Emergency Memo - Justification

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Information Technology
Washington, DC 20529

Memorandum
TO:

Richard Revesz
Administrator,
Office of Information and Regulatory Affairs,
Office of Management and Budget

THROUGH: Eric Hysen
DHS Chief Information Officer

ERIC N
HYSEN

Digitally signed by ERIC
N HYSEN
Date: 2023.05.08
18:02:57 -04'00'

FROM:

Samantha Deshommes
SAMANTHA L
USCIS Office of Policy and Strategy, DESHOMMES
Chief Regulatory Officer

SUBJECT:

Request for Emergency OMB Paperwork Reduction Act (PRA) Clearance – Form
I-131, Application for Travel Document

Digitally signed by
SAMANTHA L DESHOMMES
Date: 2023.05.08 11:48:20
-04'00'

Purpose: USCIS is requesting emergency approval of USCIS Form I-131, Application for
Travel Document, which is a revision of a currently approved information collection. USCIS is
seeking approval for this collection of information under 5 CFR 1320.13.
Background: Section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C.
1182(d)(5)) provides the Secretary of Homeland Security with the discretionary authority to
parole noncitizens into the United States temporarily, under such reasonable conditions that the
Secretary may prescribe, on a case-by-case basis for “urgent humanitarian reasons or significant
public benefit.” See INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A); see also 6 U.S.C. 202(4)
(charging the Secretary with the responsibility for “[e]stablishing and administering
rule…governing…parole”). To support this effort, DHS has created the Operation Allies
Welcome (OAW) program with a streamlined process that allows certain individuals from
Afghanistan and their immediate family members to come to the United States temporarily as
parolees for urgent humanitarian reasons or significant public benefit. The process currently
applies to OAW parolees applying for an initial period of parole and filing an I-765, Application
for Employment Authorization to receive a Form I-766, Employment Authorization Document
(EAD). With this emergency revision, the Form I-131 is being revised to offer OAWs from

Afghanistan seeking a new period of parole, the automatic creation of an EAD by only
summiting a Form I-131. They will not be required to file a Form I-765 for an EAD. USCIS will
also exempt them from paying the EAD filing fee. DHS will use Form I-131 to determine if the
applicant is approved for a new period of parole and approved for an EAD.
Discussion: To support the expanded efforts and make the collection more flexible, DHS has
revised this information collection to streamline processing for reparole and EAD creation for
both OAW parolees and USCIS operations.
DHS requests emergency approval because the delay associated with the normal information
collection request clearance process would harm the public interest. The approved parole period
and employment authorization will expire for approximately 35,000 OAW parolees in late July
2023. USCIS expects that the vast majority of these parolees will not want or be prepared to
leave the United States at that time. Afghanistan continues to experience significant political,
economic, humanitarian, security challenges and political instability. Its citizens are subject to
endemic, indiscriminate violence imposed by the criminal organizations. Therefore, DHS and
USCIS require a streamlined process for the grant of a new parole period to be in place so the
subject parolees can avoid becoming out of parole and employment authorized status.
Delaying the information collection approval would be contrary to the public interest because it
could result in the expiration of approved parole and loss of employment for tens of thousands of
Afghan parolees.
USCIS seeks emergency processing of both the Form I-131 information collection packages in
accordance with 5 CFR 1320.13. USCIS certifies that the requirements of 5 CFR 1320.13(a) are
met and that:
•
•
•

The collection of information is needed immediately and is essential to the mission of the
agency.
The use of normal clearance procedures is reasonably likely to prevent or disrupt the
collection of information.
Public harm is reasonably likely to result if normal clearance procedures are followed.

USCIS greatly appreciates the timely consideration of this request.
Recommendation: Please sign decision memo requesting emergency approval of this collection
of information under 5 CFR 1320.13.

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