Federal Register - August 20, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules
TABLE 5USCIS FORM I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION INITIAL RECEIPTS AND APPROVALS
RELATED TO ASYLEE CATEGORIESContinued FY 20162020
EAD category a5
Granted Asylum Under Section 208
EAD category c8
Applicant for Asylum/Pending Asylum
FY
Initial receipts
Approvals
Initial receipts
Approvals
EAD category a10
Granted Withholding of Removal/243 H
Initial receipts
Approvals
2020
31,931
36,334
233,864
183,820
3,318
2,554
5-year total
180,995
174,007
1,144,619
994,187
11,397
8,908
Average
36,199
34,801
228,924
198,837
2,279
1,782
Source: USCIS, Office of Performance and Quality OPQ, CLAIMS 3, data obtained May 11, 2021, https www.uscis.gov/sites/default/files/
document/reports/I-765_Application_for_Employment_FY03-20.pdf last visited August 9, 2021.
Across the three relevant employment authorization categories, the total of the averages is 267,402 initial EADs, with a total of 235,420 approved EADs.
Having presented information and data applicable to USCIS specifically, we now turn to EOIR data and information. Table 6 presents average and median processing times for EOIR
to complete credible fear cases originating from the credible fear
screening process, positive and negative, and detained and nondetained the processing time represents that time between when a case is lodged in EOIR systems and a final decision.
Note that the initial case completions are not directly comparable to USCIS
completions Table 3 in terms of annual volumes for two primary reasons. First, there can be timing differences in terms of when a credible fear case is sent to
EOIR and when it is lodged in their processing systems. Second, not all individuals determined to have a credible fear follow up with their case with EOIR, and some cases filed are administratively closed. Therefore, as a general rule, case completions by EOIR
would be necessarily lower than completions at USCIS.
TABLE 6EOIR TIME DURATION METRICS, DAYS, AND COMPLETIONS FOR CASES WITH A CREDIBLE FEAR ORIGIN
Average processing time
FY
Median processing time
Initial case completions
6A. Average and Median Processing Times in Days for Form I862 Initial Case Completions With a Credible Fear Origin 2016
2017
2018
2019
2020
2021March 31, 2021 years
413
447
648
669
712
1,078 2.95
214
252
512
455
502
857 2.35
16,794
26,531
33,634
55,404
33,517
6,646
6B. Average and Median Processing Times in Days for Form I862 Initial Case Completions With a Credible Fear Origin and Only an Application for Asylum, Statutory Withholding of Removal, and Withholding and Deferral of Removal Under the CAT
2016
2017
2018
2019
2020
2021March 31, 2021 years
514
551
787
822
828
1,283 3.52
300
378
690
792
678
1,316 3.61
7,519
13,463
19,293
30,052
21,058
3,730
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Source: EOIR, Planning, Analysis, and Statistics Division PASD, data obtained April 19, 2021.
Current through March 31, 2021.
The FY 2021 data point reflects data through the start of FY 2021 to March 31, 2021, and we have included the current processing times in years for situational awareness. As Table 6
shows, there was an across-the-board jump in processing times in 2018, followed by a leveling off until 2021, when the processing times surged again.
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3. Population The population expected to be affected by this rule is the total number of credible fear completions processed annually by USCIS 71,363, see Table 3, split between an average of 59,280
positive-screen cases and 12,083
negative-screen cases. This can be considered the maximum, encompassing, population that could be impacted. However, we take into consideration larger populations to
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account for variations and uncertainty in the future population.
4. Impacts of the Rule This section is divided into three modules. The first A focuses on impacts to asylum seekers, presented on a per-person basis. The second B
discusses costs to the Federal Government, and the third C discusses other, possible impacts, including benefits.
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