to the DS-5540.
The health insurance-related questions in the DS-5540 are relevant for
making a public charge assessment, so the Department is responding to
public comments to the DS-5541 even though the implementation of
Presidential Proclamation 9945, whose implementation would have
necessitated use of the DS-5541, is currently enjoined by federal court
order. The Department plans to complete the ongoing PRA process for
three-year approval of the DS-5540 since approval based on emergency
processing under the PRA is only granted for a maximum of 180 days,
until August 31, 2020.
Title of Information Collection: Public Charge
Questionnaire.
OMB Control Number: 1405-0234.
Type of Request: Emergency Processing.
Originating Office: Bureau of Consular Affairs, Visa
Office (CA/VO).
Form Number: DS-5540.
Respondents: Immigrant visa applicants, including
diversity visa applicants, with exceptions, and certain nonimmigrant
visa applicants.
Estimated Number of Respondents: 397,814.
Estimated Number of Responses: 397,814.
Average Time per Response: 4.5 hours.
Total Estimated Burden Time: 1,790,163 hours.
Frequency: Once per respondent application.
Obligation to respond: Required to Obtain or Retain a
Benefit.
1. Abstract of Proposed Collection
Aliens who seek a visa, application for admission, or adjustment of
status must establish that they are not likely at any time after
admission to become a public charge, unless Congress has expressly
exempted them from this ground of ineligibility or if the alien
obtained a waiver. Consular officers will use the completed forms to
assess whether an alien is more likely than not 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''), 8 U.S.C. 1182(a)(4), and
22 CFR 40.41. This collection is consistent with the burden of proof on
aliens under section 291 of the INA, 8 U.S.C. 1361, to establish that
they are eligible to receive a visa, including that they are not
inadmissible under any provision of the INA. This information
collection is consistent with the statutory requirement in section
212(a)(4)(B), 8 U.S.C. 1182(a)(4)(B), and regulatory requirement in 22
CFR 40.41, that consular officers must consider an alien's age; health;
family status; assets, resources, and financial status; and education
and skills in determining whether a visa applicant is more likely than
not to become a public charge.
The DS-5540 collects information relating to the visa applicant's
age; health; family status; assets, resources, and financial status;
and education and skills. The DS-5540 will require visa applicants to
provide information on whether they have received certain specified
public benefits from a U.S. federal, state, territorial, or local
government entity.
Sponsors of immigrant visa applicants must currently provide
information regarding their ability to financially support the
sponsored visa applicant on DHS Form I-864, Affidavit of Support, which
consular officers consider in evaluating whether a visa applicant is
likely to become a public charge, but which alone is not a sufficient
basis to evaluate public charge. The I-864 may have some information
about a visa applicant's assets, although the primary respondent is the
sponsor, not the sponsored visa applicant. The DS-5540 will be used to
collect information to assess whether the visa applicant is more likely
than not to become a public charge, based on the totality of the
circumstances, as set forth in 22 CFR 40.41.
Applicants for an immigrant visa, including a diversity visa, will
be required to complete the DS-5540, except for those individuals who
are exempt from the public charge ground of inadmissibility. The
exempted categories of individuals will be specified in the DS-5540
instructions, including but not limited to visa 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 may, in his or her
discretion, require a nonimmigrant visa applicant to complete some or
all of the DS-5540. A nonimmigrant visa applicant will be required to
respond to one or more questions from the DS-5540, orally or in
writing, if the consular officer is unable to determine from other
applicant-provided documentation whether the visa applicant is more
likely than not to become a public charge during his or her stay in the
United States.
2. Ongoing PRA Process
On October 24, 2019, the Department published a notice in the
Federal Register to announce that it was seeking OMB approval of the
DS-5540, and invited public comment for a 60-day period. The 60-day
comment period ended on December 23, 2019, and the Department received
92 comments. The Department's responses to those comments are in the
associated Supporting Statement. Because changed circumstances now
require the Department to implement its interim final rule on the
public charge ineligibility ground before it can complete the routine
process for obtaining approval of an information collection under 5 CFR
1320.10, the
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Department was granted emergency OMB approval pursuant to 5 CFR 1320.13
in order for the DS-5540 to be used by consular officers beginning
12:01 a.m. Eastern Standard Time February 24, 2020. It was not possible
to complete 30 days of public comment before February 24, 2020. This
information collection is intended to align the Department's standards
with those of DHS, to avoid situations where a consular officer will
evaluate a visa applicant's circumstances and conclude that the visa
applicant is not likely at any time to become a public charge, only for
a DHS officer to evaluate the same individual when he or she seeks
admission to the United States on the visa and finds the individual
inadmissible on public charge grounds under the same facts.
3. Methodology
The DS-5540 will be available online in fillable PDF format. Visa
applicants will download the completed form and submit the completed
DS-5540 to the consular officer, or to the Department with other
documentation in advance of the interview.
Carl C. Risch,
Assistant Secretary.
[FR Doc. 2020-04737 Filed 3-6-20; 8:45 am]
BILLING CODE 4710-06-P