USCIS will use the information
collected to determine eligibility for work authorization and for
the issuance of an employment authorization document.
USCIS is requesting
emergency approval of the revision of two information collections
under 5 CFR 1320.13: Form I-589, Application for Asylum and for
Withholding of Removal (1615-0067) and Form I-765, Application for
Employment Authorization (1615-0040). On June 26, 2020, after going
through notice and comment rulemaking, the Department of Homeland
Security (DHS) issued a final rule titled Asylum Application,
Interview, and Employment Authorization for Applicants.1 On
February 7, 2022, in Asylumworks et al. v. Mayorkas et al., the
U.S. District Court for the District of Columbia vacated the Asylum
Application, Interview, and Employment Authorization for Applicants
rule. DHS did not appeal the decision and allowed the 60-day period
in which to note an appeal expire. DHS is moving to fully comply
with the court’s decision vacating the Asylum Application,
Interview, and Employment Authorization for Applicants rule.2
Therefore, Form I-589 and Form I-765 need to be amended to remove
any changes promulgated by the Asylum Application, Interview, and
Employment Authorization for Applicants rule. DHS is seeking
emergency processing to reverse the changes made by that rule in
order to fully comply with the court’s vacatur of the Asylum
Application, Interview, and Employment Authorization for Applicants
rule.
US Code:
8 USC
1153 Name of Law: Immigration Nationality Act
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.