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Form I-765, Explained

Everything you need to know about the application for employment authorization, in this guide.

  • What is Form I-765?
  • Form I-765 Cost
  • How Does USCIS’ Fee Increase Affect The Cost of Form I-765?
  • Form I-765 Processing Times
  • Form I-765 Eligibility
  • Required Documents
  • Reasons Your Work Permit Could Be Denied
  • Form I-765 FAQs
  • Related Information

Form I-765, (officially called “Application for Employment Authorization”), is an application used by foreign nationals to obtain employment authorization in the U.S. If you plan on working while waiting for your green card approval, you’ll need to apply for a work permit by filing Form I-765. With a permit (also called an Employment Authorization Document , or EAD), you can prove to prospective employers that you are indeed eligible to work.

If you’re applying for a family-based green card from abroad, such as a CR1 visa, you won’t need to apply for a separate work permit ahead of time—your work authorization automatically begins once you enter the United States and receive your green card.

Unless you have some other immigration status that allows you to work (e.g. H-1B ), it’s important that you don’t do any kind of paid work until your work permit has arrived.

The good news is that getting a work permit is a relatively easy process, especially if you file the work permit application (I-765) at the same time as the rest of your green card application.

In this guide, we’ll cover the cost, timeline, and process for filing Form I-765.

Boundless bundles your green card with your work permit for no extra charge!

Typically, the filing fee for Form I-765 is $410  but the work permit cost depends on a number of factors. The fee could be more if you are required to submit biometrics with your application.

Who needs to pay a biometrics fee when applying for a work permit?

The following filing categories need to pay an additional $85 biometrics fee, bringing the total for the work permit application to $495 :

  • Deferred Action for Childhood Arrivals ( DACA )
  • Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances
  • Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-based Immigrant Petition

Who is exempt from paying the filing fee?

There is currently no fee for filing a work permit application if it is included in the same package as your Adjustment of Status (AOS) green card application (as long as your Form I-485 was filed after July 30, 2007). However, this could change in 2023 under a new proposal to increase immigration fees.

The Form I-765 instructions has a full list of who else is exempt from paying the fee.

Fee waivers

If you are unable to pay the filing fee, you may request a fee waiver by submitting Form I-912 (Request for Fee Waiver) with your Form I-765 and all supporting documentation.

If approved, both the filing fee and the biometrics fee will be waived, and you will pay $0.

In early 2023, USCIS announced a proposed increase on nearly all immigration filing fees , including Form I-765. Historically, there was no additional cost to apply for a work visa when filing your I-485 to adjust your status to a green card, but under the proposed rule, that will soon increase to $650.

For those who have paid the fees to file Form I-765 in the past, the previous cost of $410 will also go up +59% to the $650 amount.

The rule has not gone into effect yet but could be approved as early as summer 2023.

To avoid the higher fees, it’s important to file your application before the rule goes into effect. Learn more about what Boundless can do to help.

In general, it takes about 6.7 months for U.S. Citizenship and Immigration Services (USCIS) to process Form I-765.

Previously, USCIS processed work permit applications within 6.7 months , but a growing backlog has caused additional delays.

case closed i 765 application for employment authorization

The cost for to file I-765 could increase significantly in 2023. To avoid the higher fees, it’s important to file your application before the proposed rule goes into effect. Learn more about what Boundless can do to help.

According to USCIS, if you are eligible for a family-based green card , you are also eligible for a work permit. As long as you have a pending green card application (Form I-485), you may apply for a work permit. For more information, the Form I-765 instructions include a full list of all the I-765 eligibility categories .

How to Apply for Form I-765

You can file Form I-765 along with your green card application ( Form I-485 ) or at any time after you’ve received a notice that USCIS has received your green card application. If you apply for a work permit in the same package with your green card application, you simply need to include a completed Form I-765 and two passport-sized photos.

Even if you’ve already submitted your green card application, you can still apply for a work permit by filing Form I-765 along with a copy of the notice from USCIS showing that your green card application (including the I-485 filing fee) was received.

Be sure to follow the direct filing instructions for Form I-765. USCIS requires that I-765 applicants file their application with the service center that will process their petition. Previously, applicants would send their application to one service center hub, which would then send their application to a different center for processing.

If you are filing the I-765 with another form, such as the I-485, file both forms at the address specified by the other form.

The following documents are needed to file Form I-765:

  • Copy of your I-94 travel record (front and back), if available, or a printout of your electronic I-94 obtained from U.S. Customs and Border Protection (CBP)
  • Copy of your U.S. visa (a document placed in your passport)
  • Copy of your passport photo page
  • Copies of previous work permits (front and back), if any
  • Two 2-inch-by-2-inch passport-style photos of yourself taken recently (print your full name and Alien Registration Number on the back of each with a pencil or felt-tip pen)
  • Your sponsor is a green card holder
  • Your sponsor is a U.S. citizen and you’re applying for a work permit after submitting your green card application (which would be unusual)

If you have not been issued a work permit before, you must also submit a copy of one of the following forms of government-issued identification:

  • Birth certificate and a photo ID
  • Copy of a visa (a document placed in your passport) that was issued by the consulate of a country other than the United States
  • Another national identity document with your photo and/or fingerprint

A work permit may be denied for a variety of reasons. The first is if you filled out the work permit application form (I-765) incorrectly, forgot to sign it, or left out a required element (for example, if you applied for the work permit after your green card application, and you failed to include a copy of the original USCIS receipt notice). The second, less common reason for denial is that your green card application is processed so quickly that you already have an approved green card before your work permit application is finished being processed. This is a good (if rare) problem to have since once you have a green card , you don’t need a separate work permit in order to legally work.

U.S. Immigration can be complex and confusing. Boundless is here to help. Learn more about what Boundless can do to help.

Individuals who are not U.S. citizens or permanent residents, but who wish to obtain authorization to work in the United States, need to complete the Form I765.

There are a number of reasons why someone might need to complete Form I-765. For example, an individual might need to obtain employment authorization if they are waiting for a green card through the adjustment of status process, seeking asylum in the United States, if they are DACA recipients, or if they have been granted refugee status.

Form I-765 can be completed online or by mail. If you are completing the form online, you will need to create an account with USCIS (the United States Citizenship and Immigration Services). Once you have created an account, you will be able to access the form and complete it electronically. If you are completing the form by mail, you will need to print out the form and then complete it by hand.

When completing Form I-765, you will be asked to provide personal information such as your name, date of birth, and address. You will also be asked to provide information about your immigration status and your employment history.

The filing fee for Form I-765 is $410 as of 2019. This fee could increase in 2023 if the government’s proposed costs go into effect. Check out our USCIS fees guide for a full breakdown of the expected costs as well as updates on the government’s proposal.

The completed Form I-765 should be sent to the address that is listed on the form instructions. The address will vary depending on your location and your specific circumstances.

There is no set filing date for Form I-765; however, it is generally advisable to file as soon as possible after your immigration status has been granted or after you have been authorized for employment in the United States.

