Application for Employment Authorization

OMB Control No: 1615-0040	ICR Reference No: 202408-1615-005
Status: Historical Active	Previous ICR Reference No: 202406-1615-003
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 without change	Conclusion Date: 08/23/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/21/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2027	36 Months From Approved	03/31/2027
Responses	5,176,535	0	5,176,535
Time Burden (Hours)	11,487,498	0	11,372,186
Cost Burden (Dollars)	400,895,820	0	400,895,820

---

Abstract: USCIS will use the information collected to determine eligibility for work authorization and for the issuance of an employment authorization document.

---

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

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1615-AA59	Final or interim final rulemaking	89 FR 34864	04/30/2024

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 34864	04/30/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 85159	07/12/2024
Did the Agency receive public comments on this ICR? Yes

---

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

---

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	5,176,535	5,176,535	0	0	0	0
Annual Time Burden (Hours)	11,487,498	11,372,186	0	115,312	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: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an increase in the estimated annual hour burden due to an increase the time burden as a result of the changes being made in the final rule that increase the information collection requirements. The respondent population remains the same as this population was previously accounted for under eligibility category Deferred Action Granted--(c)(14) and as established with this rule will now file as Bona Fide Determination Process for T Nonimmigrant Status Principal Applicants and Eligible Family Members--(c)(40). There is no change to the annual estimated cost burden to respondents for this information collection as a result of the rulemaking

---

Annual Cost to Federal Government: $1,165,937,350

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: Melanie Frank 202 527-4488 [email protected]

---

Common Form ICR:  No

---

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: 08/21/2024

---