**SUPPORTING STATEMENT**

**Employment Eligibility Verification**

**(Form I-9)**

**OMB No. 1615-0047**

**A. Justification:**

1\. This form has been developed to facilitate compliance with section
274A of the Immigration and Nationality Act (the Act), as amended by the
Immigration Reform and Control Act of 1986 (IRCA). Section 274A of the
Act, as amended, prohibits the knowing employment of unauthorized
aliens. The purpose of this information collection is to comply with
section 274A of the Act.

2.  The information will be collected on Form I-9 by employers or by
    recruiters and referrers for a fee (as defined in the Act) in the
    United States. Form I-9 is completed at the time an individual is
    hired for employment. Failure to collect and retain the information
    requested on the form will prevent the enforcement of provisions of
    immigration laws that are designed to control the employment of
    unauthorized aliens. The Act requires employers to maintain the form
    and make it available for inspection by officers of the Department
    of Homeland Security (DHS), the Special Counsel for
    Immigration-Related Unfair Employment Practices, or the Department
    of Labor as an enforcement mechanism. The statute also has penalty
    provisions for failure to collect data.

3.  The use of this form provides the most efficient means of collecting
    and maintaining the required data. Since this form is maintained by
    employers and is not submitted to ICE, e-filing is not applicable to
    this information collection. However, by interim regulation
    "Electronic Signature and Storage of Form I-9, Employment
    Eligibility Verification" published by Immigration and Customs
    Enforcement on June 15, 2006 (Federal Register 71 FR 34510), this
    form can now be electronically stored by the employer.

4\. A search of DHS automated forms tracking system was accomplished and
revealed no duplication. There is no similar data collected.

5\. The use of this form affects small businesses. However, DHS has made
efforts in the design of the form to minimize the amount of data
collected, the time required to complete the form, and the education
level necessary to complete the form. In addition, DHS now allows the
employer to store the form electronically.

6\. The purpose of this information collection is to comply with section
274A of the Act. Failure to collect and retain the information requested
on the collection will prevent the enforcement of provisions of
immigration laws that are designed to control the employment of
unauthorized aliens.

7\. The special circumstances described in paragraph 7 do not apply to
this form.

8.  On January 14, 2008, USCIS published a 60-day notice in the Federal
    Register at 73 FR 2270, requesting comments from the public. USCIS
    did not receive any comments for this information collection.

9\. USCIS does not provide payments or gifts to respondents in exchange
for a benefit sought.

10\. There is no assurance of confidentiality.

11\. There are no questions of a sensitive nature.

12\. [Annual Reporting Burden]{.underline}:

> a\. Number of Respondents 78,000,000
>
> b\. Number of Responses per each Respondent 1
>
> c\. Total Annual Responses 78,000,000

d.1 Hours per Response for Reporting Burden 11,700,000

d.2 Hours per Response for Record keeping 1,000,000

e\. Total Annual Reporting Burden 12,700,000

> **Annual Reporting Burden**

**The total annual reporting burden hours are 12,700,000.** This figure
was derived by multiplying the number of respondents (78,000,000) x
frequency of response (1) x hour per response (9 minutes or 0.15 hours).
The annual record keeping burden is added to the total annual reporting
burden which is based on 20,000,000 record keepers at (3 minutes or .05
hours) per filing. These calculations are based on agency experiences
since implementation of the law requiring the use of the Form I-9

13. There are no capital or start-up costs associated with this
    collection. Any cost burdens to respondents as a result of this
    collection are identified in item 14. *There is no fee charge
    associated with this information collection.*

14. [Annualized Cost Analysis]{.underline}

> Printing Cost \$ 2,000
>
> Collection and Processing Cost \$ 3,280,000
>
> Total Cost to Program \$ 3,282,000
>
> Fee Charge \$ 0
>
> Total Cost to Government \$ 3,282,000

# Government Cost

> **Federal government cost is estimated at \$ 3,282,000.** This figure
> is derived by calculating the actual costs to print and distribute the
> Form I-9 to the public. This figure also includes the cost to conduct
> on-site employer compliance reviews in accordance with section 274A of
> the Act provisions. The compliance review costs are calculated by
> multiplying the number of ICE Forensic Auditors (41) x \$80,000
> (average annual salary with benefits).

# Annual Public Cost

> **The public cost is estimated at \$ 127,000,000.** This figure is
> based on the number of respondents of 78,000,000 at (0.15) 9 minutes
> per response, times an average hourly labor rate of \$10.00 per hour;
> plus labor costs of verification and filing of each form by 20,000,000
> record keepers at (.05) 3 minutes per filing, times and average hourly
> rate of \$10.00 per hour

15\. There is no increase or decrease in the estimated burden hours as
previously reported for this information collection.

16\. DHS does not intend to employ the use of statistics or publication
thereof for this collection of information.

17. DHS will display the expiration date for OMB approval of this
    information collection.

18\. DHS does not request an exception to the certification of this
information collection.

**B. Collection of Information Employing Statistical Methods.**

> Not Applicable.

**C. Certification and Signature.**

**PAPERWORK CERTIFICATION**

> In submitting this request for OMB approval, I certify that the
> requirements of the Privacy Act and OMB directives have been complied
> with including paperwork regulations, statistical standards or
> directives, and any other information policy directives promulgated
> under 5 CFR 1320.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Stephen Tarragon,** **Date**

Acting Chief,

Regulatory Management Division,

U.S. Citizenship and Immigration Services,

Department of Homeland Security.