Application for Employment Authorization for Abused Nonimmigrant Spouse

Forms and Documents

Document Name	Status
I-765V-005_REV_1615-AC14_NPRM_Supporting Statement.docx Supporting Statement A	2020-09-11
privacy-pia-016a-uscis-claims3-march25,2016.pdf Supplementary Document	2018-05-16
SORN 007 Benefits Info Sys 2016 10 19.pdf Supplementary Document	2018-05-16
SORN 001 AFileIndexNFTS 2013 11 21.html Supplementary Document	2018-05-16
I765V-005-INS-TOC-BiometricsRule-NPRM-05192020.docx Supplementary Document	2020-09-08
I765V-005-FRM-TOC-BiometricsRule-NPRM-05192020.docx Supplementary Document	2020-09-08
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

IC Document Collections

IC ID	Document Title	Status
223942	Biometrics	Modified
223940	Application for Employment Authorization for Abused Nonimmigrant Spouse Instruction	Modified

ICR Details

OMB Control No: 1615-0137	ICR Reference No: 202009-1615-017
Status: Historical Inactive	Previous ICR Reference No: 201805-1615-007
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-765V
Title: Application for Employment Authorization for Abused Nonimmigrant Spouse
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 10/30/2020
	Date Received in OIRA: 09/15/2020
Terms of Clearance: In accordance with 5 CFR 1320, OIRA is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OIRA a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments. Any previous terms of clearance continue to apply.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2022	36 Months From Approved	07/31/2022
Responses	1,000	0	1,000
Time Burden (Hours)	2,460	0	2,460
Cost Burden (Dollars)	125,000	0	125,000

---

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. U.S. Citizenship and Immigration Services (USCIS) will use Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse, to collect the information that is necessary to determine if the applicant is eligible for an initial EAD or renewal EAD as a qualifying abused nonimmigrant spouse.

---

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

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC14	Proposed rulemaking	85 FR 56338	09/11/2020

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

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

---

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: There is an increase in the total annual time burden due to an increase in the estimated number of respondents. The total number of respondents for Biometric Processing increased due to new program requirements. The time burden estimate for biometric processing also increased due to including the travel time to the appointments. The revised estimated cost burden is due to an agency revised assessment of out-of-pocket costs.

---

Annual Cost to Federal Government: $385,300

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

---

Common Form ICR:  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:

(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: 09/15/2020

---