Application for Waiver of Inadmissibility Under Immigration and Nationality Act

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
6595	Application for Waiver of Inadmissibility Under Immigration and Nationality Act (Form 4-422-1)	Modified
186936	Follow-up of Immigrants or Refugees with Human Immunodeficiency Virus (HIV) Infection After Resettlement	Removed
186935	Follow-up of Immigrants or Refugees with Class A Physical or Mental Condition	Modified

ICR Details

OMB Control No: 0920-0006	ICR Reference No: 201107-0920-006
Status: Historical Active	Previous ICR Reference No: 200810-0920-002
Agency/Subagency: HHS/CDC	Agency Tracking No:
Title: Application for Waiver of Inadmissibility Under Immigration and Nationality Act
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/05/2011
	Date Received in OIRA: 07/25/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2014	36 Months From Approved	12/31/2011
Responses	400	0	600
Time Burden (Hours)	100	0	167
Cost Burden (Dollars)	16,000	0	16,000

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Abstract: Section 212 (a) of the INA states that aliens with specific health-related grounds are ineligible to receive visas and ineligible for admission into the United States. However, section 212(g) of the INA authorizes the Attorney General to waive certain inadmissible health-related grounds which would allow an alien to overcome his/her inadmissibility. The Centers for Disease Control and Prevention (CDC) becomes involved in the waiver process as the recipient of a medical evaluation report, as indicated in the regulations (8 CFR 212.7): The previously approved data collection included information pertaining to application for HIV waiver applicants. On November 22, 2009, HHS/CDC published a final regulation [42 CFR Part 34] (Attachment -3) removing human immunodeficiency virus (HIV) as a communicable disease of public health significance. As a result of this rule change, aliens are no longer inadmissable based on HIV status and no longer require a waiver for admission. Therefore CDC form "CDC 4.422-1b" is no longer needed.

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Authorizing Statute(s): US Code: 8 USC 212(a)(1) Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking
	Other Documents for OIRA Review

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 28234	05/16/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 40915	07/12/2011
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Application for Waiver of Inadmissibility Under Immigration and Nationality Act (Form 4-422-1)
Follow-up of Immigrants or Refugees with Class A Physical or Mental Condition
Follow-up of Immigrants or Refugees with Human Immunodeficiency Virus (HIV) Infection After Resettlement

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	400	600	0	-200	0	0
Annual Time Burden (Hours)	100	167	0	-67	0	0
Annual Cost Burden (Dollars)	16,000	16,000	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Forms

Short Statement: The previously approved data collection included information pertaining to application for HIV waiver applicants. On November 22, 2009, HHS/CDC published a final regulation [42 CFR Part 34] (Attachment 1C: Legislative Justification) removing human immunodeficiency virus (HIV) as a communicable disease of public health significance. As a result of this rule change, aliens are no longer inadmissable based on HIV status and no longer require a waiver for admission. Therefore CDC form "CDC 4.422-1b" is no longer needed.

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Annual Cost to Federal Government: $90,000

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/25/2011

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