Application for Employment Authorization for Abused Nonimmigrant Spouse

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form I-765V Application for Employment Authorization for Abused Nonimmigrant Spouse	Form	Modified	Available
I765V-010-INS-TOC-FeeRule-OPSReview-FR-10172023.docx	Supplementary Document	Uploaded 2024-01-26	Repair queued
SORN 018 DHS_USCIS IBBC 20180731.pdf	Supplementary Document	Uploaded 2022-03-17	Available
SORN 001 AFileIndexNFTS 2017 09 18.pdf	Supplementary Document	Uploaded 2022-03-17	Repair queued
I-765V-010-REV_FinalFeeRule_SupportingStatement.docx	Supporting Statement A	Uploaded 2024-01-26	Repair queued
privacy-pia-016a-uscis-claims3-march25,2016.pdf	Supplementary Document	Uploaded 2018-05-16	Available
DHS-USCIS-007_SORN_101019.pdf	Supplementary Document	Uploaded 2022-03-17	Repair queued
PLAW-109publ162 Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005).pdf	Supplementary Document	Uploaded 2016-10-19	Repair queued
INA-ACT 106 EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN NONIMMIGRANTS.pdf	Supplementary Document	Uploaded 2016-10-19	Repair queued
103.16 Collection, use and storage of biometric information..pdf	Supplementary Document	Uploaded 2016-10-19	Repair queued
8 U.S.C. 1324a.pdf	Supplementary Document	Uploaded 2016-10-19	Repair queued
8 CFR Part 274a.pdf	Supplementary Document	Uploaded 2016-10-19	Repair queued
8 CFR 103.2.pdf	Supplementary Document	Uploaded 2016-10-19	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
223942	Biometrics		Unchanged
223940	Application for Employment Authorization for Abused Nonimmigrant Spouse	Form	Modified	Application for Employment Authorization for Abused Nonimmigrant Spouse
223940	Application for Employment Authorization for Abused Nonimmigrant Spouse	Instruction	Modified

ICR Details

OMB Control No: 1615-0137	ICR Reference No: 202401-1615-031
Status: Active	Previous ICR Reference No: 202201-1615-002
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: Approved without change	Conclusion Date: 03/19/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/09/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2027	36 Months From Approved	07/31/2025
Responses	700	0	700
Time Burden (Hours)	1,658	0	1,723
Cost Burden (Dollars)	87,500	0	87,500

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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.

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Authorizing Statute(s): US Code: 8 USC 1103 Name of Law: Powers and duties of the Secretary, the Under Secretary, and the Attorney General
   US Code: 8 USC 1324a(a)(1)(B) Name of Law: Unlawful Employment of Aliens
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AC68	Final or interim final rulemaking	89 FR 6194	01/31/2024

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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: 2

table that charts list of burden

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

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ICR Summary of Burden

table that charts list 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	700	700	0	0	0	0
Annual Time Burden (Hours)	1,658	1,723	0	-65	0	0
Annual Cost Burden (Dollars)	87,500	87,500	0	0	0	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: Yes

Burden Reduction Due to: Changing Forms

Short Statement: This information collection has been revised to reflect changes of the Fee Final Rule (RIN 1615-AC68). USCIS has consolidated filing fee information from individual form instructions into the Form G-1055, Fee Schedule. These changes include removing instructional information about: filing fees, biometric services fees, processing information, payment methods, electronic funds transfers, fee waivers, and premium processing. There is a decrease in the annual estimated hour burden to respondents, due to the removal of fee related content in instructions and consolidation and reformatting of fee related language in the Form G-1055, Fee Schedule. There is no change to the annual estimated cost burden to respondents for this information collection as a result of the rulemaking.

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Annual Cost to Federal Government: $154,000

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: 02/09/2024

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