The Life of a Form Change

An agency decides to create a new form or modify an existing one to collect information needed to administer an immigration benefit, enforcement program, or other agency function. Some forms have an expiration date, and an agency is tasked to review and/or revise the form on a regular basis. Just like rules, forms are important to monitor and comment on because the data or information collected and provided to the government may have serious consequences for the individual or public, may be very different from past practice and remove or add a piece of information of importance, and/or add a burden to the public.

Most immigration forms must undergo review under the Paperwork Reduction Act (PRA), which is designed to reduce unnecessary paperwork burdens on the public before they are approved by the OMBThe larger office that oversees the federal budget and government management. OIRA is a component of OMB..

Note that some agencies may forgo OMB review by seeking emergency approval for information collections, which is limited to situations where normal notice and comment procedures cannot be met by an agency under special circumstances. These circumstances are in the Code of Federal Regulations and specifically address situations where public harm is likely to result from waiting for normal procedures, where there is an unanticipated event, or where normal procedures are likely to cause a statutory or court-ordered deadline to be missed.

For guidance, see how to find proposed forms on the website and how to read and understand a proposed form.

The agency publishes a notice seeking public comments on the proposed form. The public can comment on the necessity of the information requested, the estimated burden on applicants, and ways to improve the form.

For guidance, see how to write, structure, and submit your comment and how to view submitted comments.

After considering the initial comments, the agency submits the form package for additional review, responses to initial comments, and provides another opportunity for public comment.

The form is reviewed and approved, typically by the Office of Management and Budget (OMBThe larger office that oversees the federal budget and government management. OIRA is a component of OMB.), and the agency publishes the updated form.

Applicants must begin using the new form by the effective date announced by the agency. There is usually — but not always — a grace period during which applicants can use the old form or the new form, but once that period is over, the only form that will be accepted is the new form.