3236 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices 

Type of Information Collection: 

Advance Information on Documented 

Travelers—Registration. 

Estimated Number of Respondents: 

20,000. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 20,000. 

Estimated Time per Response: 5 

minutes. 

Estimated Total Annual Burden 

Hours: 1,666. 

Type of Information Collection: Daily 

Appointment Request for 

Undocumented Travelers. 

Estimated Number of Respondents: 

500,000. 

Estimated Number of Annual 

Responses per Respondent: 60. 

Estimated Number of Total Annual 

Responses: 30,000,000. 

Estimated Time per Response: 1 

minute. 

Estimated Total Annual Burden 

Hours: 500,000. 

Type of Information Collection: Daily 

Appointment Request for Documented 

Travelers. 

Estimated Number of Respondents: 

20,000. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 20,000. 

Estimated Time per Response: 1 

minute. 

Estimated Total Annual Burden 

Hours: 333. 

Type of Information Collection: 

Confirmation of Appointment. 

Estimated Number of Respondents: 

529,250. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 529,250. 

Estimated Time per Response: 3 

minutes. 

Estimated Total Annual Burden 

Hours: 26,463. 

Dated: January 7, 2025. 

Seth D Renkema, 

Branch Chief, Economic Impact Analysis 

Branch, U.S. Customs and Border Protection. 

[FR Doc. 2025–00524 Filed 1–13–25; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[OMB Control Number 1651–0111] 

Agency Information Collection 

Activities; Revision; Arrival and 

Departure Record (Forms I–94, I–94W) 

and Electronic System for Travel 

Authorization (ESTA) 

AGENCY: U.S. Customs and Border 

Protection (CBP), Department of 

Homeland Security. 

ACTION: 60-Day notice and request for 

comments. 

SUMMARY: The Department of Homeland 

Security, U.S. Customs and Border 

Protection (CBP) will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA). The 

information collection is published in 

the Federal Register to obtain comments 

from the public and affected agencies. 

DATES: Comments are encouraged and 

must be submitted (no later than March 

17, 2025) to be assured of consideration. 

ADDRESSES: Written comments and/or 

suggestions regarding the item(s) 

contained in this notice must include 

the OMB Control Number 1651–0111 in 

the subject line and the agency name. 

Please submit written comments and/or 

suggestions in English. Please use the 

following method to submit comments: 

Email. Submit comments to: CBP_

PRA@cbp.dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional PRA information 

should be directed to Seth Renkema, 

Chief, Economic Impact Analysis 

Branch, U.S. Customs and Border 

Protection, Office of Trade, Regulations 

and Rulings, 90 K Street NE, 10th Floor, 

Washington, DC 20229–1177, 

Telephone number 202–325–0056 or via 

email CBP_PRA@cbp.dhs.gov. Please 

note that the contact information 

provided here is solely for questions 

regarding this notice. Individuals 

seeking information about other CBP 

programs should contact the CBP 

National Customer Service Center at 

877–227–5511, (TTY) 1–800–877– 

8339, or CBP website at https://

www.cbp.gov/. 

SUPPLEMENTARY INFORMATION: CBP 

invites the general public and other 

Federal agencies to comment on the 

proposed and/or continuing information 

collections pursuant to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). This process is conducted in 

accordance with 5 CFR 1320.8. Written 

comments and suggestions from the 

public and affected agencies should 

address one or more of the following 

four points: (1) whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; (2) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

suggestions to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) suggestions to 

minimize the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. The 

comments that are submitted will be 

summarized and included in the request 

for approval. All comments will become 

a matter of public record. 

Overview of This Information 

Collection 

Title: Arrival and Departure Record 

and Electronic System for Travel 

Authorization (ESTA). 

OMB Number: 1651–0111. 

Form Number: I–94/I–94W. 

Current Actions: Revision. 

Type of Review: Revision. 

Affected Public: Individuals. 

Abstract: Travelers seeking to enter 

under the Visa Waiver Program (VWP) 

by air or sea, are required to receive a 

travel authorization through the 

Electronic System for Travel 

Authorization (ESTA) prior to travel to 

the United States. ESTA is a mobile and 

web-based application and screening 

system used to determine whether 

certain noncitizens are eligible to travel 

to the United States under the VWP in 

the air, sea, and land environments. 

Travelers who are not eligible to travel 

under VWP may apply for a visa at a 

U.S. Embassy or Consular Office. 

