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)

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.

[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]


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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.

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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]
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