Application for Employment Authorization

OMB Control No: 1615-0040	ICR Reference No: 202512-1615-001
Status: Historical Inactive	Previous ICR Reference No: 202506-1615-001
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: 04/22/2026
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/20/2026
Terms of Clearance: In accordance with 5 CFR 1320, OMB is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2027	36 Months From Approved	08/31/2027
Responses	5,176,535	0	5,176,535
Time Burden (Hours)	11,406,525	0	11,406,525
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-AC99	Proposed rulemaking	90 FR 49062	11/03/2025

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

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 PDFi Filing I-765 Worksheet I-765WS Form I-765 Worksheet Passport-Style Photographs

---

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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This information collection has been revised to reflect program changes stemming from the proposed rulemaking. These changes include adding the respondents that need to submit biometrics, removing the passport-style photo submission requirement and updating instructional information relevant to biometric submission requirements. USCIS is reporting an increase in the estimated annual hour burden to respondents for this collection of information as a result of this action. USCIS has provided a synopsis of the edits associated with the processes to the information collection within the paper filing instrument Table of Changes (TOC); the online filing instrument Copy Deck TOC and the PDFi filing instrument Copy Deck TOC for Form I-765. USCIS is reporting a decrease/no change in the estimated annual cost burden to respondents for this collection of information as a result of this action due to the applicants no longer needing to provide a passport-style photo.

---

Annual Cost to Federal Government: $1,158,527,850

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: Manuel Avendano 202 272-9747 [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: 02/20/2026

---