Application for Employment Authorization for Abused Nonimmigrant Spouse

Forms and Documents

Document Name	Status
I765V-008-INS-TOC-EXT-OMBReview-03072022.docx Supplementary Document	2022-03-17
I-765V-008_86_FR-2893_2022-00940.pdf Supplementary Document	2022-03-17
SORN 018 DHS_USCIS IBBC 20180731.pdf Supplementary Document	2022-03-17
SORN 001 AFileIndexNFTS 2017 09 18.pdf Supplementary Document	2022-03-17
I-765V-008-EXT-SupportingStatement.docx Supporting Statement A	2022-03-17
I-765V-008-60dayFRN-86-FR-60060_20211101.pdf Supplementary Document	2022-01-03
privacy-pia-016a-uscis-claims3-march25,2016.pdf Supplementary Document	2018-05-16
DHS-USCIS-007_SORN_101019.pdf Supplementary Document	2022-03-17
PLAW-109publ162 Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005).pdf Supplementary Document	2016-10-19
INA-ACT 106 EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN NONIMMIGRANTS.pdf Supplementary Document	2016-10-19
103.16 Collection, use and storage of biometric information..pdf Supplementary Document	2016-10-19
8 U.S.C. 1324a.pdf Supplementary Document	2016-10-19
8 CFR Part 274a.pdf Supplementary Document	2016-10-19
8 CFR 103.2.pdf Supplementary Document	2016-10-19

IC Document Collections

IC ID	Document Title	Status
223942	Biometrics	Modified
223940	Application for Employment Authorization for Abused Nonimmigrant Spouse Instruction	Modified

ICR Details

OMB Control No: 1615-0137	ICR Reference No: 202201-1615-002
Status: Received in OIRA	Previous ICR Reference No: 201805-1615-007
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-765V
Title: Application for Employment Authorization for Abused Nonimmigrant Spouse
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/26/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2022
Responses	700	1,000
Time Burden (Hours)	1,723	2,460
Cost Burden (Dollars)	87,500	125,000

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Abstract: Section 814(c) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) amended the Immigration and Nationality Act (INA) to provide eligibility for employment authorization to certain abused spouses of nonimmigrants admitted under INA section 101(a)(15)(A), (E)(iii), (G), or (H). This provision is codified in INA section 106. U.S. Citizenship and Immigration Services (USCIS) will use Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse, to collect the information that is necessary to determine if the applicant is eligible for an initial EAD or renewal EAD as a qualifying abused nonimmigrant spouse.

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Authorizing Statute(s): US Code: 8 USC 1324a(a)(1)(B) Name of Law: Unlawful Employment of Aliens
   US Code: 8 USC 1103 Name of Law: Powers and duties of the Secretary, the Under Secretary, and the Attorney General
  

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
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 60060	10/29/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 2893	01/19/2022
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Application for Employment Authorization for Abused Nonimmigrant Spouse	I-765V	Application for Employment Authorization for Abused Nonimmigrant Spouse
Biometrics

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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	700	1,000	0	0	-300	0
Annual Time Burden (Hours)	1,723	2,460	0	0	-737	0
Annual Cost Burden (Dollars)	87,500	125,000	0	0	-37,500	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: USCIS is reporting a decrease in the estimated annual hour burden to respondents for this collection of information. The decrease is a result of a downward adjustment in the estimated number of respondents for this information collection. USCIS is reporting a decrease in the estimated annual cost burden to respondents for this collection of information. The decrease is the result of a downward adjustment in the estimated number of respondents for this information collection.

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Annual Cost to Federal Government: $173,250

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

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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: 03/26/2022

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