Application for Employment Authorization

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-765WS Form I-765 Worksheet	Form and Instruction	Modified	Available
Form I-765WS I-765 Worksheet	Form and Instruction	Modified	Repair queued
Form I-765 Application for Employment Authorization Document	Form	Modified	Available
Form I-765 Application for Employment Authorization (paper filing)	Form	Modified	Repair queued
I765-037-INS-TOC-DACA NPRM.docx	Supplementary Document	Uploaded 2021-12-02	Repair queued
privacy-pia-uscis071a-myuscisaccountexperience-appendixbupdate-febuary2021.pdf	Supplementary Document	Uploaded 2021-02-17	Repair queued
privacy-pia-061-uscis-benefitrequestintakeprocess-march15,2016.pdf	Supplementary Document	Uploaded 2021-02-12	Repair queued
SORN 018 DHS_USCIS IBBC 20180731.pdf	Supplementary Document	Uploaded 2021-02-12	Repair queued
I-765-037-RIN1615-AC64-DACA NPRM-Supporting Statement.docx	Supporting Statement A	Uploaded 2021-12-02	Repair queued
SORN 007 Benefits Info Sys 2016 10 19.pdf	Supplementary Document	Uploaded 2020-06-30	Repair queued
DHS-USCIS-ICE-CBP-001_SORN_111222013_78FR69983.pdf	Supplementary Document	Uploaded 2020-06-01	Repair queued
privacy-pia-uscis056a-elisappendixbupdate-february2021.pdf	Supplementary Document	Uploaded 2021-02-17	Repair queued
privacy-pia-016a-uscis-claims3-march25,2016.pdf	Supplementary Document	Uploaded 2018-02-09	Repair queued
Reference citations_FRM I765.doc	Supplementary Document	Uploaded 2018-02-09	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
245763	I-765 Online Filing	Other-Online Filing	Unchanged
203680	Passport-Style Photographs		Modified
203678	I-765 Worksheet	Form and Instruction	Modified	Form I-765 Worksheet
203678	I-765 Worksheet	Form and Instruction	Modified
203677	Biometrics Submission		Unchanged
20321	Application for Employment Authorization (paper filing)	Form	Modified	Application for Employment Authorization Document
20321	Application for Employment Authorization (paper filing)	Form	Modified
20321	Application for Employment Authorization (paper filing)	Instruction	Modified

ICR Details

OMB Control No: 1615-0040	ICR Reference No: 202112-1615-001
Status: Historical Inactive	Previous ICR Reference No: 202106-1615-006
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: Comment filed on proposed rule and continue	Conclusion Date: 01/25/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/07/2022
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. When and if the agency submits the ICR associated with the final rule, the agency is reminded to follow the procedures in 5 CFR 1320 regarding collections associated with rules.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2022	36 Months From Approved	08/31/2022
Responses	5,176,535	0	5,176,535
Time Burden (Hours)	11,881,376	0	11,881,376
Cost Burden (Dollars)	400,895,820	0	400,895,820

---

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

---

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

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC64	Proposed rulemaking	86 FR 53736	09/28/2021

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 5

table that charts list of burden

IC Title	Form No.	Form Name
Application for Employment Authorization (paper filing)	I-765	Application for Employment Authorization Document
Biometrics Submission
I-765 Online Filing
I-765 Worksheet	I-765WS	Form I-765 Worksheet
Passport-Style Photographs

---

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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: There is an estimated decrease in the annual hour burden to respondents for this information collection as a result of the changes being proposed in RIN 1615-AC64. USCIS estimates fewer DACA requestors will file Form I-765 (and Form I-765WS) if it is no longer required to be submitted with Form I-821D, which decreases the overall hour burden estimate for this information collection. There is an estimated decrease in the annual cost burden to respondents for this information collection as a result of the changes being proposed in RIN 1615-AC64. USCIS estimates fewer DACA requestors will also file Form I-765 if it is no longer required to be submitted with Form I-821D, which decreases the overall out of pocket cost estimate for this information collection.

---

Annual Cost to Federal Government: $915,163,735

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: 01/07/2022

---