ILW.COM - the immigration portal Immigration Daily

Home Page

Advanced search

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network


Chinese Immig. Daily


Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: October 22, 2002 (Volume 67, Number 204)]
[Page 64911-64912]
From the Federal Register Online via GPO Access []



Immigration and Naturalization Service

Agency Information Collection Activities; Proposed Collection; 
Comment Request

ACTION: Request Emergency Approval; Application for Asylum and for 
Withholding of Removal, From I-589.


    The Department of Justice (the Department), Immigration and 
Naturalization Service has submitted an information collection request 
(ICR) utilizing emergency review procedures to the Office of Management 
and Budget (OMB) for review and clearance in accordance with section 
1320.13(a)(1)(ii) and (a)(2)(iii) of the Paperwork Reduction Act of 
1995. The INS has determined that it cannot reasonably comply with the 
normal clearance procedures are reasonably likely to prevent or disrupt 
the collection of information. The INS is requesting emergency review 
from OMB of this information collection to ensure compliance with the 
Enhanced Border Security and Visa Entry Reform Act of 2002 (Border 
Security Act) (Pub. L. 107-173 (May 14, 2002)).
    The INS seeks permission to use the Form I-589 to serve as an 
alternate application for evidence of employment authorization for 
individuals granted asylum, eliminating their need to file a separate 
Form I-765, Application for Employment Authorization (OMB No. 1115-
0163) with the INS if, after being granted asylum, they wish to receive 
an Employment Authorization Document (EAD) containing both evidence of 
employment authorization and identity. The Form I-589 collects the same

[[Page 64912]]

biographic information as that collected by the Form I-765. In those 
cases where asylum is granted, the biographic information contained on 
the I-589 could also be used to generate the employment authorization 
document. While dual-use has advantages for both the government and the 
public with respect to streamlining information collections, passage of 
the Border Security Act has increased the necessity of developing such 
a process. Section 309 of the Border Security Act requires the Attorney 
General to begin issuing an employment authorization document (EAD) 
with a photo and fingerprint to asylees ``immediately'' upon the grant 
of asylum. Such procedures must be in place as November 10, 2002. Due 
to the passage of the Border Security Act the question of how to 
process asylee employment authorization documents became even more 
critical. The INS and the Department now seek emergency OMB approval 
for the dual use of the Form I-589 to enable the INS to comply with the 
Border Security Act implementation date of November 10, 2002, as 
discussed above.
    For the aforementioned reasons, the INS is requesting emergency OMB 
review and approval of this information collection request by October 
24, 2002. If granted, the emergency approval is only valid for 180 
days. ALL comments and/or questions pertaining to this pending request 
for emergency approval must be directed to OMB, Office of Information 
and Regulatory Affairs, Attention: Department of Justice Desk Officer, 
725-17th Street, NW., Suite 10102, Washington, DC 20503. Comments 
regarding the emergency submission of this information collection may 
also be submitted via facsimile to (202) 395-6974.
    During the first 60 days of this same period, a regular review of 
this information collection is also being undertaken. During the 
regular review period, the INS requests written comments an suggestions 
from the public and affected agencies concerning this information 
collection. Comments are encouraged and will be accepted until December 
23, 2002. During the 60-day regular review, ALL comments and 
suggestions or questions regarding additional information, to include 
obtaining a copy of the information collection instrument with 
instructions, should be directed to Mr. Richard A. Sloan, (202) 514-
3291, Director, Regulations and Forms Services Division, Immigration 
and Naturalization Service, U.S. Department of Justice, Room 4034, 425 
I Street, NW., Washington, DC 20536. Written comments and suggestions 
from the public and affected agencies concerning the proposed 
collection of information 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 agencies 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 Asylum and 
Withholding of Removal.
    (3) Agency form number, if any, and the applicable component of the 
Department of Justice sponsoring the collection: Form I-589. Office of 
International Affairs, Immigration and Naturalization Service.
    (4) Affected public who will be asked or required to respond, as 
will as a brief abstract: Primary: Individuals or Households. This 
information collection will be used to determine whether an alien 
applying for asylum and/or withholding of deportation in the United 
States is classifiable as a refugee, and is eligible to remain in the 
United States.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: 78,000 
responses at 12 hours per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: 936,000 annual burden hours.
    If you have additional comments, suggestions, or need a copy of the 
proposed information collection instrument with instructions, or 
additional information, please contact Richard A. Sloan (202) 514-3291, 
Director, Regulations and Forms Services Division, Immigration and 
Naturalization Service, U.S. Department of Justice, Room 4034, 425 I 
Street, NW., Washington, DC 20536. Additionally, comments and/or 
suggestions regarding the item(s) contained in this notice, especially 
regarding the estimated public burden and associated response time may 
also be directed to Mr. Richard A. Sloan.
    If additional information is required contact: Mr. Robert B. 
Briggs, Clearance Officer, United States Department of Justice, 
Information Management and Security Staff, Justice Management Division, 
601 D Street, NW., Patrick Henry Building, Suite 1600, Washington, DC 

    Dated: October 17, 2002.
Richard A. Sloan,
Department Clearance Officer, Department of Justice, Immigration and 
Naturalization Service.
[FR Doc. 02-26866 Filed 10-21-02; 8:45 am]