Want answers on cost, wait time, and required documents for a green card? Boundless can help! Get started today!

Immigration guideS

  • Boundless’ Visa Planning Quiz
  • Form I766: Employment Authorization Document
  • Immigration Forms
  • Green Cards, Explained
  • Marriage Green Cards, Explained
  • How Long Does It Take to Get a Marriage Green Card in the U.S.?
  • Who Can File Form 1-765?
  • Preparing for the Green Card Interview

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Home » Guide to Form I-765, Application for Employment Authorization

Form I-765, Application for Employment Authorization

Form i-765 overview for:, form i-765 (application for employment authorization) explained, what is form i-765 used for.

Certain foreign nationals, who are eligible to work in the United States, use Form I-765, Application for Employment Authorization , to request permission to work. When hiring employees, U.S. employers must request proof of the worker's right to work.

U.S. citizens and lawful permanent residents (green card holders) may work without requesting special permission. Some nonimmigrants, temporary in nature, may be granted employment authorization upon request from U.S. Citizenship and Immigration Services (USCIS). However, not all nonimmigrants are eligible for this benefit. Individuals granted employment authorization with an approved Form I-765 receive an employment authorization document. You may also hear this document referred to as:

  • Employment Authorization Card; or
  • Work Permit.

These are different names for the same thing. Use Form I-765 to request an initial, replacement or renewal card. You must be in a valid eligibility category to request employment authorization.

Eligibility for Employment Authorization

Who may file the i-765 application.

Several categories of nonimmigrants in the United States may be eligible to apply for employment authorization using Form I-765. It is important for the applicant to understand the underlying basis for eligibility. In some cases, DACA for example, the applicant must submit the I-765 application with Form I-821D. However, other categories may file the application at a later date. For example, adjustment of status applicants may file Form I-765 with I-485 or anytime the I-485 is pending.

The complete list of eligibility categories for I-765 can be viewed below:

Typically, USCIS issues work permits for a period of one year. However, they may issue longer or shorter periods for some categories. Generally, you can file for a renewal if your work permit is expired or will expire in the next 120 days. To receive approval for a renewal, you'll need to make sure you remain eligible in the eligibility category that you applied.

I-765 Online Filing versus PDF

Can form i-765 be filed online.

USCIS offers an online filing option for the Form I-765, Application for Employment Authorization.  But there are tradeoffs when you use USCIS online filing . You can submit your application quickly. However, this doesn’t necessarily mean you get quick processing or protections from mistakes. If you are interested a quick approval, focus on submitting a well-prepared application package. It’s the difference between saving a couple of days with online filing versus saving several weeks with smooth processing. What’s more, USCIS is not your advocate. They are not looking out for your best interests. If you include information that damages your application or your immigration future, USCIS isn’t going to correct you.

For people who want to make sure they are preparing the application correctly, CitizenPath offers an affordable service created by immigration attorneys. CitizenPath’s Employment Authorization Package will make the application easy and give you alerts if there’s a problem. You’ll also receive detailed filing instructions so you know exactly which supporting documents to submit with your application. CitizenPath even provides a money-back guarantee that USCIS will approve your application.

You may always download a copy of the Form I-765 PDF from the USCIS website . Occasionally, USCIS publishes new editions of the I-765 application. Make sure you are using an edition which USCIS accepts. Although you may use black ink to fill in your Form I-765 by hand, it’s preferable to file a typed application. This helps prevent mistakes and may improve intake speed.

Form I-765 Instructions

How do i fill out i-765.

CitizenPath's online services help you prepare Form I-765 with simple, step-by-step instructions. Our Employment Authorization Package help you fill out the application in just a few minutes. We even give you a money-back guarantee that USCIS will approve your application.

If you prefer to fill out the PDF-based application, you can download instructions from USCIS or follow this summary of directions.

General Guidance

  • Type or print answers in black ink only. 
  • Enter “N/A” if an answer is not applicable and "NONE" if your answer is zero.
  • Foreign language documents must be accompanied by a full English certified translation .
  • Submit your application with the current USCIS filing fee . Use a personal check, money order, cashier’s check or use Form G-1450 to pay by credit card.
  • Submit photocopies for all supporting documents unless an original document is specifically required.
  • For Reason for Applying , indicate if this is an initial, replacement, or renewal application for employment authorization. Even if you've previously had a work permit, it is an initial application if you're applying for the first time under a new eligibility category.
  • For Names , use your current legal name. If you married in the U.S., the marriage certificate is generally a legal name change document. You can start using your married name. USCIS will use this name to issue the EAD. Be sure to list any other versions of your name used in the past such as a maiden name.
  • For Mailing Address , provide any address where you can safely receive mail. USCIS will mail you notices and appointment information at this address.
  • For Information About Your Last Arrival in the United States , include information regarding your most recent entry to the United States. Select the visa category you held when you most recently entered the U.S. and were admitted by a U.S. Customs and Border Protection (CBP) officer. Make sure your information matches corresponding documentation. The visa category will be listed on your I-94 record .
  • For Information About Your Eligibility Category , enter your eligibility category . Review the remaining questions and answer only if they are applicable to your category.

Parts 3, 4, 5 and 6

  • For Applicant's Statement , provide the requested information and important contact information so that USCIS may contact you during the process.
  • For Interpreter and Preparer , provide information if applicable. If you prepared your Form I-765, it’s only necessary to sign as the “applicant.” If another person translated or prepared the application for you, be sure Parts 4 and 5 are filled in and signed appropriately.
  • For Additional Information , include any extra information that did not fit in the space provided.

This is an abbreviated list of Form I-765 instructions. We highly recommend that you download USCIS instructions or use CitizenPath’s service to prepare the application. CitizenPath provides filing instructions customized to your situation. You’ll get detailed I-765 instructions that explain which supporting documents to submit, how to organize, and where to mail.

Filing Addresses for the Application

Where to file form i-765.

USCIS accepts the I-765 application via e-file and mail. They do not want applicants to submit the form in-person at USCIS offices. Due the various eligibility categories, there are many different Form I-765 filing addresses. The address depends on various factors such as the basis of eligibility (e.g. family, employment, asylum, etc.) and U.S. state of residence. For the most up-to-date address, refer to the USCIS I-765 direct filing addresses .

Although USCIS receives your application package at these locations, they will process them somewhere else. If you have an interview, it will be at a USCIS field office near that home address you provide.

I-765 Application Processing Time

How long does it take.

USCIS is reporting processing times in excess of one year. However, CitizenPath customers generally receive their EADs more quickly. Form I-765 processing times will vary significantly based on the underlying eligibility category and service center.

Reporting for processing times only includes forms that were successfully filed. If an individual does not correctly prepare a form or otherwise does not satisfy eligibility requirements, USCIS will reject or deny these requests. For the most recent year, USCIS reported the following national statistics:

USCIS Rejections in 2023

MODERATE RISK

USCIS Denials in 2023

How citizenpath helps you, is there an inexpensive way to file the i-765 application.

