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.

Understanding the 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

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

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.

FAQ

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.”