I-765: Application for Employment Authorization

What is I-765 Form?

Applicants who seeking to work in the U.S. must file a Form I-765 to request an employment authorization. Foreign nationals seeking to work in the U.S. legal must obtain an employment authorization document (EAD). EAD is also known as a work permit.

Depending on the work situation, EAD type issued to applicants may vary. For example, I-140 EAD is issued to academic profession. You should check the eligibility category (question 16) in I-765 instruction to ensure you qualify for a work permit.

Once an EAD is issued, the permit will specify the period of time the applicant can legally work for. The duration is primarily based on the applicant’s immigration status. Once an EAD is expired, you can file an additional I-765 to renew your work permit. You can find a copy of I 765 form at the USCIS site.

What are I-765 Instructions?

I-765 is a 19 question application. Depending on the answers to questions, applicants must submit appropriate supporting documents. In addition to variations in the supporting documents, filing address will vary based on the eligibility category.

Also note if you are filing I-765 along with other forms, your filing will depend on the other form. For example, an applicant filing I-765 and I-539 will follow instructions on Form I-539. If you are only filing I-765, filing instruction and address will be one of the following categories:

  • Asylees/refugees and their spouses and children
  • Categories based on nationality
  • Foreign Students
  • Eligible dependents of employees of diplomatic missions, international organizations, or NATO
  • Employment-based nonimmigrants
  • Family-based nonimmigrants
  • If You Have a Pending Adjustment of Status Application
  • Other

Check filing instructions for I-765 to find out the mailing address.

What is the I-765 Fee?

Total cost of submitting a request for an EAD is $495. Filing fee for Form I-765 is $410, and biometric service fee is $85. Biometric fee is charged only if you apply under the following eligibility categories:

  • Request under the Deferred Action for Childhood Arrivals (DACA)
  • A beneficiary of an approved employment-based immigrant petition under compelling circumstances
  • A spouse or unmarried dependent child of a beneficiary of an employment-based immigrant petition under compelling circumstances

Also, applicants under circumstances can file a fee waiver form (I-912) to waive the filing and biometric fees. An example of valid circumstance is an individual living at or below 150% of federal poverty guidelines. Please note if you are filing under DACA, you cannot waive the fees.

What is the Latest Form I-765 Edition?

The most recent edition of Form I-765 is the 12/23/19 edition.

What are the Required Documents for Form I-765?

The required documents for Form I-765 are as follows:

1. A valid passport or other travel document.

2. Proof of identity, such as a driver’s license or birth certificate.

3. Proof of current employment authorization, such as an Employment Authorization Document (EAD) or a Permanent Resident Card (Green Card).

4. Evidence of financial support, such as bank statements or tax returns.

5. Proof of eligibility to work in the United States, such as an Employment Authorization Document (EAD) or a Permanent Resident Card (Green Card).

6. A completed Form I-765 and accompanying fee.

How to Submit Form I-765?

1. Gather the documents you need. Before you can submit Form I-765, Application for Employment Authorization, you must have the following documents:

a. A copy of your passport, visa, and entry document

b. Your Form I-94 (arrival/departure record)

c. A valid job offer letter from an employer in the U.S.

2. Complete the form. After you have gathered all the necessary documents, complete Form I-765. Make sure to provide accurate information and answer all questions. Also, make sure to sign and date the form in black or blue ink.

3. Include filing fees. You must include a filing fee of $410 with your application. The fee can be paid by check or money order made out to “U.S. Department of Homeland Security” or by credit card using Form G-1450, Authorization for Credit Card Transactions.

4. Submit the form and documents. Mail your completed application, along with supporting documents and any filing fees, to the address indicated on Form I-765. Keep a copy of your application for your records and make sure to include a pre-paid envelope if you want your documents returned to you.

5. Wait for a decision on your application. The U.S. Citizenship and Immigration Services (USCIS) will review your application and make a decision within 90 days of receiving it. If approved, you will receive an Employment Authorization Card (EAD) valid for one year that you can use to work in the United States legally.

What are the Filing Tips for Form I-765?

1. Fill out the form legibly. Print clearly and make sure your handwriting is easy to read.

2. Include all requested information and documents in the submission. This includes your name, date of birth, Social Security Number, and any additional documents requested on the form.

3. Make sure to sign each page of the Form I-765 with a blue or black ink pen.

4. Double check all your answers and make sure all the information you provided is accurate and up-to-date.

5. Include a copy of your valid passport and any other identity documents that may be necessary.

6. Include evidence of your eligibility for an employment authorization such as a Notice of Action approval form from USCIS or an alien registration card, if applicable.

7. Include two passport-style photographs taken within 30 days of the filing date. These photographs must meet the requirements outlined by USCIS.

8. Submit the completed form to the appropriate address listed on the form instructions for your jurisdiction. If submitting by mail, make sure to use a trackable shipping method such as FedEx or USPS Priority Mail with Delivery Confirmation.

Are There Special Instructions for Form I-765?

Yes, there are special instructions for Form I-765. The instructions are available on the U.S. Citizenship and Immigration Services (USCIS) website. They include information about eligibility, fees, required documentation and how to complete the application. Additionally, applicants should consult an immigration lawyer or accredited representative if they have any questions regarding the form or the application process.

Can I Apply for Form I-765 Fee Waiver or Reduction?

Yes, you can apply for a fee waiver or reduction on Form I-765. To be eligible for a fee waiver or reduction, you must meet certain criteria under 8 CFR 103.7(c). You will need to provide documentation to support your claim that you are eligible for the waiver or reduction.

What is the Form I-765 Processing Time?

The processing time for Form I-765 can vary significantly, depending on the workload of the USCIS office processing your application. According to the USCIS, most applications are processed within 90 days. However, it is possible that your application may take longer to process. To check the status of your application, you can use the USCIS website or call the USCIS Contact Center at 1-800-375-5283.