CitizenPath's affordable, online service makes it easy to prepare Form I-765, Application for Employment Authorization. Designed by immigration lawyers, the Employment Authorization Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve your application.

CitizenPath Green Card Renewal/Replacement Package to file Form I-90, Application to Replace Permanent Resident Card

Frequently Asked Questions

Individuals who are filing the I-765 based on a deferred action category, must include an additional supplement called Form I-765WS. It's a simple worksheet for you to explain your economic need for employment authorization. If you are requesting employment authorization under the (c)(14), Deferred Action, or (c)(33), Consideration of Deferred Action for Childhood Arrivals, categories, you must submit the worksheet with I-765. If you are not applying under one of these two categories, you do not need Form I-765WS.

Generally, you can find your status at last entry on your nonimmigrant visa or Form I-94. However, if you changed your status since arriving, your visa category may be different. In this case you can likely find your current immigration status on a Form I-797A, Notice of Action.

Form I-765, Application for Employment Authorization, includes additional questions that allow applicants to apply for a Social Security Number or replacement card without visiting a Social Security office. You'll need an SSN if you plan to work. It's an important piece of identification in American daily life. If you don't already have an SSN, this is a good opportunity to obtain one. Learn more about using the I-765 application to request a Social Security Number .

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Work permit for immigrants in the US: What you need to know

Noncitizens can obtain an employment authorization document depending on their immigration status and other factors.

Permiso de trabajo para inmigrantes en Estados Unidos

The Employment Authorization Document (EAD), also known as Form I-766, is a crucial document issued by the United States Citizenship and Immigration Services (USCIS) that allows individuals to work legally within the United States for a specified period. It serves as proof to employers that the holder is authorized to work, irrespective of their citizenship or national origin. Obtaining an EAD involves submitting Form I-765, Application for Employment Authorization, to USCIS, along with supporting documentation demonstrating the individual’s eligibility based on their immigration status or specific circumstances.

Eligibility for an EAD includes individuals who are authorized to work in the U.S. due to their immigration status, such as asylees, refugees , or certain nonimmigrant visa holders, as well as those required to seek permission to work, such as applicants with pending adjustment of status or asylum applications. However, certain categories, such as lawful permanent residents (green card holders) and some nonimmigrant visa holders with employment-authorized visas, are exempt from needing an EAD. Instead, they can use their Permanent Resident Card (Green Card) or their visa documentation as evidence of their employment authorization.

The EAD specifies the period during which the individual is authorized to work in the U.S., typically ranging from one to two years depending on the individual’s circumstances and USCIS discretion. Renewal of the EAD may be necessary before its expiration to maintain continuous work authorization, requiring individuals to file renewal applications similarly to initial applications. Employers in the United States are mandated to verify the authenticity of an employee’s EAD as part of the employment eligibility verification process outlined in Form I-9, ensuring compliance with immigration laws and facilitating legal employment for authorized individuals.

How to get a work permit in the U.S. being an immigrant?

First, immigrants need to determine if they are eligible to apply for a work permit. This can depend on several factors such as their immigration status, pending immigration applications or petitions, humanitarian parole, asylum or refugee status, and others.

Those eligible must complete and submit Form I-765, Application for Employment Authorization , to the United States Citizenship and Immigration Services (USCIS), with their personal information, details about their immigration status and reasons for seeking employment authorization.

Depending on their status, applicants typically need to submit Form I-765 along with supporting documents to prove their eligibility, which could be copies of immigration documents, identity documents, and other types of evidence. Applicants are also required to pay a filing fee (unless they qualify for a fee waiver). Current fees can be found on the USCIS website .

Applicants can send their form and documents either by mail or electronically, depending on the instructions provided by USCIS based on their status.

Once received, applicants are scheduled for a biometrics appointment at an Application Support Center (ASC), where fingerprints, photographs and signatures are taken for identity verification purposes.

When the application is approved, USCIS will issue the Employment Authorization Document, which will serve as official documentation allowing the immigrant to work legally in the United States.

How long does it take?

Processing times can vary depending on several factors such as the individual’s case, the USCIS workload and the applications volume. Applicants can check the USCIS website for current estimates. After approval, the EAD card should be delivered within one to two weeks, and it would be mailed via U.S. Postal Service (USPS) Priority Mail.

Work permits have expiration dates . If the immigrant needs to continue working in the United States, they must file a renewal application with USCIS in advance to the expiration date to avoid interruptions in employment authorization.

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Form I-765 EAD Step by Step Guide

What is form i-765.

Form I-765 is the application for employment authorization.

What is employment authorization?

Employment authorization is when USCIS gives temporary authorization for employment to non-citizens. Immigrants can use Form I-765 to request an employment authorization document (EAD). This document grants the non-citizen temporary employment authorization in the United States.

I-765 EAD Card

Do I have to submit the Form I-765?

You must apply for an EAD with Form I-765 if you:

  • Are approved to work in the United States due to your immigration status (asylee, refugee, or nonimmigrant) and need evidence of that employment authorization.
  • pending Form I-485, Application to Register Permanent Residence or Adjust Status.
  • pending Form I-589, Application for Asylum and for Withholding of Removal.
  • a nonimmigrant status that does not allow you to work in the United States without first seeking permission from USCIS (such as an F-1 or M-1 student).

You do NOT need to apply for an EAD if you are a lawful permanent resident , conditional resident, or nonimmigrant. Your Green Card provides sufficient proof of your employment authorization. You also do NOT need to apply for an EAD if you possess a nonimmigrant visa that authorizes you to work for a specific employer (for example, an H-1B, L-1B, O, or P visa).

Can I work while my Green Card application is processing?

Processing Timeline: USCIS previously issued work authorization within 90 days, but their current processing time averages 4-7 months . While it can be frustrating to wait that long to receive work authorization, these processing times are shorter than the current green card wait times and are meant to make the wait time for the green card a little easier.

Required Supporting Documents

You will need the following documents in order to submit I-765:

  • Your application with the filing fee.

If you are mailing your application to USCIS, you must also submit the following documentation, according to USCIS:

  • A copy of Form I-94, Arrival-Departure Record (front and back), if available. If you are filing Form I-765 under the (c)(9) category, Form I-94 is not required.
  • A copy of your last EAD (front and back). If no prior EAD has been issued, you must submit a copy of a government-issued identity document, such as a passport showing your picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/ or fingerprint. The identity document photocopy must clearly show the facial features of the applicant and the biographical information. If you are filing under the (c)(33) category, additional documentation is not required.
  • You must submit two identical color photographs of yourself taken within 30 days of filing your application. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and un-retouched. The passport-style photos must be 2” by 2”. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1” to 1 3/8” from top to bottom of chin, and eye height is between 1 1/8’ to 1 3/8” from bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious order of which you are a member. Using pencil or felt pen, lightly print your name and Alien Receipt Number on the back of the photo.”

