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OMB Control No: 1615-0040	ICR Reference No: 202006-1615-005
Status: Historical Active	Previous ICR Reference No: 202006-1615-001
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: Approved with change	Conclusion Date: 07/21/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/13/2020
Terms of Clearance: This form change is approved to take effect on August 25, 2020. USCIS will display both the current version and the new Asylum EAD Rule version of the form for a period of time up to the effective date of the new form, which is concurrent with the effective date of the associated rulemaking (August 25, 2020). USCIS will clearly identify filing dates for each form version and provide instructions on when and how to correctly file both versions. Upon the effective date of the new version of the form, USCIS will remove the old version of the form from its website. 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	06/30/2022
Responses	5,346,541	0	5,176,535
Time Burden (Hours)	12,530,645	0	11,934,966
Cost Burden (Dollars)	732,339,524	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.

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-AC27	Final or interim final rulemaking	85 FR 124	06/26/2020

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	5,346,541	5,176,535	170,006
Annual Time Burden (Hours)	12,530,645	11,934,966	595,679
Annual Cost Burden (Dollars)	732,339,524	400,895,820	331,443,704

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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: USCIS is making a number of changes to the I-765 information collection as a result of this rule. A series of questions was added to Form I-765 that will allow USCIS to evaluate if applicants filing under the (c)(8) eligibility category meet the rule’s requirement of, for example, having lawfully entered the United States through a port of entry. Applicants who did not enter lawfully are provided an opportunity to explain the circumstances of their unlawful entry. Additionally, under the rule, all applicants under the (c)(8) eligibility category will be required to pay the $85 biometric services fee and attend a biometric services appointment. This expands the number of employment authorization eligibility categories required to submit biometrics after filing Form I-765, and increases the respondent population for the biometric processing information collection. New, expanded instructions relating to the requirements of the rule and the new questions on the form were added to the I-765 Instructions. These instructions provide information regarding the biometric services appointment requirement; the consequences on employment authorization eligibility of having filed for asylum after the one-year filing deadline; the lawful entry requirement; the potential consequences on employment authorization under the (c)(8) category of having been convicted of certain types of crimes; the evidence required in association with any arrests or convictions; the types of delays that USCIS will consider “applicant-caused”; and the impacts applicant-caused delays may have on employment authorization. The Instructions also clarify that the (c)(11) eligibility category is not available to applicants who were paroled into the United States on the basis of having established a credible fear of persecution or torture.

Annual Cost to Federal Government: $963,015,425

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: Melanie Frank 202 527-4488 melanie.r.frank2@uscis.dhs.gov

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