83 FR 6872 - Agency Information Collection Activities; Revision of a Currently Approved Collection: Application for Employment Authorization for Abused Nonimmigrant Spouse
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services Federal Register Volume 83, Issue 32 (February 15, 2018)
U.S. Citizenship and Immigration Services
Federal Register Volume 83, Issue 32 (February 15, 2018)
| Page Range | 6872-6873 | |
| FR Document | 2018-03107 |
[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)] [Notices] [Pages 6872-6873] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03107] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [OMB Control Number 1615-0137] Agency Information Collection Activities; Revision of a Currently Approved Collection: Application for Employment Authorization for Abused Nonimmigrant Spouse AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: 60-day notice. ----------------------------------------------------------------------- SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship and Immigration (USCIS) invites the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information or new 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 April 16, 2018. ADDRESSES: All submissions received must include the OMB Control Number 1615-0137 in the body of the letter, the agency name and Docket ID USCIS-2016-0004. To avoid duplicate submissions, please use only one of the following methods to submit comments: (1) Online. Submit comments via the Federal eRulemaking Portal website at http://www.regulations.gov under e-Docket ID number USCIS- 2016-0004; (2) Mail. Submit written comments to DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division, 20 Massachusetts Avenue NW, Washington, DC 20529-2140. FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Chief, 20 Massachusetts Avenue NW, Washington, DC 20529-2140, telephone number 202-272-8377 (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 http://www.uscis.gov, or call the USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-1833). SUPPLEMENTARY INFORMATION: Comments You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: http://www.regulations.gov and enter USCIS- 2016-0004 in the search box. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://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 http://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. 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 for Abused Nonimmigrant Spouse. (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: I-765V; USCIS. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. 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. Aliens 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 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. USCIS also collects biometric information from EAD applicants to verify the applicant's identity, check or update their background information, and produce the EAD card. USCIS is submitting this request in order for qualifying abused nonimmigrant spouses to seek safety and financial stability from their abuser. The Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse, permits battered spouses of nonimmigrants admitted under subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15) of the Act to apply for employment authorization based on section 106 of the INA. [[Page 6873]] To be eligible for employment authorization issued under INA section 106, credible evidence must be submitted demonstrating that the applicant: 1. Is married to a qualifying principal nonimmigrant spouse, or was married to a qualifying principal nonimmigrant spouse and a. The spouse died within two years of filing the EAD application, b. The spouse lost qualifying nonimmigrant status due to an incident of domestic violence, or c. The marriage to the principal spouse was terminated within the two years prior to filing for the INA section 106 employment authorization, and there is a connection between the termination of the marriage and the battery or extreme cruelty; 2. Was last admitted as a nonimmigrant under INA section 101(a)(15)(A), (E)(iii), (G), or (H); 3. Was battered or has been subjected to extreme cruelty, or whose child was battered or subjected to extreme cruelty, perpetrated by the principal nonimmigrant spouse during the marriage and after admission as a nonimmigrant under INA section 101(a)(15)(A), (E)(iii), (G), or (H); and 4. Currently resides in the United States. Form I-765V will provide the information needed to determine eligibility for employment authorization based on INA section 106. If the applicant remarries prior to adjudication of the application, he or she is ineligible for initial issuance or renewal of employment authorization under INA section 106. In addition, if an applicant for employment authorization is filing based on a claim that his or her child was battered or subjected to extreme cruelty, USCIS requires submission of evidence establishing the applicant's parental relationship with the abused child. Confidentiality provisions of Title 8, United States Code, section 1367 extend to applicants for employment authorization under INA section 106. (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-765V is 500 and the estimated hour burden per response is 3.75 hours; the estimated total number of respondents for the information collection Biometric Processing is 500 and the estimated hour burden per response is 1.17 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 2,460 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 $125,000. Dated: February 9, 2018. Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2018-03107 Filed 2-14-18; 8:45 am] BILLING CODE 9111-97-P
![6872 Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices
collection: The estimated total annual FOR FURTHER INFORMATION CONTACT: are to respond, including through the
cost burden associated with this USCIS, Office of Policy and Strategy, use of appropriate automated,
collection of information is $638,648. Regulatory Coordination Division, electronic, mechanical, or other
Dated: February 9, 2018. Samantha Deshommes, Chief, 20 technological collection techniques or
Samantha Deshommes, Massachusetts Avenue NW, other forms of information technology,
Washington, DC 20529–2140, telephone e.g., permitting electronic submission of
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship number 202–272–8377 (This is not a responses.