What is the Form I-765 filing address?

If you’re filing the form directly, the address depends on the eligibility category you entered in Question 16 of Form I-765. If you are filing I-765 with another form, file both documents at the location required by the other form. Use the addresses found on the USCIS website only when you are not submitting I-765 with another form.

How much is the Form I-765 filing fee?

If you submit the Form I-765 with an immediate family based green card application (Form I-485), then the fee is automatically waived.

If you’re filing the Form I-765 separately, the filing fee is $410. You must also pay an additional $85 biometric services fee, for a total of $495.

Can I get the fee waived?

You may qualify for a fee waiver if you provide documentation for any of the following eligibility criteria :

  • You, your spouse, or the head of household living with you, are currently receiving a means-tested benefit.
  • Your household income is at or below 150 percent of the Federal Poverty Guidelines. Check the current Federal Poverty Guidelines for this year to see if your household income qualifies.
  • You are currently experiencing financial hardship that hinders you from paying the filing fee, such as unexpected medical bills, emergencies, and other unforeseen circumstances.

You may file for a fee waiver by filling out Form 912 (Request for a Fee Waiver) .

  • There is no filing fee for this form.
  • You cannot file online if you are requesting a fee waiver. You will need to file paper versions of the fee waiver request and the form for which you are requesting a fee waiver, together. Do not file the two forms separately.
  • Each person applying for a fee waiver must sign and date the Form I-912.

Instead of filing Form 912, you may also file for a fee waiver by writing a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting evidence.

For further information on proof of documentation and eligibility, check the USCIS Fee Waiver information sheet .

How do I renew my I-765? Is there an I-765 renewal fee?

If your EAD has expired or will be expiring soon, you can submit a new Form I-765 and filing fee (unless a fee waiver has been requested and granted) to file for a renewal EAD. Do not file for a renewal EAD more than 180 days before your initial EAD expires.

How do I request a replacement EAD?

You may follow the renewal process listed above to request a replacement EAD for lost, stolen, or destroyed documents. If your EAD contains incorrect information that is not due to a USCIS error , you must submit a new I-765 form, a filing fee, the required documentation, and the card containing the error.

If your EAD contains incorrect information that is due to a USCIS error , you do NOT need to submit a new I-765 form or a filing fee. USCIS will process your replacement request at no cost. In this case, you must send the original card containing the error, a detailed written explanation of the card error, and supporting documentation on the correct information. Submit this information to the service center or National Benefit Center that approved your latest Form I-765.

What if my documentation is in a language other than English?

Any document containing foreign language must be accompanied by a full English language translation which the translator has certified as complete and accurate. You must also include the translator’s certification that he or she is adequately able to translate from the foreign language into English.

Do I receive updates when USCIS has accepted my Form I-765?

Yes. To do so, fill out Form G-1145 (E-Notification of Application/Petition Acceptance) and attach it to the first page of your I-765 application.

Don’t Forget:

  • Number 1 – Full Name
  • Number 3 – U.S. Mailing Address
  • Number 6 – Date of Birth
  • Number 20 – Eligibility Category
  • Remember to sign your form! USCIS will reject and return any unsigned form.
  • Biometrics Services Appointment: After receiving your application and ensuring completeness, USCIS will inform you in writing when to go to your local USCIS Application Support Center (ASC) for your biometrics services appointment . This appointment is to gather physical data by which a person can be uniquely identified. At your biometrics appointment, USCIS will collect your fingerprints, take your photo, and have you sign your name for electronic capture. If you do not attend the appointment, your application may be denied.

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  • What is the USCIS Form I-765 Filing Fee?
  • Green Card Renewal Form I-90 Filing Fee

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I guys please, l lost my card. I want replacement my card

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shouldn’t I-765 fee be waived when we submit this form with the Form-I765? It was the case when I submitted my I765 form along with my I-765 form, now USCIS has rejected my I-765 due to “incorrect filing fee”. not sure what does that mean? I know 10 people who sent the same two forms wit the same fee, and both form were accepted.

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How to check the status after submitting the request without the form G-1145?

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How to check if they have received my application I forgot to attach G-1145 form plz help me

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What are the steps along with approximate time for each of them? How many days after the biometrics u get EAD?

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Want to Renew EAD under C(9) category from Maryland. I asylum pending and applied i-485. Confused about the filing location. Help me please.

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My current EAD (under the condition of Post Completion OPT) is ending soon. I’m thinking of applying it again under a new reason — with my Green Card application.

However, for the Part 1: Reason for Applying, should I select “Initial permission to accept employment” or “Renewal of my permission to accept employment”?

And it is usually free to file i765 with green card application, but do I still need to pay for the application fee since it is not technically my first EAD application?

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I am due for I 765 renewal – less then 180 day before expiration. my wallet was stolen and I don’t have the card to make a copy to enclose as evidence. Should I file to renew or for duplicate?

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I know there is a $410 fee associated for renewal the EAD by filing I-765 form. My question is , how do I know to include a $85 biometrics fee.? Do I include the $85 biometrics fee as well?

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When filing the i-765 along with the green card application through marriage what category on question 27 do i pick?

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This is very attention-grabbing, You’re an excessively professional blogger. I’ve joined your feed and look forward to searching for more of your fantastic post. Additionally, I have shared your site in my social networks

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USCIS Case Status Message Explorer

Did you get a USCIS case status update message? What is USCIS case status message "Card Was Produced" ? What comes next and how long does it usually take? Explore the interactive chart below to find out! (Please note: Each USCIS case is unique and we cannot guarantee that your case will progress in a way that is represented here)

Last updated: Feb 23, 2024 | Next scheduled update: Feb 24, 2024

USCIS Case Status Message Explorer was created based on Lawfully-analyzed 92,670 cases of I-765 in Based on a pending I-485 adjustment application category from the most recent year.

case closed i 765 application for employment authorization

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look guys what happen with USCIs 😭😭😭 see for how long to card being produced to card was produced it’s not crazy guys ??

Case History February 22, 2024 Status Card Was Produced Date February 22, 2024 February 7, 2024 Status We are producing your new card for your Form I-765, Application for Employment Authorization. Date February 7, 2024

Hello, my I-485 was approved on February 4 and 2 days ago the application notified me that the card was produced. Does anyone know how long it takes to arrive after saying the card was produced?

“card was produced”

My mom’s case got approved January 23rd. Feb 2nd we received an update that her card was produced, but haven’t received anything since. has anyone experienced this?

Combo Card Produced

I want to share my news with the community. My combo card is finally produced 12 days after approval. Here is my timeline: 12/22/2023: Forms received 01/04/2024: Biometrics scheduled 01/05/2024: Fingerprint taken 01/24/2024: I-131 closed 01/25/2024: Approval notice found under I-765 documents 02/07/2024: Card Was Produced Wish everybody good luck and my 485 could be approved soon.

card Was Produced

7 Hours ago my card was produced for i765 combo card please what next… how many days will I get my card or ssn thank you

Approved , my combo card was just produced

My EAD has been approved since Jan 24 but it was only showing under the documents tab but the status finally just updated to card was produced. My green card is next so soon by God’s grace .. Amen

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case closed i 765 application for employment authorization

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?

case closed i 765 application for employment authorization

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

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.

