The current burden hour
inventory approved for this form is 8,185,043 hours, and the
requested new total burden is 18,832,854.98 hours, which is an
increase of 56,828,801.98 annual burden hours. The new proposed
estimate for the total number of I-765 respondents is 4,618,099
respondents. USCIS is now reporting a new I-765 population (155,067
respondents), an estimate that the proposed rule discussed. The
table provided under question 12 contains more information on this
topic. USCIS is revising the instructions to Form I-765 to include
information for the newly added groups of applicants –
beneficiaries of approved employment-based immigrant visa petitions
who are in the United States on E-3, H-1B, H-1B1, L-1, or O-1
nonimmigrant status but who cannot obtain an immigrant visa number
due to current backlogs and are experiencing compelling
circumstances. The rule proposes to allow such beneficiaries, and
their spouses and children, to apply for employment authorization
for a limited period if there are compelling circumstances that, in
the discretionary determination of DHS, justify the consideration
of such employment authorization. The eligibility categories stated
in the form instructions are (c)(35) for principal beneficiaries
and (c)(36) for spouses and children. The Form I-765 was amended to
include check boxes that require the applicant to disclose any such
criminal convictions. The applicant is further instructed on the
Form and in the Instructions, to include evidence of any relevant
dispositions. USCIS is revising the instructions to Form I-765 to
require aliens in the new, proposed eligibility categories (c)(35)
and (c)(36) to submit to collection of biometrics information and
pay the biometric services fee of $85. Unlike most categories, the
spouses and children of approved employment applicants, do not
necessarily have a “principal” or “primary” benefit request that
evaluates the alien’s risk to U.S. public safety and national
security through background and/or security checks. USCIS believes
that requiring biometrics for these applicants will mitigate the
risk to USCIS of providing employment authorization to individuals
who may be a risk to public safety or national security. USCIS is
also revising the instructions to Form I-765 to delete information
regarding the granting of interim Employment Authorization
Documents to applicants when USCIS has failed to adjudicate Form
I-765 within 90 days of USCIS’s receipt of the application. The
response provided under question 2 also contains information about
this change. USCIS continues to consider the time burden and costs
described above under questions 12 and 13; it will provide a more
detailed accounting of the effects on the total burden of this
information collection resulting from these activities in future
information collection request to OMB.
$1,792,028,570
No
No
No
No
No
Uncollected
Michelle Young 202
272-0202
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:
(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;
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.