[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84373-84374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24367]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[OMB Control Number 1615-0040]


Agency Information Collection Activities; Revision of a Currently 
Approved Collection: Application for Employment Authorization

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: 60-Day notice.

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SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship 
and Immigration Services (USCIS) invites the general public and other 
Federal agencies to comment upon this proposed revision of a currently 
approved collection of information. In accordance with the Paperwork 
Reduction Act (PRA) of 1995, the information collection notice is 
published in the Federal Register to obtain comments regarding the 
nature of the information collection, the categories of respondents, 
the estimated burden (i.e. the time, effort, and resources used by the 
respondents to respond), the estimated cost to the respondent, and the 
actual information collection instruments.

DATES: Comments are encouraged and will be accepted for 60 days until 
December 23, 2024.

ADDRESSES: All submissions received must include the OMB Control Number 
1615-0040 in the body of the letter, the agency name and Docket ID 
USCIS-2005-0035. Submit comments via the Federal eRulemaking Portal 
website at https://www.regulations.gov under e-Docket ID number USCIS-
2005-0035.

FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy, 
Regulatory Coordination Division, Samantha Deshommes, Chief, telephone 
number (240) 721-3000 (This is not a toll-free number. Comments are not 
accepted via telephone message). Please note contact information 
provided here is solely for questions regarding this notice. It is not 
for individual case status inquiries. Applicants seeking information 
about the status of their individual cases can check Case Status 
Online, available at the USCIS website at https://www.uscis.gov, or 
call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).

SUPPLEMENTARY INFORMATION:

Comments:

    You may access the information collection instrument with 
instructions

[[Page 84374]]

or additional information by visiting the Federal eRulemaking Portal 
site at: https://www.regulations.gov and entering USCIS-2005-0035 in 
the search box. All comments must be submitted in English or be 
accompanied by a translation. All submissions will be posted, without 
change, to the Federal eRulemaking Portal at https://www.regulations.gov, and will include any personal information you 
provide. Therefore, submitting this information makes it public. You 
may wish to consider limiting the amount of personal information that 
you provide in any voluntary submission you make to DHS. DHS may 
withhold information provided in comments from public viewing that it 
determines may impact the privacy of an individual or is offensive. For 
additional information, please read the Privacy Act notice that is 
available via the link in the footer of https://www.regulations.gov.
    Written comments and suggestions from the public and affected 
agencies should address one or more of the following four points:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    In addition to the specific changes proposed to the USCIS Form I-
765 and accompanying instructions in this 60-day notice, USCIS is 
exploring additional technology and internal process improvements to 
further reduce the burden to those applying for initial employment 
authorization, seeking evidence of existing employment authorization, 
or employment authorization incident to status or an Employment 
Authorization Document (EAD). USCIS specifically requests comments on 
the submission of passport-style photos during the application process 
and expanding the options available to filers for submission of photos 
through the use of emerging technologies, such as a smartphone 
application that would allow for the capture and submission of 
passport-style photos necessary to produce an EAD. Finally, please 
provide detailed reasons why USCIS should or should not consider use of 
the mobile app or alternate technology for photo capture.
    USCIS specifically requests comments on providing alternative means 
to apply for employment authorization or evidence of existing 
employment authorization that could substitute for submitting a 
separate Form I-765, Application for Employment Authorization. Comments 
may also address a proposal to provide applicants the option to consent 
to USCIS sharing certain information from their benefit requests with 
the Social Security Administration (SSA) for the purposes of having the 
SSA assign the applicant a Social Security Number and issue the 
applicant a new or replacement Social Security Card upon approval of 
the underlying benefit request. USCIS anticipates that it would still 
collect the required filing fee associated with any alternative request 
for employment authorization or evidence of existing employment 
authorization that does not use the Form I-765, Application for 
Employment Authorization, pursuant to 8 CFR 106.1(a) (The fees 
established in [Part 106] are associated with the benefit, the 
adjudication, or the type of request and not solely determined by the 
form number listed in [8 CFR] 106.2). If there is not an interest, 
provide detailed reasons why there is not.

Overview of This Information Collection

    (1) Type of Information Collection: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Application for Employment 
Authorization.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: I-765; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. Form I-
765 collects information needed to determine if an alien is eligible 
for an initial EAD, a replacement EAD, or a subsequent EAD upon the 
expiration of a previous EAD under the same eligibility category. 
Aliens in many immigration statuses are required to possess an EAD as 
evidence of work authorization. To be authorized for employment, an 
alien must be lawfully admitted for permanent residence or authorized 
to be so employed by the Immigration and Nationality Act (INA) or under 
regulations issued by DHS. Pursuant to statutory or regulatory 
authorization, certain classes of aliens are authorized to be employed 
in the United States without restrictions as to location or type of 
employment as a condition of their admission or subsequent change to 
one of the indicated classes. USCIS may determine the validity period 
assigned to any document issued evidencing an alien's authorization to 
work in the United States. These classes of aliens authorized to accept 
employment are listed in 8 CFR 274a.12. USCIS also collects biometric 
information from certain EAD applicants to verify the applicant's 
identity, check or update their background information, and produce the 
EAD card. An applicant for employment authorization can apply for a 
Social Security Number (SSN) and Social Security card using Form I-765.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection I-765 
(paper) is 3,816,321 and the estimated hour burden per response is 4.26 
hours; the estimated total number of respondents for the information 
collection I-765 (electronic) is 2,339,036 and the estimated hour 
burden per response is 3.88 hours; the estimated total number of 
respondents for the information collection Form I-765WS is 355,790 and 
the estimated hour burden per response is .50 hours; the estimated 
total number of respondents for the information collection Biometric 
Processing is 2,242 and the estimated hour burden per response is 1.17 
hours; the estimated total number of respondents for the information 
collection Passport-Style Photographs is 6,153,115 and the estimated 
hour burden per response is .50 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 28,590,063 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $1,079,442,537.

    Dated: October 16, 2024.
Jerry L. Rigdon,
Deputy Chief, Regulatory Coordination Division, Office of Policy and 
Strategy, U.S. Citizenship and Immigration Services, Department of 
Homeland Security.
[FR Doc. 2024-24367 Filed 10-21-24; 8:45 am]
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