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What Is Form I-765: Application for Employment Authorization?

Form I-765 is main official form you use to apply for a work permit. To receive an Employment Authorization Document (EAD), you need to file Form I-765 with U.S. Citizenship and Immigration Services (USCIS). This article explains what Form I-765 is and how it’s used. We'll also explain who can file the form, how to complete it, what supporting documents to include, and how much it costs.

Jonathan Petts

Written by Jonathan Petts .  Updated September 26, 2023

What Is Form I-765?

Form I-765 is officially called the Application for Employment Authorization. U.S. Citizenship and Immigration Services (USCIS) uses this form to collect information from people applying for work authorization to assess whether or not they are eligible for a work permit . A work permit is formally called an Employment Authorization Document or EAD. 

You can’t get an EAD without filing Form I-765 with USCIS. Without work authorization, you can’t work for any employer in the United States. When USCIS processes and approves your Form I-765 application, they will issue you a card that you can use as proof of your eligibility to work for employers in the United States. You’ll also use Form I-765 to renew an expired EAD or to replace a missing or damaged EAD.

Who Can File Form I-765?

Not everyone is eligible to file Form I-765. You can only file an I-765 application if you’re eligible to get a work permit in the United States. People who qualify for work permits include:

People with a pending adjustment of status application* 

People with a pending asylum application

Dreamers requesting or renewing Deferred Action for Childhood Arrivals (DACA)

People applying for T-visa and U-visa status.

People applying for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status

F-1 students applying for post-completion Optional Practical Training (OPT) and STEM OPT extension

*If you’re applying for your green card through consular processing, you can’t apply for an Employment Authorization Document. You’ll wait to receive your green card and use that to prove your eligibility to work in the United States.

How To Complete Form I-765

Form I-765 is straightforward to complete as long as you follow the U.S. Citizenship and Immigration Service (USCIS) filing instructions . There are six parts to the form and each asks for different information.

Form I-765 Part 1: Reason for Application

This part of the form asks your reason for applying for a work permit. You can indicate that you are applying for initial permission to work (a first-time card), to renew an old work permit, or to replace one you’ve lost.

Form I-765 Part 2: Identification Information 

Here, you’ll provide identifying biographical and other information about you, such as: your full name, physical address and mailing address, and your gender. It will ask for your marital status, and your travel history information, including your I-94 number and when you reported to a U.S. Customs and Border Patrol (CBP) officer. It also asks for your date of birth, your immigration status, and your country of origin.

You’ll need your alien registration number (A-Number), receipt number from relevant receipt notices and approval notices from USCIS, Social Security number (SSN), and USCIS Online Account number if you have one. If you don’t already have a Social Security card, you can choose to register with the Social Security Administration on this part of the form.

You will also have to specify the eligibility category code for your application in this part of the form. For example, the eligibility code for Deferred Action for Childhood Arrivals (DACA) is (c) (33).  USCIS provides a full list of codes for the different categories that you could enter onto the form.

Form I-765 Part 3: Statement and Signature

Here, you will indicate whether you read and filled out the form on your own or if you had help from an interpreter. Then you will sign and date the form. You have to use a pen with black ink for this. You can’t type it in.

Form I-765 Part 4: Interpreter’s Contact Information (if Applicable)   

If any interpreter helped with your application, they must sign and date this part of the form. They’ll also provide their name and contact details.

Form I-765 Part 5: Statement and Signature of Person Who Prepared Forms (if Applicable) 

If somebody else prepared your forms on your behalf, they must sign and date this part of the form. If they have a business, they have to provide business information as well. If your interpreter was also your preparer then they will fill both Part 4 and Part 5 of the form. If a lawyer prepared your forms for you, they’ll have to submit a signed Form G-28 in addition to your I-765 package.

Form I-765 Part 6: Additional Information 

This provides extra space for you to include any additional information or expand on an answer you provided. If you need more than one page, you can make photocopies of Part 6 only and use them. You’ll have to write your Page Number, Part Number, and Item Number at the top of every extra page you use, and then sign and date each page.

How Much Does It Cost To File Form I-765?

When you file Form I-765, you must also pay a $410 government processing fee to U.S. Citizenship and Immigration Services (USCIS). You may have to pay an additional $85 biometric fee if you’re applying for a work permit based on any of the following:

A pending asylum application

A Deferred Action for Childhood Arrivals (DACA) application 

An approved employment-based visa

A Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status application

Outside of these categories, you’ll only pay the $410 fee to USCIS. Only DACA applicants — both initial and renewal applicants — and CNMI long-term resident applicants do not qualify for fee waivers for any of their fees. All other Form I-765 applicants are welcome to apply for fee waivers . If your application doesn’t qualify for a waiver, you may find our tips for affording USCIS filing fees helpful.

If your application is going to a USCIS service center, you can pay with a money order, personal check, or cashier’s check. If you’ll be mailing your application to a USCIS lockbox, you’re also welcome to pay with a credit card . All checks must be payable to “U.S. Department of Homeland Security” (not to “DHS” or “USDHS”) and must be in the exact amount that you have to pay. 

If you’re confused about how much you should pay, you can use the USCIS fee calculator to find out. To pay by credit card, you must attach a completed and signed Form G-1450 to your application. Without this form, USCIS will not process your credit card payment.

Do You Need To Include Any Supporting Documents With Form I-765?

Yes, you’ll need to include some supporting documents with Form I-765 when you file it with USCIS. The documents you need will depend on the work permit eligibility category you’re applying under. The USCIS website has a full, comprehensive list of the specific documents they want from you based on your eligibility category. 

For example, F-1 students will need to provide evidence of full-time enrollment, their Form I-20, SEVIS ID number, and OPT authorization. Those submitting a STEM OPT application extension will also have to provide some e-Verify information about their employers. And marriage green card applicants may need to provide birth certificates and marriage certificates. 

Required Supporting Documents for Form I-765

All applicants must submit these documents:

Two recent passport-sized photographs

A photocopy of your most recent EAD card if you have or ever had one*

A photocopy of your I-94 record (front and back) or a copy of your passport or travel document

*If you are, for example, an international student applying for post-completion OPT. If you never received an EAD, you should include a photocopy of a government-issued identity document.

You’ll mail this to USCIS together with the other documents specific to your case. Remember not to send in any original documents. You will not get them back and the U.S. government will not be liable for any missing documents. It’s important to make copies of your entire application package, including Form I-765, the filing fees, and the supporting documents for your personal records. You may need to refer to them in the future.

