I-765: Application for Employment Authorization

Form I-765 is used to apply for Employment Authorization (work permit) in the United States. This form allows individuals to request permission to work in the U.S. while they await a decision on their immigration status (e.g., pending adjustment of status, asylum application, or DACA).

Who Can File - Eligibility

1-Pending Adjustment of Status (I-485):
Individuals who have applied for a green card (adjustment of status) and are waiting for their case to be processed can apply for an EAD to work legally while their application is pending.
2-Asylum Applicants:
Individuals who have applied for asylum and are waiting for a decision can apply for an EAD after a certain waiting period (typically 150 days).
3-Refugees or Asylees:
Refugees or individuals granted asylum may apply for an EAD to work in the U.S.
4-F-1 Students:
F-1 students can apply for an EAD for specific work programs like Optional Practical Training (OPT) or Curricular Practical Training (CPT).
5-Temporary Protected Status (TPS) Recipients:
Individuals with TPS can apply for an EAD while their status is valid.
6-U Visa Holders:
Individuals who have been granted a U visa (victims of crime) may apply for an EAD.
7-Other Temporary Status Holders:
Other individuals with temporary statuses such as certain J-2 dependents, H-4 dependents, and more, may be eligible for an EAD based on specific USCIS regulations.

Requirements

1-Pending Immigration Status:
You have an application pending with USCIS that allows you to apply for an EAD (e.g., adjustment of status, asylum, etc.).
2-Status Granting Employment Authorization:
Your specific visa status, such as F-1, H-4, or L-2, permits you to work, and you need an EAD to do so.
3-Special Circumstances:
You have been granted Temporary Protected Status (TPS), have a U visa, or are a dependent of a primary applicant who has employment authorization.

Required Documentation

1-Completed Form I-765:
-Ensure the form is filled out correctly and signed.
2-Proof of Eligibility:
-This will depend on your specific situation. Common documents include:
- I-94 Arrival/Departure Record (for certain applicants, e.g., asylum applicants, F-1 students).
- Receipt Notice for any pending petitions, such as Form I-485 (adjustment of status).
- Asylum approval notice or TPS documentation.
3-Photographs:
Two passport-style photos that meet USCIS specifications.
4-Copy of Government-Issued ID:
A copy of your passport, birth certificate, or any other government-issued ID that proves your identity.
5-Copy of Previous EAD (if applicable):
If you have had an EAD before, provide a copy of the most recent EAD or any other document showing previous work authorization.
6-Other Documents:
Any additional documents depending on your specific eligibility category. For example, if you're applying based on F-1 OPT, you would submit your I-20 form issued by your school.
7-Fee Payment:
-The fee for Form I-765 is $410 for most applicants.
-No fee is required if you are applying based on asylum status or if you are filing for TPS for the first time.
Filing Fee for Form I-765:
The standard filing fee for Form I-765 is $410. However, some applicants may be exempt from this fee, including:

Individuals applying for an EAD based on asylum or refugee status.
Applicants for Temporary Protected Status (TPS) may also be eligible for a fee waiver.
If you believe you cannot afford the fee, you may request a fee waiver by filing Form I-912 (Request for Fee Waiver), if you meet the criteria for financial hardship.

Filing Fee

1-The standard filing fee for Form I-765 is $410. However, some applicants may be exempt from this fee, including:
-Individuals applying for an EAD based on asylum or refugee status.
-Applicants for Temporary Protected Status (TPS) may also be eligible for a fee waiver.
2-If you believe you cannot afford the fee, you may request a fee waiver by filing Form I-912 (Request for Fee Waiver), if you meet the criteria for financial hardship.

Delivery Type (Online, Physical)

1-File Online:

1-Create a USCIS Online Account:
Go to the USCIS website and create an account if you haven’t already.
2-Complete Form I-765 Online:
Fill out the form online, answering all the necessary questions and uploading the required supporting documents.
3-Pay the Filing Fee:
Pay the fee using a credit card, debit card, or bank account.
4-Submit the Form:
Review your information and submit your application online. You will receive a confirmation receipt from USCIS.

2-File by Mail:

1-Complete Form I-765:
Fill out the form manually, ensuring that all sections are complete and accurate.
2-Prepare Required Documents:
Gather documents that support your eligibility, such as your I-94, photos, or any other required evidence depending on your case.
3-Prepare the Filing Fee:
Include a check or money order for the fee (currently $410) made payable to the U.S. Department of Homeland Security.
4-Mail the Form:Mail your completed application, required documents, and fee to the appropriate USCIS address. You can find the mailing address on the USCIS website.

Filing Process

1-Complete Form I-765:
Ensure that all sections of the form are correctly filled out and that all required documents are submitted.
2-Submit the Application:
Submit the application either online or by mail, depending on your preference.
3-Receipt Notice:
After USCIS receives your application, they will issue a receipt notice (Form I-797), acknowledging that your case is being processed.
4-Biometrics Appointment (if required):
Depending on your category and case, USCIS may schedule a biometrics appointment where you will provide fingerprints and other biometrics for background checks.
5-Request for Evidence (RFE):
If USCIS requires more information or documentation, they will send a Request for Evidence (RFE). Be sure to respond promptly to avoid delays.
6-Decision:
Once your application is processed, USCIS will make a decision and either approve or deny your application. If approved, you will receive your EAD card in the mail.

The processing time for Form I-765 can vary, but it generally ranges from 3 to 6 months. The time may vary depending on factors like the applicant's immigration category, the USCIS service center handling your case, and the current caseload.

To check the status of your case, you can visit the USCIS Case Status page.