View Information Collection Request (ICR) Package
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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:
1615-0137
ICR Reference No:
201805-1615-007
Status:
Historical Active
Previous ICR Reference No:
201610-1615-010
Agency/Subagency:
DHS/USCIS
Agency Tracking No:
I-765V
Title:
Application for Employment Authorization for Abused Nonimmigrant Spouse
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
07/23/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/31/2019
Terms of Clearance:
Approved for two years only due to partial GPEA compliance.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2022
36 Months From Approved
07/31/2020
Responses
1,000
0
3,000
Time Burden (Hours)
2,460
0
4,500
Cost Burden (Dollars)
125,000
0
265,000
Abstract:
Section 814(c) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) amended the Immigration and Nationality Act (INA) to provide eligibility for employment authorization to certain abused spouses of nonimmigrants admitted under INA section 101(a)(15)(A), (E)(iii), (G), or (H). This provision is codified in INA section 106. U.S. Citizenship and Immigration Services (USCIS) will use Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse, to collect the information that is necessary to determine if the applicant is eligible for an initial EAD or renewal EAD as a qualifying abused nonimmigrant spouse.
Authorizing Statute(s):
US Code:
8 USC 1324a(a)(1)(B)
Name of Law: Unlawful Employment of Aliens
US Code:
8 USC 1103
Name of Law: Powers and duties of the Secretary, the Under Secretary, and the Attorney General
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
60-day Notice:
Federal Register Citation:
Citation Date:
83 FR 6872
02/15/2018
30-day Notice:
Federal Register Citation:
Citation Date:
83 FR 22284
05/14/2018
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Application for Employment Authorization for Abused Nonimmigrant Spouse
I-765V
Application for Employment Authorization for Abused Nonimmigrant Spouse
Biometrics
Passport Style Photos
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
1,000
3,000
0
-1,000
-1,000
0
Annual Time Burden (Hours)
2,460
4,500
0
-500
-1,540
0
Annual Cost Burden (Dollars)
125,000
265,000
0
-10,000
-130,000
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:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
Although USCIS increased the average burden per response for this information collection as a result of additions to the form and instructions, the annual burden hours for this information collection have decreased by 2,040 hours. This change can be attributed to the elimination of the requirement for applicants to submit passport-style photographs, as well as a decrease in the estimated number of respondents. USCIS has added clarifying language to the form and instructions; is providing an opportunity for applicants to request a Social Security Number and/or Social Security card as part of their I-765V application; is requesting all countries of citizenship or nationality; and added biographic data elements to the form. The estimated annual cost burden to respondents for this information collection decreased as a result of the elimination of the requirement for applicants to submit passport-style photographs, as well as a decrease in the estimated number of respondents.
Annual Cost to Federal Government:
$190,000
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:
01/31/2019
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