Continue reading and learning!

uscis form i 765

USCIS Form I-765: Everything You Need to Know

The USCIS I-765 form, also known as the Application for Employment Authorization, is a critical document for non-U.S. citizens who are seeking to work in the United States. This form allows individuals to apply for a work permit, which is essential for them to legally work in the U.S. for a specified period. Filling out the I-765 form can be a daunting task, and mistakes can lead to delays or even denials of the application. Therefore, it's essential to understand the purpose of the form, the eligibility requirements, and the correct way to fill it out. In this article, we will provide you with all the necessary information you need to know about the USCIS I-765 form.

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Understanding the I-765 Form

i-765 form

What is the I-765 form?

The I-765 form is a form used by certain foreign nationals who are temporarily residing in the United States to request permission to work. This form is used to apply for an Employment Authorization Document (EAD), which is a card that proves the individual's right to work in the United States.

What is the purpose of the I-765 form?

The purpose of Form I-765 is to request permission to work legally in the United States for foreign nationals who are temporarily in the country, typically while they are in the process of adjusting their immigration status. The form is used to apply for an Employment Authorization Document (EAD) , which allows eligible individuals to work legally in the United States while they are waiting for a decision on their immigration status.

The EAD is a document that proves that an individual is authorized to work in the United States for a specific period of time, usually one year. The EAD is commonly used by individuals who are in the process of adjusting their immigration status, such as those who have applied for asylum, have a pending family-based or employment-based immigration petition, or are in certain other categories of temporary visa holders.

How Much Is The Fee For I-765?

The filing fee for I-765 form is $410. However, the fee may be waived in certain circumstances, such as if the applicant is receiving a means-tested benefit or is experiencing financial hardship.

The filing fee for I-765 varies depending on the eligibility category of the applicant. The following fees apply:

For first-time applicants who fall under any of the following categories - Refugee, paroled as a refugee, asylee, N-8 or N-9 nonimmigrant, citizen of Micronesia, the Marshall Islands, or Palau, or granted withholding of Deportation - there is no need to pay a filing fee. To learn more about the categories which do not have to pay a filing fee, you can check out USCIS website. $410 for most applicants. Additionally, some applicants may also be required to pay a biometric services fee of $85, which covers the cost of fingerprinting and background checks. It's important to note that USCIS fees are subject to change and applicants should check the USCIS website or consult with an immigration attorney or accredited representative for the most up-to-date fee information.

Eligibility And Application Process For I-765

Who may file form i-765.

Form I-765 is used to apply for an Employment Authorization Document (EAD), which allows individuals to legally work in the United States. Here are the eligibility categories for Form I-765:

1- Individuals who have applied for asylum and are awaiting a decision.

2- Spouses and unmarried children of E-1 and E-2 visa holders.

3- Individuals who have applied for Adjustment of Status based on a family relationship with a US citizen or lawful permanent resident and are awaiting a decision.

4- Individuals who have applied for Adjustment of Status based on employment and are awaiting a decision.

5- Australian specialty occupation workers with a valid E-3 visa .

6- Temporary workers with a valid H-1B visa in specialty occupations.

7- Intracompany transferees with a valid L-1 visa .

8- Fiancée(s) of US citizens with a valid K-1 visa .

9- Individuals who have applied for asylum and are awaiting a decision.

10- Individuals who have applied for Adjustment of Status (AOS) or Temporary Protected Status (TPS) and are awaiting a decision.

11- Spouses or children of lawful permanent residents who have a valid V visa and whose spouse/parent is the primary beneficiary of a Form I-130 that has been approved.

12- Beneficiaries of approved employment-based immigrant visa petitions who face compelling circumstances.

It's important to note that eligibility requirements may vary depending on the specific category, and not all applicants in these categories may be eligible for an EAD. You can find more information on the USCIS website or by consulting with an immigration attorney or qualified legal professional.

How To Fill I 765 Form?

The process for filing the I-765 form varies depending on the category of the applicant. In general, applicants must submit the following documents along with the I-765 form:

Evidence of eligibility: Applicants must provide documentation to prove that they are eligible to file the I-765 form.

Application fee: Applicants must pay a fee to file the I-765 form, unless they qualify for a fee waiver.

Supporting documents: Applicants may need to submit additional supporting documents, depending on the category of the applicant.

Once the application has been submitted, the United States Citizenship and Immigration Services (USCIS) will review the application and make a decision on whether to approve or deny the application. You should be aware that USCIS evaluates only documents that are written in English. That is, if your documents are written in another language, they will need to be translated. Regarding translation of your documents, you can check out our article. We should remind that When submitting an initial or renewal application as the spouse of a principal beneficiary of an approved Form I-140 , you must include a copy of your marriage certificate. If applicable, also provide copies of documents that demonstrate the legal termination of any previous marriages by you or your spouse.

What Supporting Documents Do I Need For I 765?

Proof of Eligibility: Documents proving your eligibility (for example, approval notices and Form I-94).

Passport Photos: Recent passport-sized photos that meet USCIS requirements.

Fee Payment Evidence: Confirmation of application fee payment or proof of fee waiver eligibility.

Biometric Services Fee: Payment proof if required.

Additional Documents: Depending on your category (for example, marriage certificate, employment-related documents).

Translations: Certified translations for documents not in English.

Always refer to the specific instructions for your eligibility category provided by USCIS to ensure you include all necessary documents with your application.

How to translate the required documents for I-765?

You can use the following steps to translate the required documents that are needed for the I-765 form.

Communicate with a professional translation provider: It is critical to get a correct certified translation . Because of that, to ensure accuracy, legal compliance, and timeliness in the US immigration process, a professional translation provider is required for the translation of the I-765 form.

Obtain a certified translation: Once you have the translated documents, make sure the translator has certified them. This means that the translator has attested to the translation's accuracy.

It is important to note that any document not written in English must be accompanied by a certified translation. Failure to provide a certified translation may cause your immigration application to be delayed or even denied.

Where to file form I-765 and where to send the I-765 application?

The filing location for Form I-765 is determined by the eligibility category for which you apply. On the USCIS website, go to the "Direct Filing Addresses for Form I-765, Application for Employment Authorization" page to find the correct filing location for your specific category. In most cases, you will submit your completed application package, including Form I-765 and any required supporting documents, to the USCIS lockbox facility in your area. On the USCIS website, under the "Direct Filing Addresses for Form I-765, Application for Employment Authorization" page, you can also find the correct mailing address for your specific eligibility category. It's important to note that USCIS may periodically update its filing instructions, so make sure to check the USCIS website for the most up-to-date information before submitting your application.

Processing, Approval, and Denial

i-765 form

How Long Does It Take To Get I 765 Approved?

The processing time for Form I-765, varies depending on the USCIS Service Center processing the application, the eligibility category of the applicant, and the volume of applications being processed. USCIS provides estimated processing times for each Service Center on its website, which can be helpful for applicants to get an idea of how long it may take to receive a decision. The estimated processing time for Form I-765 is between 2 and 7 months.