ESTA was provided for by the Secure 

Travel and Counterterrorism 

Partnership Act of 2007 (section 711 of 

the Implementing Recommendations of 

the 9/11 Commission Act of 2007, also 

known as the ‘‘9/11 Act,’’ Public Law 

110–53) which requires that the 

Secretary of Homeland Security, in 

consultation with the Secretary of State, 

develop and implement an electronic 

system which shall collect such 

biographical and other information as 

the Secretary of Homeland Security 

determines necessary to determine, in 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices 3237 

1Note that the Form I–94 is not affected by this 

change. 

2Countries determined by the Secretary of State 

to have repeatedly provided support for acts of 

international terrorism are generally designated 

pursuant to three laws: section 1754(c) of the 

National Defense Authorization Act for Fiscal Year 

2019 (50 U.S.C. 4813); section 40 of the Arms 

Export Control Act (22 U.S.C. 2780); and section 

620A of the Foreign Assistance Act of 1961 (22 

U.S.C. 2371). 

3The Act contains exceptions for individuals 

determined by the Secretary of Homeland Security 

to have been present in these countries, ‘‘(i) in order 

to perform military service in the armed forces of 

a [VWP] program country; or (ii) in order to carry 

out official duties as a full time employee of the 

government of a [VWP] program country.’’ INA 

section 217(a)(12)(B). 

4 All references to ‘‘country’’ or ‘‘countries’’ in 

the laws authorizing the VWP are read to include 

Taiwan. See Taiwan Relations Act of 1979, Public 

Law 96–8, section 4(b)(1) (codified at 22 U.S.C. 

3303(b)(1)) (providing that ‘‘[whenever the laws of 

the United States refer or relate to foreign countries, 

nations, states, governments, or similar entities, 

such terms shall include and such laws shall apply 

with respect to Taiwan’’). This is consistent with 

the United States’ one-China policy, under which 

the United States has maintained unofficial 

relations with Taiwan since 1979. 

advance of travel, the eligibility of the 

noncitizen to travel to the United States 

and whether such travel poses a law 

enforcement or security risk. 

The information collected on U.S. 

Customs and Border Protection (CBP) 

Forms I–94 (Arrival/Departure Record) 

and I–94W (Nonimmigrant Visa Waiver 

Arrival/Departure Record) are included 

in the manifest requirements imposed 

by Section 231 of the Immigration and 

Nationality Act (INA). CBP previously 

required noncitizens to prepare these 

forms while enroute to the United States 

and presented upon arrival at a sea or 

air port of entry within the United 

States. It is the duty of the master or 

commanding officer, or authorized 

agent, owner, or consignee of the vessel 

or aircraft, having any noncitizen on 

board, to deliver lists or manifests of the 

persons on board such vessel or aircraft 

to CBP officers at the port of arrival. 

However, now CBP now gathers I–94 

data from existing automated sources 

such as the Advance Passenger 

Information System (APIS) in lieu of 

requiring passengers arriving by air or 

sea to submit a paper I–94 upon arrival. 

Currently, CBP issues electronic I–94s to 

most nonimmigrants entering the 

United States at land border ports of 

entry. Travelers entering the United 

States at a land border may apply for a 

provisional electronic I–94 via the I–94 

public website. Travelers can access and 

print their electronic I–94 record via the 

website https://i94.cbp.dhs.gov/I94/#/ 

home. CBP is working to fully automate 

all I–94 processes. Travelers can access 

and print their electronic I–94 record 

via the website www.cbp.gov/ 

I94www.cbp.gov/I94. 

On December 18, 2015, the President 

signed into law the Visa Waiver 

Program Improvement and Terrorist 

Travel Prevention Act of 2015 (‘‘VWP 

Improvement Act’’) as part of the 

Consolidated Appropriations Act, 2016. 

To meet the requirements of this new 

Act, the Department of Homeland 

Security (DHS, or the Department) 

strengthened the security of the VWP 

through enhancements to the ESTA 

application and to the Form I–94W.1

Many of the provisions of the new law 

became effective on the date of 

enactment of the VWP Improvement 

Act. The Act generally makes certain 

nationals of VWP countries ineligible 

(with some exceptions) to travel to the 

United States under the VWP, 

specifically, if the noncitizen is, at the 

time of applying for admission, also a 

national of or has been present at any 

time on or after March 1, 2022—in Iraq, 

Syria, a country that is designated a 

state sponsor of terrorism,2 or any other 

country of concern as designated by the 

Secretary of Homeland Security.3 INA 

section 217(a)(12)(A). 

Previous Revision: 

Visa Waiver Program Designation 

(VWP): Qatar 

CBP received emergency approval to 

revise the collection to add Qatar into 

the VWP. 

