Application for Employment Authorization

Forms and Documents

Document Name	Status
Form I-765WS I-765 Worksheet Form and Instruction	Modified
Form I-765 Application for Employment Authorization Form	Modified
I-765-030_REV_1615-AC18_FR_SPTSTMT.docx Supporting Statement A	2020-08-03
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf Supplementary Document	2020-08-03
I765WS-030-FRM-TOC-Rev+FinalFeeRule-PostG1056-07242020.docx Supplementary Document	2020-08-03
I765-030-INS-TOC-Rev+FinalFeeRule-PostG1056-07272020.docx Supplementary Document	2020-08-03
I765-030-FRM-TOC-Rev+FinalFeeRule-PostG1056-07272020.docx Supplementary Document	2020-08-03
SORN 007 Benefits Info Sys 2016 10 19.pdf Supplementary Document	2020-06-30
DHS-USCIS-ICE-CBP-001_SORN_111222013_78FR69983.pdf Supplementary Document	2020-06-01
privacy-pia-056-uscis-eliseappendixaupdate-may17,2016.pdf Supplementary Document	2018-02-09
privacy-pia-016a-uscis-claims3-march25,2016.pdf Supplementary Document	2018-02-09
Reference citations_FRM I765.doc Supplementary Document	2018-02-09

IC Document Collections

IC ID	Document Title	Status
203680	Passport-Style Photographs	Modified
203678	I-765 Worksheet Form and Instruction	Modified
203677	Biometric Processing	Modified
20321	Application for Employment Authorization Form	Modified

ICR Details

OMB Control No: 1615-0040	ICR Reference No: 202008-1615-003
Status: Active	Previous ICR Reference No: 202006-1615-005
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: 08/28/2020
	Date Received in OIRA: 08/18/2020
Terms of Clearance: This form change is approved to take effect on October 2, 2020. USCIS will display both the current version and the new Fee 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 (October 2, 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	08/31/2022	36 Months From Approved	07/31/2022
Responses	5,176,535	0	5,346,541
Time Burden (Hours)	11,934,966	0	12,530,645
Cost Burden (Dollars)	400,895,820	0	732,339,524

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

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Authorizing Statute(s): US Code: 8 USC 1153 Name of Law: Immigration Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC18	Final or interim final rulemaking	85 FR 46788	08/03/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Application for Employment Authorization	I-765	Application for Employment Authorization Document
Biometric Processing
I-765 Worksheet	I-765WS	Form I-765 Worksheet
Passport-Style Photographs

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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	5,176,535	5,346,541	0	0	-170,006	0
Annual Time Burden (Hours)	11,934,966	12,530,645	0	0	-595,679	0
Annual Cost Burden (Dollars)	400,895,820	732,339,524	0	0	-331,443,704	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: No

Burden Reduction Due to:

Short Statement: Form I-765 has been revised to reflect changes proposed by the Fee Rule. These changes include: requiring the filing fee for I-765s filed in connection with a pending I-485; removing fee waiver eligibility; removing the biometrics services fee language; adding language about USCIS’ Secure Mail Initiative; and requiring the filing fee for initial EAD’s from multiple categories that were previously not required to pay the fee.

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Annual Cost to Federal Government: $1,282,986,050

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

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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: 08/18/2020

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