It's important to note that USCIS processing times are subject to change and can be affected by a variety of factors. Applicants can check the USCIS website for current processing times, or contact USCIS for an update on their application status if it has been pending for longer than the estimated processing time.

What Happens After I-765 Is Approved?

After USCIS (United States Citizenship and Immigration Services) approves your Form I-765, Application for Employment Authorization, several things usually happen:

Receipt of Approval Notice: The USCIS will send you a Form I-765 approval notice. This notification confirms that your work authorization application was approved.

Production of Employment Authorization Document (EAD): If your application is accepted, USCIS will issue you an Employment Authorization Document (EAD). This card is official proof that you are permitted to work in the United States for a specific period of time. The physical EAD card will be mailed to the address on your Form I-765.

Validity Period: The validity period of the EAD will be specified. You are authorized to work legally in the United States during the dates specified on your EAD.

Job Search or Employment: You can legally seek employment or work for an employer in the United States if you have a valid EAD. When your employer requests it, make sure you have a valid EAD.

Renewal Consideration: If your work authorization has a limited duration, you may need to apply for a renewal before it expires in order to continue working legally in the United States. Renewals frequently necessitate the submission of a new Form I-765.

Remember that the specifics of your situation, as well as the immigration category under which you applied for work authorization, can have an impact on the process and any additional steps required. To maintain legal work status, you must follow USCIS guidelines and keep track of the expiration date of your EAD.

Why Is My I 765 Taking So Long?

The processing time for Form I-765, like other immigration forms, can vary greatly depending on several factors, including:

Volume of Applications: Because USCIS receives a large number of applications, processing times can be delayed. Due to the large number of applications received, there is sometimes a backlog.

Case Complexity: If your case requires additional review or has complexities such as missing documents, discrepancies, or issues that require additional investigation, it may take longer to process.

Policy Changes or Updates: Changes in Immigration Policies, Procedures, or Regulations: Changes in immigration policies, procedures, or regulations can have an impact on processing times. Policy changes can sometimes introduce new steps or requirements, resulting in delays as USCIS adjusts to these changes.

Biometrics Appointment: If biometrics (such as fingerprints, photographs, or signatures) are required, appointments may be delayed due to scheduling, processing, or unforeseen issues.

Requests for Evidence (RFEs) or Clarifications: Responding to a request for additional information or documentation (RFE) from USCIS may cause the processing time to be extended.

Service Center Processing Times: Workloads and processing times may differ between USCIS service centers. Your application may be processed at a facility with higher volumes or longer processing times.

What happens if my I-765 form is denied?

If your Form I-765 is denied, you may be unable to work legally in the United States, depending on your immigration status and eligibility for employment authorization. If your Form I-765 is denied, USCIS will provide a written explanation for the denial and the reason for the decision. In some cases, USCIS may provide instructions on how to file a motion to reopen or reconsider the decision or how to file an appeal.

If you believe that the denial of your Form I-765 was in error, you may be able to file a motion to reopen, reconsider, or appeal. It's important to carefully review the reasons for the denial and consult with an immigration attorney or accredited representative to determine if filing a motion or appeal is appropriate and what the likelihood of success may be. If you are unable to work legally in the United States due to a denial of your Form I-765, it's important to take immediate steps to address your status, such as seeking a different type of work authorization or adjusting your immigration status if possible.

Why Was My I-765 Denied?

If your USCIS case status online reads "Case Was Denied," it means that US Citizenship and Immigration Services (USCIS) has received and reviewed your Form I-765 application for a work permit and decided not to grant it. In the event that your application is rejected, USCIS will give you a notice outlining the grounds for the rejection.

What happens after I file the I-765 form?

After filing Form I-765, the following generally happens:

1. USCIS receives your application and assigns a receipt number.

2. USCIS sends a receipt notice to you that confirms receipt of your application, including the receipt number and information on how to check your application status online.

3. USCIS may send a request for evidence (RFE) or notice of intent to deny (NOID) if additional information or documentation is needed to process your application.

4. USCIS may request that you attend a biometrics appointment to provide fingerprints, photographs, and a signature.

5. USCIS adjudicates your application and either approves or denies your request for employment authorization.

6. If approved, USCIS issues an Employment Authorization Document (EAD) that provides authorization to work in the United States for a specified period of time.

It's important to note that USCIS processing times can vary and may take several months to receive a decision on your application. It's recommended to regularly check the status of your application online and to contact USCIS if your application has been pending for longer than the estimated processing time for your category of eligibility.

Online Filing and Post-Approval Guidance

i-765 form

Can I file the I-765 form online?

Yes, filing I-765 online is possible. However, not all applicants are eligible to use ELIS to file Form I-765. There is an answer for who can file I-765 online. Currently, the following categories of applicants can file Form I-765 online:

Individuals who have been granted Temporary Protected Status (TPS)

F-1 students who are completing pre- or post-graduation Optional Practical Training (OPT), or who have received a 24-month extension for STEM-related studies.

Asylum seekers who have been waiting for a decision on their application for at least 150 day.

Individuals who have been granted parole for urgent humanitarian or public benefit reasons

Certain pending TPS applicants who are determined to be eligible for TPS can also receive an EAD.

Individuals who are seeking employment authorization while their asylum and removal cases are pending, including those covered by the ABC Settlement Agreement, are now able to submit Form I-765 electronically. You can learn more about this question on the I-765 instructions.

How to file form i-765 online?

If you are eligible to file Form I-765 online, you can create an account on USCIS's website and follow the form I-765 instructions to complete and submit your application. You won’t need to pay the cost to create your account. In order to file I-765, you must first visit the page. The USCIS online account provides several functionalities, such as a secure inbox to directly communicate with USCIS regarding your application. If you have previously submitted a USCIS form online, you can use your existing account to access these features.

It's important to note that not all categories of Form I-765 applicants are currently eligible to file online, and USCIS may update its policies and procedures regarding electronic filing in the future. It's recommended to check the USCIS website or consult with an immigration attorney or accredited representative for the most up-to-date information on filing options.

Can I travel while my I-765 is pending?

You may be able to travel outside the United States if you have filed Form I-765 and your application is pending. However, it is essential that you comprehend the risks and limitations of traveling while your application is pending. If you filed Form I-765 along with an application for Adjustment of Status (Form I-485) , you may be able to travel outside the United States while your application is pending if you also filed Form I-131 (Application for Travel Document) and your Advance Parole application was approved. While your Adjustment of Status application is pending, Advance Parole allows you to leave the country and return without abandoning your application.

You may be able to travel outside the United States if you filed Form I-765 separately from an application for Adjustment of Status, but it may have an impact on your application. If you leave the United States while your application is pending, USCIS may consider it abandoned, unless you have also been granted Advance Parole.

Before traveling outside the United States while your Form I-765 is pending, you should consult with an immigration attorney or qualified legal professional. They can assist you in understanding the potential risks and limitations of traveling, as well as ensuring that you have the necessary documentation to travel to and re-enter the United States.