New Revision: 

CBP has calculated the estimated 

burden for this information collection to 

account for additional countries added 

into the Visa Waiver Program over the 

next three years. Pursuant to section 217 

of the Immigration and Nationality Act 

(INA), 8 U.S.C. 1187, the Secretary, in 

consultation with the Secretary of State, 

may designate certain countries as VWP 

countries if certain requirements are 

met.4 Once a country has met the 

requirements and been designated by 

the Secretary as a program country, 

eligible citizens and nationals of a 

program country may apply for 

admission to the United States at U.S. 

ports of entry as nonimmigrant visitors 

for a period of ninety days or less for 

business or pleasure without first 

obtaining a nonimmigrant visa, 

provided that they are otherwise eligible 

for admission under applicable statutory 

and regulatory requirements. As an 

ESTA is required for any travel to the 

United States under the VWP, the 

collection is being updated to include 

travelers from current VWP designated 

countries and travelers from potentially 

added designated countries over the 

next three years. 

Additionally, CBP intends to update 

the ESTA application website to require 

applicants to provide a photograph of 

their face, or ‘‘selfie’’, in addition to the 

photo of the passport biographical page. 

These photos would be used to better 

ensure that the applicant is the rightful 

possessor of the document being used to 

obtain an ESTA authorization. 

Currently, applicants are allowed to 

have a third party apply for ESTA on 

their behalf. While this update would 

not remove that option, third parties, 

such as travel agents or family members, 

would be required to provide a 

photograph of the ESTA applicant. 

The ESTA Mobile application 

currently requires applicants to take a 

live photograph of their face, which is 

compared to the passport photo 

collected during the ESTA Mobile 

application process. This change will 

better align the application processes 

and requirements of ESTA website and 

ESTA Mobile applicants. 

CBP invites the public to comment on 

both the previously approved 

emergency revision and new proposed 

revisions. 

Type of Information Collection: Paper 

I–94. 

Estimated Number of Respondents: 

1,782,564. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 1,782,564. 

Estimated Time per Response: 8 

minutes. 

Estimated Total Annual Burden 

Hours: 237,616. 

Type of Information Collection: I–94 

website. 

Estimated Number of Respondents: 

91,411. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 91,411. 

Estimated Time per Response: 4 

minutes. 

Estimated Total Annual Burden 

Hours: 6,094. 

Type of Information Collection: I– 

94W. 

Estimated Number of Respondents: 

1,138,644. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 1,138,644. 

Estimated Time per Response: 16 

minutes. 

Estimated Total Annual Burden 

Hours: 368,438. 

Type of Information Collection: ESTA 

Mobile Application. 

Estimated Number of Respondents: 

2,172,611. 

Estimated Number of Annual 

Responses per Respondent: 1. 


khammond on DSK9W7S144PROD with NOTICES
3238 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices 

1 8 CFR 204.5(k)(4)(i), (l)(3)(i). 

2 8 CFR 204.5(k)(4)(ii). 

3 20 CFR 656.10(f). 

4 20 CFR 656.15(b). 

5 20 CFR 656.10(d) 

Estimated Number of Total Annual 

Responses: 2,172,611. 

Estimated Time per Response: 22 

minutes. 

Estimated Total Annual Burden 

Hours: 796,696. 

Type of Information Collection: ESTA 

website. 

Estimated Number of Respondents: 

12,311,462. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 12,311,462. 

Estimated Time per Response: 18 

minutes. 

Estimated Total Annual Burden 

Hours: 3,899,040. 

Dated: January 8, 2025. 

Seth D Renkema, 

Branch Chief, Economic Impact Analysis 

Branch, U.S. Customs and Border Protection. 

[FR Doc. 2025–00609 Filed 1–13–25; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2793–25; DHS Docket No. USCIS– 

2024–0018] 

Notice of DHS’s Requirement of the 

Permanent Labor Certification Final 

Determination for Form I–140 Petitions 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: The Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, is announcing 

updated procedures for submitting a 

Form I–140, Immigrant Petition for 

Alien Workers, accompanied by a 

permanent labor certification approval, 

application for Schedule A designation, 

or National Interest Waiver request 

following the U.S. Department of 

Labor’s implementation of the Foreign 

Labor Application Gateway system. 

