Application for Employment Authorization for Abused Nonimmigrant Spouse

Forms and Documents

Document Name	Status
PLAW-109publ162 Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005).pdf Supplementary Document	2016-10-19
INA-ACT 106 EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN NONIMMIGRANTS.pdf Supplementary Document	2016-10-19
103.16 Collection, use and storage of biometric information..pdf Supplementary Document	2016-10-19
8 U.S.C. 1324a.pdf Supplementary Document	2016-10-19
8 CFR Part 274a.pdf Supplementary Document	2016-10-19
8 CFR 103.2.pdf Supplementary Document	2016-10-19
30-day FRN I-765V 10 18 16.pdf Supplementary Document	2016-10-18
11 22 16 1615-NEW I-765V Supporting Statement.doc Supporting Statement A	2016-11-22
Public Comment Matrix - I-765V 60 Day FRN.docx Supplementary Document	2016-11-29
60-day FRN 05 27 16.pdf Supplementary Document	2016-10-14
privacy-pia-uscis-claims3-march2016_0.pdf Supplementary Document	2016-11-22
DHS-USCIS-007 BIS 10.19.16.pdf Supplementary Document	2016-11-22
DHS-USCIS-001 Alien File, Index.pdf Supplementary Document	2016-10-14

IC Document Collections

IC ID	Document Title	Status
223943	Passport Style Photos	New
223942	Biometrics	New
223940	Application for Employment Authorization for Abused Nonimmigrant Spouse Instruction	New

ICR Details

OMB Control No: 1615-0137	ICR Reference No: 201610-1615-010
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-765V
Title: Application for Employment Authorization for Abused Nonimmigrant Spouse
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 01/19/2017
	Date Received in OIRA: 11/30/2016
Terms of Clearance: Approved for two years only due to partial GPEA compliance.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2019	36 Months From Approved
Responses	3,000	0	0
Time Burden (Hours)	4,500	0	0
Cost Burden (Dollars)	265,000	0	0

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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, DHS is proposing an employment authorization program for eligible battered spouses under INA section 106.

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Authorizing Statute(s): US Code: 8 USC 1324a(a)(1)(B) Name of Law: Unlawful Employement 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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 33689	05/27/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 71749	10/18/2016
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

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

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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	3,000	0	0	3,000	0	0
Annual Time Burden (Hours)	4,500	0	0	4,500	0	0
Annual Cost Burden (Dollars)	265,000	0	0	265,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: USCIS is submitting this requesting order for qualifying abused nonimmigrant spouses to seek safety and financial stability from their abuser. The Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse, permits battered spouses of nonimmigrants admitted under subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15) of the Act to apply for employment authorization based on section 106 of the INA.

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Annual Cost to Federal Government: $385,300

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

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Common Form ICR:  No

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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: 11/30/2016

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