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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1615-0040
ICR Reference No:
202207-1615-004
Status:
Historical Active
Previous ICR Reference No:
202204-1615-010
Agency/Subagency:
DHS/USCIS
Agency Tracking No:
I-765, I-765WS
Title:
Application for Employment Authorization
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
07/26/2022
OIRA Conclusion Action:
Approved without change
Conclusion Date:
07/26/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/20/2022
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2023
6 Months From Approved
08/31/2022
Responses
5,176,535
0
5,176,535
Time Burden (Hours)
11,881,376
0
11,881,376
Cost Burden (Dollars)
400,895,820
0
400,895,820
Abstract:
USCIS will use the information collected to determine eligibility for work authorization and for the issuance of an employment authorization document.
Emergency Justfication:
USCIS is requesting emergency approval of the revision of two information collections under 5 CFR 1320.13: Form I-589, Application for Asylum and for Withholding of Removal (1615-0067) and Form I-765, Application for Employment Authorization (1615-0040). On June 26, 2020, after going through notice and comment rulemaking, the Department of Homeland Security (DHS) issued a final rule titled Asylum Application, Interview, and Employment Authorization for Applicants.1 On February 7, 2022, in Asylumworks et al. v. Mayorkas et al., the U.S. District Court for the District of Columbia vacated the Asylum Application, Interview, and Employment Authorization for Applicants rule. DHS did not appeal the decision and allowed the 60-day period in which to note an appeal expire. DHS is moving to fully comply with the court’s decision vacating the Asylum Application, Interview, and Employment Authorization for Applicants rule.2 Therefore, Form I-589 and Form I-765 need to be amended to remove any changes promulgated by the Asylum Application, Interview, and Employment Authorization for Applicants rule. DHS is seeking emergency processing to reverse the changes made by that rule in order to fully comply with the court’s vacatur of the Asylum Application, Interview, and Employment Authorization for Applicants rule.
Authorizing Statute(s):
US Code:
8 USC 1153
Name of Law: Immigration Nationality Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
5
IC Title
Form No.
Form Name
Application for Employment Authorization (paper filing)
I-765
Application for Employment Authorization Document
Biometrics Submission
I-765 Online Filing
I-765 Worksheet
I-765WS
Form I-765 Worksheet
Passport-Style Photographs
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
5,176,535
5,176,535
0
0
0
0
Annual Time Burden (Hours)
11,881,376
11,881,376
0
0
0
0
Annual Cost Burden (Dollars)
400,895,820
400,895,820
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:
No
Burden Reduction Due to:
Short Statement:
Annual Cost to Federal Government:
$1,039,235,475
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
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?
No
Agency Contact:
Kerstin Jager 214 489-8022 kerstin.a.jager@uscis.dhs.gov
Common Form ICR:
No
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:
07/20/2022
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