Application for Employment Authorization

OMB Control No: 1615-0040	ICR Reference No: 201208-1615-002
Status: Historical Active	Previous ICR Reference No: 201109-1615-001
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-765
Title: Application for Employment Authorization
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/14/2012
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/14/2012
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/14/2012
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for 6 months. If USCIS decides to continue use of the collection past the approved emergency request clearance time period, it must resubmit to OMB under the normal PRA clearance process.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2013	6 Months From Approved	04/30/2013
Responses	5,955,249	0	720,000
Time Burden (Hours)	9,048,767	0	2,459,520
Cost Burden (Dollars)	0	0	0

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Abstract: The information will be used by the USCIS to determine eligibility for work authorization and for the issuance of the employment document.

Emergency Justfication: USCIS is seeking emergency review and approval of this collection of information under 5 CFR 1320.13. Based on USCIS and legacy INS’s past experiences, there is significant concern that unauthorized practitioners of immigration law or unethical attorneys will seek to take advantage of individuals who may be eligible for consideration of deferred action under the new process in the period between the announcement and the implementation of the procedures for accepting requests for consideration of deferred action. The longer the period before the process is implemented, the greater the risk that this fraud will occur and that it will be on a large scale. In order to prevent against a significant outbreak of fraud, the process needs to be implemented quickly. USCIS believes that it is in the public’s best interest to forgo public notice and comment before implementation of these forms.

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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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: 4

IC Title Form No. Form Name Application for Employment Authorization I-765 Application for Employment Authorization Biometric Processing Work Sheet I-765WS Work Sheet Passport-Style Photographs

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ICR Summary 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	5,955,249	720,000	0	5,235,249	0	0
Annual Time Burden (Hours)	9,048,767	2,459,520	0	6,589,247	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: The current hour inventory approved for this form is 2,459,520 hours, and the requested new total hour burden is 9,045,738, which is an increase of 6,586,218 burden hours. This is due to the increase inresults from the number of respondents based upon the expected filing increase due to the Secretary's Memorandum of June 15, 2012 for who will be requesting consideration of deferred action for childhood arrivals.for DACA. USCIS is also including the time burden associated with the collection of biometrics from some I-765 applicants, the burden to provide passport-style photographs, and the burden associated with the new Form I-765 Worksheet, Form I-765WS. See the summary table in question 12. USCIS will provide a more detailed accounting of the effects on the total burden of this information collection resulting from each of these changes in its next submissioninformation collection request to OMB

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Annual Cost to Federal Government: $787,049,114

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

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? Uncollected

Agency Contact: Laura Dawkins 202 514-4754 [email protected]

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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: 08/14/2012

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