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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules provides credible fear processing durations at USCIS.

TABLE 4CREDIBLE FEAR TIME DURATIONS FOR DETAINED AND NON-DETAINED CASES
In average and median days, FY 20162021
Detained FY

Non-detained
Screen Average
2016
2017
2018
2019
2020
2021

Positive
Negative
Positive
Negative
Positive
Negative
Positive
Negative
Positive
Negative
Positive
Negative

Median
23.3
34
23.3
34.2
22.6
32.3
35.6
44.7
37.2
30.3
25.6
29.8

Average 13
26
13
25
16
25
24
33
20
16
15
17

Median
290.6
197.1
570.1
496.1
816.2
811.7
1230.9
1067.3
1252.7
1311.2
955.3
1174.0

163.0
80.5
407.0
354.0
671.0
668.0
1082.0
959.0
1065.0
1247.0
919.0
1109.0

Source: Data and analysis provided by USCIS, RAIO Directorate, SAS PME and data-bricks databases, received May 11, 2021.
FY 2021 includes partial fiscal year data as of May 2021.

Table 4 reports the durations, defined as the elapsed days from date of apprehension to forwarding of the credible fear screening process at USCIS, in both averages and medians.
USCIS has included the most recent figure, which is applicable to May 11, 2021. The total time for cases from apprehension to adjudication by EOIR
can be found by summing the times in Table 4 with the times in Table 6, below.
The data in Table 4 are not utilized to develop quantitative impacts, but rather are intended to build context and situational awareness. There are several key observations from the information presented. Foremost, there is a substantial difference between durations for the detained and the non-detained populations. The existence of a gap is expected because USCIS can interface with detained individuals rapidly.
However, the gap has grown over time;

in 2016 the duration for positivescreened processing was 12.5 times greater, but by 2021 it had grown to a factor of nearly 40.67 Second, and relatedly, there was a substantial duration rise through 2019 for both detained and non-detained screenings, although there has been a recent pullback. Furthermore, the duration for negative screenings is lower across the board than for positive screeningsas of the most recent data point the duration was about 19 percent lower for negative screened cases.68 It is also seen that the 2021 average durations for detained cases are relatively close to 20162018
levels, with this series witnessing a spike in 2019.
Since some of the EOIR data are presented in medians, we note that the median durations are lower than the means for both screened types. This indicates that a small number of cases take an exceptionally long time to
resolve, resulting in large outlier data points that skew the mean upwards. It is noted that for non-detained cases, the gap between median and mean duration is relatively consistent up to 2021, but the mean and median converge toward the end of the period; this feature of the data could indicate that fewer outlier durations were represented in the data.
It is possible that the proposed rule may impact employment authorization applications and approvals in terms of volume and timing. While we cannot predict the net change in filings for the Form I765 categories, we present data on initial filings and approvals for three asylum-related categories Table 5. As a result of the rule, there could be substitutions in Form I765 categories from the c8, Applicant for Asylum/
Pending Asylum, into the a5, Granted Asylum Under Section 208, and a10
Granted Withholding of Removal/243
H categories, in Table 5.

TABLE 5USCIS FORM I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION INITIAL RECEIPTS AND APPROVALS
RELATED TO ASYLEE CATEGORIES
FY 20162020
EAD category a5
Granted Asylum Under Section 208

EAD category c8
Applicant for Asylum/Pending Asylum
FY

khammond on DSKJM1Z7X2PROD with PROPOSALS2

Initial receipts 2016
2017
2018
2019

67 Calculations: For 2016, 290.6 average days/23.3
average days = 12.5; for 2021, 1174.0 average days/
25.6 average days = 39.4.

VerDate Sep<11>2014

17:46 Aug 19, 2021

Jkt 253001

29,887
32,673
38,743
47,761

Approvals 27,139
29,648
39,598
41,288

Initial receipts 169,970
261,782
262,965
216,038

Approvals 152,269
234,053
246,525
177,520

68 Calculation: 1955.3 days/1174.0 days =
.186, rounded to .19.

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20AUP2

EAD category a10
Granted Withholding of Removal/243 H
Initial receipts 2,008
1,936
1,733
2,402

Approvals 1,621
1,076
1,556
2,101