This form change
is approved to take effect on August 25, 2020. USCIS will display
both the current version and the new Asylum EAD Rule version of the
form for a period of time up to the effective date of the new form,
which is concurrent with the effective date of the associated
rulemaking (August 25, 2020). USCIS will clearly identify filing
dates for each form version and provide instructions on when and
how to correctly file both versions. Upon the effective date of the
new version of the form, USCIS will remove the old version of the
form from its website. Approved for two years only due to partial
GPEA compliance.
Inventory as of this Action
Requested
Previously Approved
07/31/2022
36 Months From Approved
06/30/2022
5,346,541
0
5,176,535
12,530,645
0
11,934,966
732,339,524
0
400,895,820
USCIS will use the information
collected to determine eligibility for work authorization and for
the issuance of an employment authorization document.
US Code:
8 USC
1153 Name of Law: Immigration Nationality Act
USCIS is making a number of
changes to the I-765 information collection as a result of this
rule. A series of questions was added to Form I-765 that will allow
USCIS to evaluate if applicants filing under the (c)(8) eligibility
category meet the rule’s requirement of, for example, having
lawfully entered the United States through a port of entry.
Applicants who did not enter lawfully are provided an opportunity
to explain the circumstances of their unlawful entry. Additionally,
under the rule, all applicants under the (c)(8) eligibility
category will be required to pay the $85 biometric services fee and
attend a biometric services appointment. This expands the number of
employment authorization eligibility categories required to submit
biometrics after filing Form I-765, and increases the respondent
population for the biometric processing information collection.
New, expanded instructions relating to the requirements of the rule
and the new questions on the form were added to the I-765
Instructions. These instructions provide information regarding the
biometric services appointment requirement; the consequences on
employment authorization eligibility of having filed for asylum
after the one-year filing deadline; the lawful entry requirement;
the potential consequences on employment authorization under the
(c)(8) category of having been convicted of certain types of
crimes; the evidence required in association with any arrests or
convictions; the types of delays that USCIS will consider
“applicant-caused”; and the impacts applicant-caused delays may
have on employment authorization. The Instructions also clarify
that the (c)(11) eligibility category is not available to
applicants who were paroled into the United States on the basis of
having established a credible fear of persecution or torture.
$963,015,425
No
Yes
Yes
No
No
No
No
Melanie Frank 202 527-4488
melanie.r.frank2@uscis.dhs.gov
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:
(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;
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.
Form I-765WS I-765 Worksheet
I-765-029-1615-AC27-FR-REV-SPTSTMT.docx
SORN 018 DHS_USCIS IBBC 20180731.pdf
Reference citations_FRM I765.doc
Passport-Style Photographs