Do I Need I-765 If I Have H1B?

Holders of H-1B visas have the option to apply for Employment Authorization while their application for an adjustment of status is pending. The Employment Authorization granted through Form I-765 is not tied to a particular job, unlike the H-1B Visa. In plainer terms, it is unrelated to a particular employer or job.

Can I Work While My I-765 Is Pending?

It is dependent on the specific category for which you have applied for work authorization using Form I-765 and whether you meet certain USCIS criteria.

Individuals with a pending Form I-765 can often work legally in the United States if they have already been granted work authorization under certain visa categories or programs that allow for employment while a renewal or extension application is pending.

Here are some scenarios in which you may be permitted to work while your Form I-765 is being processed:

Automatic Extension of Employment Authorization: Certain types of employment authorization are automatically extended. If you have timely filed an application to renew your employment authorization in a category that allows for automatic extensions, you may be able to work for a limited time while your renewal application is being processed. Some DACA (Deferred Action for Childhood Arrivals) and Temporary Protected Status (TPS) applications exhibit this behavior.

Eligibility Based on Visa Category: If you are in the United States on a visa that allows you to work, you may be able to continue working while your Form I-765 is being processed, as long as you meet the criteria for that visa category.

Employment Authorization Document (EAD) Validity: If you have an unexpired Employment Authorization Document (EAD) and timely filed a renewal application before your current EAD expired, you may be eligible for up to 180 days of continued work authorization while your renewal application is pending.

Always double-check your situation and the category for which you've applied for work authorization. It's critical to follow the conditions outlined by USCIS and avoid engaging in unauthorized work, which could jeopardize your immigration status.

Consultation with an immigration attorney or accredited representative would be beneficial to ensure you are in compliance with immigration regulations and eligible to work while your Form I-765 is pending.

Can I File I-130 I-485 And I-765 Together?

Filing multiple forms at the same time, such as the I-130, I-485, and I-765, can potentially streamline the overall process. USCIS intends to process these applications concurrently, which will allow for a more efficient review of your case. In some cases, filing the forms concurrently may result in a shorter overall processing time than filing the forms separately at different times.

However, depending on a variety of factors such as the complexity of your case, USCIS workload, policy changes, and individual circumstances, processing times can still vary significantly. Even though filing concurrently can be advantageous, it does not always result in an expedited or shorter processing time.

While the concurrent filing method aims to streamline the process, the actual processing time for each form (I-130, I-485, and I-765) can still vary. For example, the processing time for Form I-765 (work authorization) may differ from that of Form I-485 (adjustment of status).

Monitor USCIS updates on a regular basis, as processing times and procedures can change. Additionally, to avoid potential delays or complications in the processing of your applications, ensure that all forms are filled out accurately and completely, with all necessary supporting documents included.

Overall, the I-765 form is an important tool for foreign nationals who wish to work in the United States. If you are considering filing the I-765 form, it is important to carefully review the eligibility requirements and follow the form I-765 instructions for submitting the application.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”

DUYGU KIBAR

Published on Dec 6, 2023

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  2. Application for Employment Authorization

    Certain noncitizens who are in the United States may file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply for an EAD that shows such authorization.

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  6. PDF Form I-765, Instructions for Application for Employment Authorization

    Certain foreign nationals who are in the United States may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD).

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    Important Information About Form I-765, Application for Employment Authorization. Please note that for Form I-765 category (c) (8), based on a pending asylum application, the processing timeframes listed apply to an initial and renewal filings. Please note that the adjudication of Form I-765 category (c) (33) filed with Form I-821D, requesting ...

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    Check Case Status. Use this tool to track the status of an immigration application, petition, or request. The receipt number is a unique 13-character identifier that consists of three letters and 10 numbers. Omit dashes ("-") when entering a receipt number. However, you can include all other characters, including asterisks ("*"), if they are ...

  10. Form I-765: Application for Employment Authorization, Explained

    Form I-765, (officially called "Application for Employment Authorization"), is an application used by foreign nationals to obtain employment authorization in the U.S. If you plan on working while waiting for your green card approval, you'll need to apply for a work permit by filing Form I-765. With a permit (also called an Employment ...

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  13. Work permit for immigrants in the US: What you need to know

    Feb 23, 2024 - 00:34CET. The Employment Authorization Document (EAD), also known as Form I-766, is a crucial document issued by the United States Citizenship and Immigration Services (USCIS) that allows individuals to work legally within the United States for a specified period. It serves as proof to employers that the holder is authorized to ...

  14. Form I-765 EAD Step by Step Guide

    You will need the following documents in order to submit I-765: Your application with the filing fee. If you are mailing your application to USCIS, you must also submit the following documentation, according to USCIS: A copy of Form I-94, Arrival-Departure Record (front and back), if available. If you are filing Form I-765 under the (c) (9 ...

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  17. I-765: Application for Employment Authorization

    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.

  18. I-765: Full Guide to Apply For Employment Authorization

    Form I-765, also known as the "Application for Employment Authorization", is simply a form you can file to request authorization to work legally in the US. If you're granted authorization, then you'll receive an Employment Authorization Document (EAD) which is evidence of your legal right to work in the US.¹.

  19. What Is Form I-765: Application for Employment Authorization?

    Form I-765 is officially called the Application for Employment Authorization. U.S. Citizenship and Immigration Services (USCIS) uses this form to collect information from people applying for work authorization to assess whether or not they are eligible for a work permit. A work permit is formally called an Employment Authorization Document or ...

  20. USCIS Form I-765

    Form I-765 is used to apply for an Employment Authorization Document (EAD), which allows individuals to legally work in the United States. Here are the eligibility categories for Form I-765: 1- Individuals who have applied for asylum and are awaiting a decision. 2- Spouses and unmarried children of E-1 and E-2 visa holders.

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    Eligibility Category. Refer to the Who May File Form I-765 section of the Form I-765 Instructions to determine the appropriate eligibility category for this application. Enter the appropriate letter and number for your eligibility category below (for example, (a) (8), (c) (17) (iii)). 19.a. City/Town/Village of Birth ( 28. 19.b.

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  23. PolicyNet/Instructions Updates/EM-22038 REV 2: Enumeration: Employment

    These individuals can work in the United States prior to the approval of their Form I-765 (Application for Employment Authorization). On June 8, 2023, USCIS announced that certain Afghan parolees whose unexpired Form I-94 (Arrival/Departure Record) contains a COA of "PAR" and indicates Afghanistan as the country of citizenship on the ...

  24. Completing an Unprecedented 10 Million Immigration Cases in ...

    New USCIS data show progress on customer experience, employment-based immigration, naturalization, and humanitarian work. WASHINGTON— Today U.S. Citizenship and Immigration Services (USCIS) is releasing end of fiscal year (FY) 2023 data that illustrate the agency's progress in meeting its strategic priorities.The USCIS workforce has worked tirelessly over the past year to uphold America ...