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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:
201402-1615-007
Status:
Historical Inactive
Previous ICR Reference No:
201212-1615-001
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:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
06/20/2014
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/07/2014
Terms of Clearance:
DHS will resubmit this information collection request to OMB at the final rule stage.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2016
36 Months From Approved
04/30/2016
Responses
4,590,049
0
4,590,049
Time Burden (Hours)
7,140,900
0
7,140,900
Cost Burden (Dollars)
14,200,000
0
14,200,000
Abstract:
The information will be used by the USCIS to determine eligibility for work authorization and for the issuance of the employment authorization document.
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:
1615-AB92
Proposed rulemaking
79 FR 11111
02/24/2014
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
79 FR 11111
02/24/2014
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
Application for Employment Authorization
I-765
Application for Employment Authorization
Biometric Processing
Passport-Style Photographs
Work Sheet
I-765WS
Form I-765 Work Sheet
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The current hour inventory approved for this form is 7,140,900 hours, and the requested new total hour burden is 8,408,932, which is an increase of 1,268,032 annual burden hours. The increase in burden hours is due to the agency's new estimates with regard to the number of respondents and also the new population (57,500 respondents) the proposed rule discussed in this supporting statement projects would request H-4 based employment authorization. The table provided under question 12 contains more information on this topic. USCIS is proposing to revise the instructions to Form I-765 to include information for this newly added group of applicants – certain H-4 dependent spouses. The response provided under question 2 contains more information on this proposal. The proposed rule announces that to obtain H-4 based employment authorization, applicants would have to submit a Form I-765 and would also be required to submit documentation establishing either that the H-1B principal has an approved Form I-140, or that the H-4 dependent spouse's current H-4 admission or extension of stay was approved pursuant to the principal H-1B nonimmigrant's admission or extension of stay based on section 106(a) and (b) of AC21.
Annual Cost to Federal Government:
$769,433,910
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
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
Agency Contact:
Angela Lyons 202 272-1585 angela.lyons@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:
05/07/2014
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