Application for Employment Authorization

OMB Control No: 1615-0040	ICR Reference No: 202207-1615-004
Status: Received in OIRA	Previous ICR Reference No: 202204-1615-010
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: Emergency	Approval Requested By: 07/26/2022
Date Submitted to OIRA: 07/20/2022

	Requested	Previously Approved
Expiration Date	6 Months From Approved	08/31/2022
Responses	5,176,535	5,176,535
Time Burden (Hours)	11,881,376	11,881,376
Cost Burden (Dollars)	400,895,820	400,895,820

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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.

Emergency Justfication: USCIS is requesting emergency approval of the revision of two information collections under 5 CFR 1320.13: Form I-589, Application for Asylum and for Withholding of Removal (1615-0067) and Form I-765, Application for Employment Authorization (1615-0040). On June 26, 2020, after going through notice and comment rulemaking, the Department of Homeland Security (DHS) issued a final rule titled Asylum Application, Interview, and Employment Authorization for Applicants.1 On February 7, 2022, in Asylumworks et al. v. Mayorkas et al., the U.S. District Court for the District of Columbia vacated the Asylum Application, Interview, and Employment Authorization for Applicants rule. DHS did not appeal the decision and allowed the 60-day period in which to note an appeal expire. DHS is moving to fully comply with the court’s decision vacating the Asylum Application, Interview, and Employment Authorization for Applicants rule.2 Therefore, Form I-589 and Form I-765 need to be amended to remove any changes promulgated by the Asylum Application, Interview, and Employment Authorization for Applicants rule. DHS is seeking emergency processing to reverse the changes made by that rule in order to fully comply with the court’s vacatur of the Asylum Application, Interview, and Employment Authorization for Applicants rule.

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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? Yes

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Number of Information Collection (IC) in this ICR: 5

IC Title Form No. Form Name Application for Employment Authorization (paper filing) I-765 Application for Employment Authorization Document Biometrics Submission I-765 Online Filing I-765 Worksheet I-765WS Form I-765 Worksheet Passport-Style Photographs

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ICR Summary of Burden

	Total Request	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	5,176,535	5,176,535	0	0	0	0
Annual Time Burden (Hours)	11,881,376	11,881,376	0	0	0	0
Annual Cost Burden (Dollars)	400,895,820	400,895,820	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: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $1,039,235,475

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

Agency Contact: Kerstin Jager 214 489-8022 [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: 07/20/2022

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