Application for Employment Authorization

OMB Control No: 1615-0040	ICR Reference No: 201402-1615-007
Status: Historical Inactive	Previous ICR Reference No: 201212-1615-001
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: 06/20/2014
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/07/2014
Terms of Clearance: DHS will resubmit this information collection request to OMB at the final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2016	36 Months From Approved	04/30/2016
Responses	4,590,049	0	4,590,049
Time Burden (Hours)	7,140,900	0	7,140,900
Cost Burden (Dollars)	14,200,000	0	14,200,000

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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 authorization document.

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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:
1615-AB92	Proposed rulemaking	79 FR 11111	02/24/2014

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 11111	02/24/2014
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 Form I-765 Work Sheet Passport-Style Photographs

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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 7,140,900 hours, and the requested new total hour burden is 8,408,932, which is an increase of 1,268,032 annual burden hours. The increase in burden hours is due to the agency's new estimates with regard to the number of respondents and also the new population (57,500 respondents) the proposed rule discussed in this supporting statement projects would request H-4 based employment authorization. The table provided under question 12 contains more information on this topic. USCIS is proposing to revise the instructions to Form I-765 to include information for this newly added group of applicants – certain H-4 dependent spouses. The response provided under question 2 contains more information on this proposal. The proposed rule announces that to obtain H-4 based employment authorization, applicants would have to submit a Form I-765 and would also be required to submit documentation establishing either that the H-1B principal has an approved Form I-140, or that the H-4 dependent spouse's current H-4 admission or extension of stay was approved pursuant to the principal H-1B nonimmigrant's admission or extension of stay based on section 106(a) and (b) of AC21.

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Annual Cost to Federal Government: $769,433,910

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: Angela Lyons 202 272-1585 [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: 05/07/2014

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