and Immigration Services, Department of toll-free number. Comments are not
Overview of This Information
Homeland Security. accepted via telephone message). Please
Collection
[FR Doc. 2018–03102 Filed 2–14–18; 8:45 am] note contact information provided here
is solely for questions regarding this (1) Type of Information Collection:
BILLING CODE 9111–97–P
notice. It is not for individual case Revision of a Currently Approved
status inquiries. Applicants seeking Collection.
information about the status of their (2) Title of the Form/Collection:
DEPARTMENT OF HOMELAND
individual cases can check Case Status Application for Employment
SECURITY
Online, available at the USCIS website Authorization for Abused
U.S. Citizenship and Immigration at http://www.uscis.gov, or call the Nonimmigrant Spouse.
Services USCIS National Customer Service (3) Agency form number, if any, and
Center at 800–375–5283 (TTY 800–767– the applicable component of the DHS
[OMB Control Number 1615–0137] sponsoring the collection: I–765V;
1833).
SUPPLEMENTARY INFORMATION:
USCIS.
Agency Information Collection (4) Affected public who will be asked
Activities; Revision of a Currently Comments or required to respond, as well as a brief
Approved Collection: Application for abstract: Primary: Individuals or
Employment Authorization for Abused You may access the information
collection instrument with instructions, households. U.S. Citizenship and
Nonimmigrant Spouse Immigration Services (USCIS) will use
or additional information by visiting the
AGENCY: U.S. Citizenship and Federal eRulemaking Portal site at: Form I–765V, Application for
Immigration Services, Department of http://www.regulations.gov and enter Employment Authorization for Abused
Homeland Security. USCIS–2016–0004 in the search box. Nonimmigrant Spouse, to collect the
ACTION: 60-day notice. Regardless of the method used for information that is necessary to
submitting comments or material, all determine if the applicant is eligible for
SUMMARY: The Department of Homeland submissions will be posted, without an initial EAD or renewal EAD as a
Security (DHS), U.S. Citizenship and change, to the Federal eRulemaking qualifying abused nonimmigrant
Immigration (USCIS) invites the general Portal at http://www.regulations.gov, spouse. Aliens are required to possess
public and other Federal agencies to and will include any personal an EAD as evidence of work
comment upon this proposed revision of information you provide. Therefore, authorization. To be authorized for
a currently approved collection of submitting this information makes it employment, an alien must be lawfully
information or new collection of public. You may wish to consider admitted for permanent residence or
information. In accordance with the limiting the amount of personal authorized to be so employed by the
Paperwork Reduction Act (PRA) of information that you provide in any INA or under regulations issued by
1995, the information collection notice voluntary submission you make to DHS. DHS. Pursuant to statutory or regulatory
is published in the Federal Register to DHS may withhold information authorization, certain classes of aliens
obtain comments regarding the nature of provided in comments from public are authorized to be employed in the
the information collection, the viewing that it determines may impact United States without restrictions as to
categories of respondents, the estimated location or type of employment as a
the privacy of an individual or is
burden (i.e. the time, effort, and condition of their admission or
offensive. For additional information,
resources used by the respondents to subsequent change to one of the
please read the Privacy Act notice that
respond), the estimated cost to the indicated classes. USCIS may determine
is available via the link in the footer of
respondent, and the actual information the validity period assigned to any
http://www.regulations.gov.
collection instruments. Written comments and suggestions document issued evidencing an alien’s
DATES: Comments are encouraged and from the public and affected agencies authorization to work in the United
will be accepted for 60 days until April should address one or more of the States.
