The I-765, Application for Employment Authorization, is an essential form for individuals who want to work legally in the United States while their immigration application is pending or under specific visa classifications. This form, often referred to as the Employment Authorization Document (EAD) application, is filed with the United States Citizenship and Immigration Services (USCIS) and, upon approval, grants foreign nationals permission to work in the U.S. for a specified period.
This comprehensive guide will cover everything you need to know about filing the I-765 application, including eligibility criteria, required documentation, filing steps, fees, and tips to improve your chances of approval.
What is Form I-765?
Form I-765, also known as the Application for Employment Authorization, is a USCIS form that allows eligible individuals to apply for an Employment Authorization Document (EAD). The EAD, commonly referred to as a “work permit,” grants non-U.S. citizens the legal right to work in the United States for a set period, typically up to one year, but this may vary depending on the individual’s visa status or eligibility category.
The EAD is often essential for individuals waiting on longer immigration processes, such as adjustment of status applications or certain temporary visa categories that permit work authorization.
Who Needs an Employment Authorization Document (EAD)?
An EAD is required for individuals who are not U.S. citizens, permanent residents, or on work visas like the H-1B or L-1, where employment authorization is inherent. Examples of individuals who may need an EAD include:
- Asylum Seekers: Individuals with pending asylum applications may apply for an EAD after 180 days from filing.
- Spouses of Certain Visa Holders: Spouses of visa holders (e.g., L-2, E-2, J-2) may apply for an EAD to work in the U.S.
- DACA Recipients: Individuals under the Deferred Action for Childhood Arrivals (DACA) program can apply for an EAD.
- Adjustment of Status Applicants: Those applying for permanent residency (Green Card) can apply for an EAD while awaiting their decision.
- Temporary Protected Status (TPS) Holders: Individuals under TPS are eligible to apply for an EAD.
Understanding if you need an EAD depends on your specific immigration status and employment goals.
Eligibility Requirements for Filing I-765
To qualify for an EAD, applicants must meet certain eligibility requirements based on their specific immigration status. General requirements include:
- Valid Immigration Status: Applicants must be in a qualifying immigration status, such as an adjustment of status applicant, asylum applicant, or certain visa-dependent categories.
- Pending or Approved Petition: For some categories, an immigration petition (e.g., Form I-485 or asylum application) must be pending or approved.
- Supporting Documentation: Applicants must provide documents to demonstrate their eligibility under the specific EAD category.
- Ineligibility for Other Work Authorization: Applicants should not have other means of obtaining employment authorization in the U.S.
Ensuring that you meet the eligibility requirements for the EAD application category you are applying under is crucial for a successful application.
Categories for Employment Authorization
The I-765 form requires you to select an eligibility category, which indicates the reason for your employment authorization request. Some of the most common eligibility categories include:
- C(9): Applicants with pending adjustment of status (I-485) applications.
- C(8): Asylum applicants who have waited 180 days after filing.
- C(19) and A(12): Individuals with Temporary Protected Status (TPS).
- C(14): Deferred Action for Childhood Arrivals (DACA) applicants.
- C(26): Spouses of H-1B visa holders (H-4 visa holders).
Each category has specific requirements, so choosing the correct one is essential for your application to be processed without delays.
Documents Required for Form I-765
To file Form I-765, you’ll need several supporting documents. Required documents generally include:
- Proof of Identity: A copy of your passport, birth certificate, or other official identification.
- Immigration Status Documentation: Evidence of your current immigration status, such as Form I-94, visa stamp, or an approval notice.
- Previous EAD (if applicable): If you are renewing or replacing your EAD, include a copy of your previous work permit.
- Two Passport-Style Photos: Recent passport-sized photos that meet USCIS specifications.
- Supporting Documents for Specific Category: Additional documents based on your eligibility category, such as I-485 receipt notices for adjustment of status applicants or an I-797 approval for DACA recipients.
Prepare all required documents in advance to ensure a complete application and avoid delays in processing.
Step-by-Step Guide to Filing Form I-765
Step 1: Download and Complete Form I-765
Visit the USCIS website and download the latest version of Form I-765. Complete the form accurately, making sure to choose the correct eligibility category and answer all required fields.
Step 2: Attach Supporting Documents
Gather all required documents, including proof of identity, immigration status, passport-sized photos, and category-specific documents. Ensure they are clear and meet USCIS guidelines.
Step 3: Pay the Application Fee
The fee for filing Form I-765 is $410. Some categories, like DACA, may have an additional biometrics fee. Fees can be paid via check, money order, or credit/debit card using Form G-1450 (Authorization for Credit Card Transactions).
Step 4: Complete and Sign the Form
Review your application for accuracy. Ensure that you sign the form, as unsigned forms will be rejected by USCIS.
