30-Day Comment Response Matrix

Form I-765 Revision: 30-Day FRN Public Comments and Responses

Comment Submitted by THE AMERICAN IMMIGRATION
LAWYERS ASSOCIATION
The commenter believes that the length and layout of Form I-765
and accompanying instructions overly complicate the application
and unnecessarily add to the burden of completing it. The
commenter believes that the additional data points on the current
form are not essential for USCIS to perform its adjudicatory
functions, and that the additional data captured appears to add time
to the adjudication process without adding clarity.
The commenter believes that neither the Form I-765 nor its
accompanying instructions adequately signal which sections pertain
to each specific eligibility category. The commenter recommends
that both the form and its instructions be separated into a base
document accompanied by multiple supplements. The commenter
believes that more definitively separating instructions for each
eligibility category by use of space, font, or other devices, would
greatly facilitate the application process, enhance the efficiency of
the preparation process, and reduce the time required to complete an
application. The commenter also recommends that language be
added to the instructions stating that applicants are required to
provide only the documents pertaining to their specific eligibility
category.
The commenter also urges USCIS to review the information
currently included both in and outside of the Form I-765 instructions
and ensure that applicants, stakeholders, and representatives are
adequately able to access relevant guidance for their respective
applications.
The commenter urges USCIS to promptly update both Form I-765
and instructions to reflect the updates to USCIS policies and
procedures in light of the Asylumworks v. Mayorkas decision,
remove any outdated questions from the Form I-765, and to
effectively advise applicants of the information that they are
required to provide on both its website and the instructions. The
commenter believes that an unjust adjudication created by the
outdated collection of information may result in applicants needing
to wait several years for the adjudication of their asylum case before
they are able to support themselves.
The commenter believes that the Form I-765 is unnecessarily
lengthened by the inclusion of pages gathering information about
potential interpreters and preparers. The commenter believes that
information gathered on a Form G-28 includes the relevant data
points. The commenter recommends that the corresponding
instructions be revised to avoid ambiguity.
The commenter recommends that USCIS do the following:

USCIS Response
This comment is outside of the
scope of the changes being made
to the Form I-765 instructions as
a result of the Procedures for
Credible Fear Screening and
Consideration of Asylum,
Withholding of Removal, and
CAT Protection Claims by
Asylum Officers Interim Final
Rule (Asylum Processing IFR).
However, USCIS is currently
reviewing the Form I-765 and
instructions to reduce
administrative burdens and
improve efficiency, equity, and
accessibility throughout the
customer experience in
compliance with President
Biden’s Executive Order on
“Transforming Federal Customer
Experience and Service Delivery
to Rebuild Trust in Government,”
86 FR 71357 (Dec. 13, 2021).
USCIS is also updating the Form
I-765 to comply with the U.S.
District Court for the District of
Columbia’s February 7th, 2022,
vacatur of the Removal of 30-Day
Processing Provision for Asylum
Applicant-Related Form I-765
Employment Authorization
Applications and Asylum
Application, Interview, and
Employment Authorization for
Applicants final rules published in
June 2020.

Form I-765 Revision: 30-Day FRN Public Comments and Responses
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Remove the questions pertaining to alternate names and
instead instruct applicants to include this information, where
necessary, in the space provided in Part 6 for additional
information.
Ensure that the information related to biometric service
appointments available in Part 3 of the application is the
same as the information on page 20 of the instructions.
Provide guidance on the length of time it expects to retain
original documents, circumstances that will cause USCIS to
return original documents, and instructions on how and
where to request return of original documents requested by
USCIS.
Update the form instructions to confirm that obtaining an
employment authorization document for certain dependent
nonimmigrant spouses is optional rather than mandatory.
Clarify in the instructions when an applicant would need to
appear at a USCIS office for an interview.
Update the instructions, as well as all pages on the USCIS
website that mention the previous self-scheduling InfoPass
process to reflect the new process for scheduling a local
USCIS office appointment.

Comment Submitted by John Flanagan

USCIS Response

The commenter believes that the Paperwork Reduction Act is a
misnomer because it has allowed USCIS to turn what used to be a
one-page form into a nine-page “monstrosity”. The commenter
believes that USCIS has not provided any reasoning for reformatting
the Form I-765, and the changes it has made are confusing or fail to
take into account recent court decisions.

This comment is outside of the
scope of the changes being made
to the Form I-765 instructions as
a result of the Asylum Processing
IFR.

The commenter stated that there are numerous questions for the c(8)
category that are no longer relevant and the instructions are outdated
because of the Asylumworks litigation. The commenter believes that
this disadvantages pro se applicants. The commenter recommends
that USCIS clearly disclose that the relevant rules no longer apply.

USCIS is currently reviewing the
Form I-765 and instructions to
reduce administrative burdens and
improve efficiency, equity, and
accessibility throughout the
customer experience in
compliance with President
Biden’s Executive Order on
“Transforming Federal Customer
Experience and Service Delivery
to Rebuild Trust in Government,”
86 FR 71357 (Dec. 13, 2021).
USCIS is also updating the Form
I-765 to comply with the U.S.
District Court for the District of
Columbia’s February 7th, 2022,
vacatur of the Removal of 30-Day
Processing Provision for Asylum
Applicant-Related Form I-765

Form I-765 Revision: 30-Day FRN Public Comments and Responses
Employment Authorization
Applications and Asylum
Application, Interview, and
Employment Authorization for
Applicants final rules published in
June 2020.