DATES: This notice is applicable January 

14, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Charles L. Nimick, Chief, Business and 

Foreign Workers Division, Office of 

Policy and Strategy, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, 5900 Capital 

Gateway Drive, Camp Springs, MD 

20746; telephone 240–721–3000 (this is 

not a toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone numbers above via 

TTY by calling the toll-free Federal 

Information Relay Service at 1–877– 

889–5627 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: The 

Immigration and Nationality Act (INA), 

as amended, established employmentbased immigrant visa preference 

classifications. Specifically, section 

203(b) of the INA, 8 U.S.C. 1153(b), 

makes immigrant visas available to 

noncitizens who qualify under the 

following classifications: individuals 

with extraordinary ability, outstanding 

professors or researchers, and certain 

multinational executives and managers 

(EB–1) under section 203(b)(1) of the 

INA; individuals who are members of 

the professions with advanced degrees 

or of exceptional ability (EB–2) under 

section 203(b)(2) of the INA; and 

professionals, skilled workers, and other 

workers (EB–3) under section 203(b)(3) 

of the INA. 

Sections 204(a)(1)(E) and (F) of the 

INA, 8 U.S.C. 1154(a)(1)(E) and (F), 

require individuals or employers to file 

petitions with DHS when seeking 

classification under section 203(b)(1), 

(2), or (3) of the INA. These petitions are 

filed using Form I–140, Immigrant 

Petition for Alien Workers. 

Permanent Labor Certifications 

Section 212(a)(5)(A) of the INA, 8 

U.S.C. 1182(a)(5)(A), states that any 

alien who seeks to enter the United 

States for the purpose of performing 

skilled or unskilled labor is 

inadmissible, unless the Secretary of 

Labor has determined and certified to 

the Secretary of State and Secretary of 

Homeland Security that: 

• there are not sufficient workers who 

are able, willing, qualified (or equally 

qualified in the case of an alien 

described in clause (ii)), and available at 

the time of application for a visa and 

admission to the United States and at 

the place where the alien is to perform 

such skilled or unskilled labor; and 

• that the employment of such alien 

will not adversely affect the wages and 

working conditions of workers in the 

United States similarly employed. 

This provision also sets out special 

rules for certain members of the 

teaching profession and for individuals 

who have exceptional ability in the 

sciences or the arts. In addition, INA 

section 212(a)(5)(B), 8 U.S.C. 

1182(a)(5)(B), provides separate rules for 

the admission of unqualified 

physicians. 

Under INA section 212(a)(5)(D), 8 

U.S.C. 1182(a)(5)(D), the grounds of 

inadmissibility in paragraphs (A) and 

(B) apply to intending immigrants 

seeking admission or adjustment of 

status under the EB–2 and EB–3 

preference classifications. Accordingly, 

a Form I–140 petition filed under the 

EB–2 and EB–3 preference 

classifications must be accompanied by 

an approved permanent labor 

certification, an application for 

Schedule A designation,1 or a request 

for an exemption from the job offer/ 

permanent labor certification 

requirement, if such an exemption 

would be in the national interest 

(National Interest Waiver).2 Form I–140 

petitions for sheepherders filed under 

20 CFR 656.16 also do not need to be 

filed with a DOL-approved permanent 

labor certification. 

The PERM Labor Certification Process 

Prior to the Foreign Labor Application 

Gateway System 

Before the implementation of the new 

Foreign Labor Application Gateway 

(FLAG) system on June 1, 2023, when 

DOL approved a permanent labor 

certification application, DOL sent an 

original approved Form ETA–9089, 

Application for Permanent Employment 

Certification, and final determination 

and letter to the employer, or to the 

employer’s authorized attorney or agent, 

whichever is applicable. The employer 

was required to sign and retain a signed 

copy of the certified Form ETA–9089.3

The employer or its authorized attorney 

or agent then had to file a Form I–140 

petition with USCIS together with the 

original paper labor certification 

approval, any other supporting 

documentation, and the appropriate 

fees. 

Petitioners filing Form I–140 petitions 

for Schedule A occupations or with 

National Interest Waiver requests had to 

submit an uncertified Form ETA–750B 

(now discontinued), or the Form ETA– 

9089. In addition, Schedule A 

employers were required to submit a 

prevailing wage determination (Form 

ETA–9141) 4 and evidence that a notice 

of filing the Application for Permanent 

Employment Certification was provided 

to the bargaining representative or the 

employer’s employees.5

Transition of PERM to the New Form 

ETA–9089 and Foreign Labor 

Application Gateway System 

On Oct. 25, 2022, DOL received 

approval from the Office of Information 

and Regulatory Affairs within the Office 

of Management and Budget for the use 

of the revised Form ETA–9089, 

Application for Permanent Employment 


khammond on DSK9W7S144PROD with NOTICES