U.S. Immigrant Visa for Employment Authorization (Form I-765)

1. What is the purpose of Form I-765?


Form I-765 is an application for Employment Authorization, which is used to apply for an Employment Authorization Document (EAD) that will allow a foreign national to work legally in the United States. The form is also used to apply for a renewal or replacement of an existing EAD.

2. Who is eligible to file Form I-765?


Form I-765, Application for Employment Authorization, is available to a variety of people, including those who are applying for or have obtained certain types of immigration status that allows them to work in the United States. Eligible applicants include:

• Asylum seekers

• Refugees
• Nonimmigrant visa holders (including F-1 students)
• VAWA self-petitioners
• Adjustment of status applicants
• Temporary Protected Status (TPS) holders
• U visa holders
• Special Immigrant Juveniles (SIJ)
• Deferred Action for Childhood Arrivals (DACA) recipients

3. What are the benefits of filing Form I-765?


The Form I-765 is an application for a work permit, which is also known as an Employment Authorization Document (EAD). The key benefits of filing Form I-765 are that it provides an individual the right to legally work in the United States, and it can also help them obtain certain government benefits such as Social Security and Medicare. Additionally, it can help individuals who are seeking permanent residency in the U.S. demonstrate that they have been authorized to work in the U.S. during the period of their application for permanent residency.

4. What documents are required to accompany Form I-765?


Generally, applicants must submit Form I-765 and supporting documents, such as a passport, Form I-94, evidence of a qualifying nonimmigrant status, copy of Form I-20 (for F-1 students/OPT) or Form DS-2019 (for J-1 exchange visitors), or an employment authorization document (EAD). In some cases, additional documents may be required.

5. How long does it take to process Form I-765?


It typically takes about 4 to 6 months to process Form I-765. However, processing times may vary depending on the case and the time of year.

6. How much are the filing fees for Form I-765?


The filing fee for Form I-765 is $410.

7. What is the difference between a work authorization card and an employment authorization document?


A work authorization card is typically a plastic card that grants an individual the right to work in the United States for a specific employer. An Employment Authorization Document (EAD) is a document issued by U.S. Citizenship and Immigration Services (USCIS) that gives an individual permission to work in the United States in a specific occupation and for a limited period of time.

8. What is an employment authorization document (EAD)?


An employment authorization document (EAD) is a document issued by the United States Citizenship and Immigration Services (USCIS) that allows certain non-U.S citizens to work in the United States. The EAD grants the holder permission to work and remain in the country for a specific period of time and includes certain restrictions. The EAD is a card that contains the holder’s name, photograph, alien number, signature, and expiration date.

9. How do I know if my Form I-765 was approved or denied?


You can check the status of your Form I-765 online using the USCIS Case Status Online tool. You will need to provide your application receipt number to check the status. You will also receive an official notification from USCIS regarding the approval or denial of your application.

10. Can I travel while my Form I-765 is being processed?


No, you may not travel outside the United States while your Form I-765 is being processed.

11. Can I work in the U.S. without an employment authorization document (EAD)?


No. The EAD is required for an individual to legally work in the United States. You must obtain an EAD from the United States Citizenship and Immigration Services (USCIS).

12. Are there any restrictions on my employment based on my visa status?


Yes. You must have the appropriate visa status before you can legally start working in the U.S. Additionally, each visa type has different restrictions on hours of work, type of work, and length of stay. Please consult an immigration lawyer for details.

13. How do I renew my employment authorization document (EAD)?


You can renew your Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization. You must also include a copy of your current EAD, two passport-style photos, and the appropriate fee. Your application should be sent to USCIS along with all supporting documents. Once USCIS receives your application, they will review and process it. If your EAD is approved, you will receive a new card with an updated expiration date.

14. How long does it take to receive a replacement employment authorization document (EAD)?


The processing time for a replacement employment authorization document (EAD) varies by office and type of request. Generally, applications for EADs are processed within 90 days from the date the United States Citizenship and Immigration Services (USCIS) receives the application. However, some applications may take longer depending on the individual circumstances.

15. Can I change employers while my Form I-765 is pending?


Yes, you may change employers while your Form I-765 is pending, but you should speak with an immigration attorney or a U.S. Citizenship and Immigration Services (USCIS) representative for more information prior to making any changes.

16. What if the information on my employment authorization document (EAD) is incorrect?


If your EAD has incorrect information, you must contact the issuing agency or USCIS immediately. They will be able to provide instructions on how to correct the information.

17. Is there a limitation on how many hours I can work per week with an employment authorization document (EAD)?


No. An EAD does not impose a limitation on how many hours an individual may work per week. However, the employer may have their own policies or practices regarding working hours.

18. Is there a limit to how long my employment authorization document (EAD) will be valid?


Yes, Employment Authorization Documents (EADs) are typically valid for an initial period of one year, although they may be valid for up to two or three years depending on the type of EAD.

19. Are there any penalties for failing to submit Form I-765 on time?


Yes. If Form I-765 is not timely filed, a federal civil penalty of up to $4,000 per beneficiary may be assessed, as well as additional penalties for continued noncompliance. Additionally, failure to timely file Form I-765 could result in delays in authorization to work and receipt of work authorization documents.

20. Can I extend or renew my employment authorization beyond its expiration date?


No. Generally, you must file an application to renew your Employment Authorization Document (EAD) at least 90 days before the expiration date of your existing EAD. If you do not file your renewal application by the expiration date, you may lose your authorization to work in the United States.