16, 2018. following four points: USCIS also collects biometric
ADDRESSES: All submissions received (1) Evaluate whether the proposed information from EAD applicants to
must include the OMB Control Number collection of information is necessary verify the applicant’s identity, check or
1615–0137 in the body of the letter, the for the proper performance of the update their background information,
agency name and Docket ID USCIS– functions of the agency, including and produce the EAD card.
2016–0004. To avoid duplicate whether the information will have USCIS is submitting this request in
submissions, please use only one of the practical utility; order for qualifying abused
following methods to submit comments: (2) Evaluate the accuracy of the nonimmigrant spouses to seek safety
(1) Online. Submit comments via the agency’s estimate of the burden of the and financial stability from their abuser.
The Form I–765V, Application for
sradovich on DSK3GMQ082PROD with NOTICES
Federal eRulemaking Portal website at proposed collection of information,
http://www.regulations.gov under e- including the validity of the Employment Authorization for Abused
Docket ID number USCIS–2016–0004; methodology and assumptions used; Nonimmigrant Spouse, permits battered
(2) Mail. Submit written comments to (3) Enhance the quality, utility, and spouses of nonimmigrants admitted
DHS, USCIS, Office of Policy and clarity of the information to be under subparagraph (A), (E)(iii), (G), or
Strategy, Chief, Regulatory Coordination collected; and (H) of section 101(a)(15) of the Act to
Division, 20 Massachusetts Avenue NW, (4) Minimize the burden of the apply for employment authorization
Washington, DC 20529–2140. collection of information on those who based on section 106 of the INA.
VerDate Sep<11>2014 19:01 Feb 14, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\15FEN1.SGM 15FEN1](https://thefederalregister.org/doc/83_FR_6904/page/1.svg)
![Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices 6873
To be eligible for employment collection: The total estimated annual Strategy, Chief, Regulatory Coordination
authorization issued under INA section hour burden associated with this Division, 20 Massachusetts Avenue NW,
106, credible evidence must be collection is 2,460 hours. Washington, DC 20529–2140.
submitted demonstrating that the (7) An estimate of the total public
FOR FURTHER INFORMATION CONTACT:
applicant: burden (in cost) associated with the
USCIS, Office of Policy and Strategy,
1. Is married to a qualifying principal collection: The estimated total annual
Regulatory Coordination Division,
nonimmigrant spouse, or was married to cost burden associated with this
Samantha Deshommes, Chief, 20
a qualifying principal nonimmigrant collection of information is $125,000.
Massachusetts Avenue NW,
spouse and Dated: February 9, 2018. Washington, DC 20529–2140, telephone
a. The spouse died within two years Samantha Deshommes, number 202–272–8377 (This is not a
of filing the EAD application,
b. The spouse lost qualifying
Chief, Regulatory Coordination Division, toll-free number. Comments are not
Office of Policy and Strategy, U.S. Citizenship accepted via telephone message). Please
nonimmigrant status due to an incident and Immigration Services, Department of
of domestic violence, or note contact information provided here
Homeland Security. is solely for questions regarding this
c. The marriage to the principal [FR Doc. 2018–03107 Filed 2–14–18; 8:45 am]
spouse was terminated within the two notice. It is not for individual case
years prior to filing for the INA section
BILLING CODE 9111–97–P status inquiries. Applicants seeking
106 employment authorization, and information about the status of their
there is a connection between the individual cases can check Case Status
DEPARTMENT OF HOMELAND Online, available at the USCIS website
termination of the marriage and the SECURITY
battery or extreme cruelty; at http://www.uscis.gov, or call the
2. Was last admitted as a U.S. Citizenship and Immigration USCIS National Customer Service
nonimmigrant under INA section Services Center at 800–375–5283 (TTY 800–767–
101(a)(15)(A), (E)(iii), (G), or (H); 1833).