Step 5: Mail the Application Package
Mail the completed application and supporting documents to the correct USCIS filing address. Filing addresses vary depending on your eligibility category and location, so verify the correct address on the USCIS website.
Step 6: Receive USCIS Receipt Notice
After submitting your application, you will receive a receipt notice (Form I-797) confirming that USCIS has received your application. This notice includes a receipt number, which you can use to track your application status.
Filing Fees and Payment Methods
The standard filing fee for Form I-765 is $410, although certain categories may be exempt. DACA applicants also need to pay a $85 biometrics fee, totaling $495. Payment options include:
- Check or Money Order: Payable to the “U.S. Department of Homeland Security.”
- Credit/Debit Card: Use Form G-1450 to authorize payment by credit or debit card.
Fee waivers are available for certain applicants, such as those with humanitarian backgrounds. Check USCIS guidelines if you believe you qualify for a fee waiver.
Biometrics and Background Checks
For certain categories, USCIS may require biometrics (fingerprints, photos, and signatures) as part of the I-765 application process. If biometrics are required, you will receive an appointment notice instructing you to visit a USCIS Application Support Center (ASC) near you.
Attending the biometrics appointment is essential for your application to proceed. Be sure to bring the appointment notice and a valid photo ID to the appointment.
Where to File Form I-765
The filing address for Form I-765 varies based on your eligibility category and geographic location. You can find the correct mailing address on the USCIS website, organized by category and type of service.
USCIS provides both lockbox addresses and service center addresses, so it is critical to confirm where your specific category’s application should be mailed.
I-765 Processing Times
Processing times for Form I-765 can vary significantly based on eligibility category, workload at USCIS, and specific application details. Typical processing times range from 3 to 8 months, though expedited processing may be available in emergency situations.
To check current processing times, visit the USCIS Processing Times page and select the appropriate service center handling your case.
Checking the Status of Your I-765 Application
You can check the status of your I-765 application online through the USCIS Case Status tool by entering your receipt number. You may also sign up for USCIS Case Status Updates to receive email or text alerts.
Keep your I-797 receipt notice safe, as it contains your unique receipt number, which you will need to track your application.
Renewing or Replacing Your EAD
If your EAD is nearing expiration or has been lost, stolen, or damaged, you may apply to renew or replace it using Form I-765.
- Renewal Application: Submit Form I-765 at least 90 days before your EAD expires to ensure there is no gap in employment authorization. Be sure to indicate “Renewal of my permission to accept employment” on the application.
- Replacement Application: If your EAD is lost, stolen, or damaged, you can file a new Form I-765 and check the box indicating “Replacement of lost, stolen, or damaged employment authorization document.”
Renewing or replacing your EAD follows the same application process as the initial application, including providing supporting documentation, paying the filing fee, and, if applicable, attending a biometrics appointment.
Tips for a Successful I-765 Application
- Ensure Accuracy in the Form: Double-check all information provided on the form, as even small errors can lead to delays or denials.
- Choose the Correct Eligibility Category: Selecting the right category is crucial. Review USCIS guidelines carefully to confirm that you qualify under the chosen category.
- Prepare Clear and Complete Documents: Submit clear, complete copies of all required supporting documents. If any documents are in a foreign language, provide certified translations.
- Pay the Exact Fee Amount: Verify the fee amount and payment method, as mistakes in payment can result in rejection.
- Sign the Form: Unsigned forms will not be processed, so make sure you sign and date your I-765 form.
- Keep Copies of Your Application: Retain copies of all forms and documents submitted to USCIS, along with any tracking information if mailed.
- Track Your Case: Use the USCIS online case tracker to monitor your application status and stay informed about processing times.
Following these tips can help improve your application’s chances of being processed smoothly and reduce the likelihood of errors or delays.
Conclusion
Filing Form I-765 for an Employment Authorization Document is a vital step for many immigrants who wish to work legally in the United States. The I-765 application process, while straightforward, requires attention to detail, accurate documentation, and awareness of USCIS requirements. From confirming eligibility to gathering necessary documents, paying the application fee, and following up on your application status, each step in the process is essential for a successful outcome.
For those awaiting permanent residency or other immigration outcomes, an EAD provides valuable work authorization, enabling applicants to support themselves while their applications are being processed. By following this guide, you’ll be better prepared to navigate the I-765 application process and successfully secure the Employment Authorization Document that allows you to work in the U.S.
Whether you are an asylum seeker, an adjustment of status applicant, or a dependent of a visa holder, filing an I-765 can be the key to unlocking employment opportunities in the United States. With thorough preparation, an understanding of USCIS procedures, and proactive follow-up, you can confidently move forward with your EAD application and take a step toward achieving your employment goals in the U.S.