Application for Employment Authorization

OMB Control No: 1615-0040	ICR Reference No: 201611-1615-005
Status: Historical Active	Previous ICR Reference No: 201610-1615-022
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: Approved with change	Conclusion Date: 12/19/2016
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/21/2016
Terms of Clearance: USCIS may continue to use the previously approved form through January 16, 2016. Approved for two years only due to partial GPEA compliance.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2018	36 Months From Approved	02/28/2018
Responses	4,928,233	0	4,463,032
Time Burden (Hours)	8,974,334	0	8,185,043
Cost Burden (Dollars)	649,521,330	0	602,380,864

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Abstract: USCIS will use the information collected to determine eligibility for work authorization and for the issuance of an 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-AC05	Final or interim final rulemaking	81 FR 82398	11/18/2016

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 81899	12/31/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 82398	11/18/2016
Did the Agency receive public comments on this ICR? Yes

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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 Document Biometric Processing Work Sheet I-765WS I-765 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	4,928,233	4,463,032	0	465,201	0	0
Annual Time Burden (Hours)	8,974,334	8,185,043	0	789,291	0	0
Annual Cost Burden (Dollars)	649,521,330	602,380,864	0	47,140,466	0	0

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 burden hour inventory approved for this form is 8,185,043 hours, and the requested new total burden is 8,974,364 hours, which is an increase of 789,321 annual burden hours. The new proposed estimate for the total number of I-765 respondents is 2,136,583 respondents. USCIS is now reporting a new I-765 population (155,067 respondents), an estimate that the proposed rule discussed.

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Annual Cost to Federal Government: $846,356,235

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: Jameela Turay 703 305-9445 [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: 11/21/2016

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