[OMB Control Number 1615–0012]
3. Was battered or has been subjected SUPPLEMENTARY INFORMATION:
to extreme cruelty, or whose child was Agency Information Collection
battered or subjected to extreme cruelty, Comments
Activities; Extension, Without Change,
perpetrated by the principal of a Currently Approved Collection: You may access the information
nonimmigrant spouse during the Petition for Alien Relative collection instrument with instructions,
marriage and after admission as a or additional information by visiting the
nonimmigrant under INA section AGENCY: U.S. Citizenship and Federal eRulemaking Portal site at:
101(a)(15)(A), (E)(iii), (G), or (H); and Immigration Services, Department of http://www.regulations.gov and enter
4. Currently resides in the United Homeland Security. USCIS–2007–0037 in the search box.
States. ACTION: 60-day notice. Regardless of the method used for
Form I–765V will provide the submitting comments or material, all
information needed to determine SUMMARY: The Department of Homeland
Security (DHS), U.S. Citizenship and submissions will be posted, without
eligibility for employment authorization change, to the Federal eRulemaking
based on INA section 106. If the Immigration (USCIS) invites the general
public and other Federal agencies to Portal at http://www.regulations.gov,
applicant remarries prior to and will include any personal
adjudication of the application, he or comment upon this proposed extension
of a currently approved collection of information you provide. Therefore,
she is ineligible for initial issuance or submitting this information makes it
renewal of employment authorization information. In accordance with the
Paperwork Reduction Act (PRA) of public. You may wish to consider
under INA section 106. limiting the amount of personal
In addition, if an applicant for 1995, the information collection notice
is published in the Federal Register to information that you provide in any
employment authorization is filing voluntary submission you make to DHS.
based on a claim that his or her child obtain comments regarding the nature of
the information collection, the DHS may withhold information
was battered or subjected to extreme provided in comments from public
cruelty, USCIS requires submission of categories of respondents, the estimated
burden (i.e. the time, effort, and viewing that it determines may impact
evidence establishing the applicant’s the privacy of an individual or is
parental relationship with the abused resources used by the respondents to
respond), the estimated cost to the offensive. For additional information,
child. please read the Privacy Act notice that
Confidentiality provisions of Title 8, respondent, and the actual information
collection instruments. is available via the link in the footer of
United States Code, section 1367 extend http://www.regulations.gov.
to applicants for employment DATES: Comments are encouraged and
authorization under INA section 106. will be accepted for 60 days until April Written comments and suggestions
(5) An estimate of the total number of 16, 2018. from the public and affected agencies
respondents and the amount of time should address one or more of the
ADDRESSES: All submissions received
estimated for an average respondent to following four points:
must include the OMB Control Number
respond: The estimated total number of 1615–0012 in the body of the letter, the (1) Evaluate whether the proposed
respondents for the information agency name and Docket ID USCIS– collection of information is necessary
collection I–765V is 500 and the 2007–0037. To avoid duplicate for the proper performance of the
functions of the agency, including
sradovich on DSK3GMQ082PROD with NOTICES
estimated hour burden per response is submissions, please use only one of the
3.75 hours; the estimated total number following methods to submit comments: whether the information will have
of respondents for the information (1) Online. Submit comments via the practical utility;
collection Biometric Processing is 500 Federal eRulemaking Portal website at (2) Evaluate the accuracy of the
and the estimated hour burden per http://www.regulations.gov under e- agency’s estimate of the burden of the
response is 1.17 hours. Docket ID number USCIS–2007–0037; proposed collection of information,
(6) An estimate of the total public (2) Mail. Submit written comments to including the validity of the
burden (in hours) associated with the DHS, USCIS, Office of Policy and methodology and assumptions used;
VerDate Sep<11>2014 19:01 Feb 14, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\15FEN1.SGM 15FEN1](https://thefederalregister.org/doc/83_FR_6904/page/2.svg)
Document Created: 2018-02-15 00:20:54
Document Modified: 2018-02-15 00:20:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | 60-day notice. | |
| Dates | Comments are encouraged and will be accepted for 60 days until April 16, 2018. | |
| Contact | USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Chief, 20 Massachusetts Avenue NW, Washington, DC 20529-2140, telephone number 202-272-8377 (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 http://www.uscis.gov, or call the USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-1833). | |
| FR Citation | 83 FR 6872 |
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