Application for Employment Authorization

ICR 201511-1615-011

OMB: 1615-0040

Federal Form Document

Forms and Documents
Document
Name
Status
Form
Modified
Form
Modified
Supplementary Document
2015-11-25
Supplementary Document
2015-12-30
Supplementary Document
2015-12-30
Supplementary Document
2015-11-25
Supplementary Document
2015-11-25
Supplementary Document
2015-11-25
Supplementary Document
2015-11-25
Supplementary Document
2015-11-25
Supporting Statement A
2015-12-31
IC Document Collections
IC ID
Document
Title
Status
203680
Modified
203678 Modified
203677
Modified
20321 Modified
ICR Details
1615-0040 201511-1615-011
Historical Inactive 201509-1615-007
DHS/USCIS I-765, I-765WS
Application for Employment Authorization
Revision of a currently approved collection   No
Regular
Comment filed on proposed rule and continue 02/04/2016
Retrieve Notice of Action (NOA) 12/02/2015
USCIS must send a request to collect this information after reviewing public comments.
  Inventory as of this Action Requested Previously Approved
02/28/2018 36 Months From Approved 02/28/2018
4,463,032 0 4,463,032
8,185,043 0 8,185,043
602,380,864 0 602,380,864

USCIS will use the information collected to determine eligibility for work authorization and for the issuance of an employment authorization document.

US Code: 8 USC 1153 Name of Law: Immigration Nationality Act
  
None

1615-AC05 Proposed rulemaking 80 FR 81899 12/31/2015

  80 FR 81899 12/31/2015
Yes

4
IC Title Form No. Form Name
Application for Employment Authorization I-765 Application for Work Authorization
Biometric Processing
Work Sheet I-765 Work Sheet I-765WS
Passport-Style Photographs

Yes
Changing Regulations
No
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.
12/02/2015


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