USCIS Form I-765: Everything You Need to Know

The USCIS I-765 form, officially known as the Application for Employment Authorization, is a crucial document for certain non-U.S. citizens seeking legal employment in the United States. This form enables eligible individuals to apply for an Employment Authorization Document (EAD), allowing them to work lawfully for a specified period. The EAD serves as evidence of their right to work, either as part of their immigration status or after obtaining USCIS approval.

Completing the I-765 form accurately is essential, as errors or missing information can result in processing delays, rejections, or denials. USCIS requires applicants to submit the correct supporting documentation and ensure their eligibility under the applicable category—such as asylum seekers, refugees, students under Optional Practical Training (OPT), or spouses of certain nonimmigrant workers.

Given the complexity of eligibility categories and specific documentation requirements, understanding the form's purpose and following the instructions carefully is crucial. In this guide, we provide key information based on USCIS instructions to help you navigate the process successfully and avoid common pitfalls.

Understanding the I-765 Form

What is the I-765 form?

The I-765 form, officially known as the Application for Employment Authorization, is used by certain non-U.S. citizens who are temporarily residing in the United States to request permission to work. This form allows individuals to apply for an Employment Authorization Document (EAD), which serves as evidence of their authorization to work legally in the U.S.

What is the purpose of the I-765 form?

The primary purpose of Form I-765 is to enable eligible foreign nationals to apply for an Employment Authorization Document (EAD) while they are in the U.S., either awaiting a decision on their immigration status or authorized to work under certain immigration categories. The EAD is essential for those seeking temporary permission to work legally and demonstrates their eligibility to engage in employment.

The EAD is issued to qualifying individuals for a specific period, typically one year, although the length may vary depending on the individual's immigration status. This document is used by applicants in a variety of categories, including:

• Asylum seekers with pending applications

• Refugees and those granted asylum status

• Temporary visa holders such as F-1 students under Optional Practical Training (OPT)

• Spouses of nonimmigrant workers like H-1B visa holders (H-4 dependents)

In addition, individuals with pending adjustment of status applications (such as those applying for permanent residency) often apply for an EAD to maintain legal work status during the processing period. Proper submission of Form I-765, along with the required documentation and fees, is necessary to avoid delays or rejection

How Much Is The Fee For I-765?

The paper filing fee for I-765 form is $520, while online filing fee is $470. 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.

It is important to check the most current fee information on the USCIS website or consult with an immigration attorney, as fees and eligibility criteria for waivers are subject to change.

Eligibility And Application Process For I-765

Who May File Form I-765?

According to the I-765 form instructions, the following categories of individuals may file Form I-765 to request employment authorization:

1. Asylee/Refugee Categories (and their Spouses and Children)

• Refugee (a)(3): Refugees can file if an initial EAD wasn’t issued upon their arrival or if they are requesting renewal.

• Paroled as a Refugee (a)(4): Parolees under humanitarian programs (e.g., Cuban or Haitian Family Reunification) must apply with relevant documentation.

• Asylees (a)(5): Granted asylum applicants may apply with asylum approval documentation.

• Granted Withholding of Deportation or Removal (a)(10): Individuals with a court order granting withholding of removal can apply.

• Pending Asylum Applicants (c)(8): Individuals with pending asylum applications or awaiting a decision following a positive credible fear determination are eligible.

2. Temporary Protected Status (TPS) Holders

• TPS Beneficiaries (a)(12): Those granted TPS can apply for initial or renewed EADs.

• Pending TPS Applicants (c)(19): Individuals awaiting a TPS decision may request employment authorization.

3. Family-Based Categories

• K-1/K-2 Fiancé(e) and Dependent (a)(6): Applicants admitted on K visas for marriage to U.S. citizens can request employment authorization for the duration of their status.

• K-3/K-4 Spouse and Dependent (a)(9): Spouses of U.S. citizens and their dependents with K visas may apply.

4. Foreign Students and Exchange Visitors

• F-1 Students with OPT or Severe Economic Hardship (c)(3): F-1 visa holders can apply for employment authorization during Optional Practical Training (OPT) or off-campus work due to unforeseen economic hardship.

• J-2 Spouse or Child (c)(5): Dependents of J-1 visa holders can apply for work authorization if the income will not support the principal J-1 holder.

• M-1 Students (c)(6): M-1 students may apply for post-completion practical training.

5. Spouses of Nonimmigrant Workers

• H-4 Spouses (c)(26): Spouses of H-1B visa holders may apply if the principal worker has an approved I-140 or meets specific American Competitiveness Act criteria.

• E and L Visa Spouses (a)(17), (a)(18): Spouses of E-1, E-2, E-3, or L-1 visa holders are eligible to file.

6. Employment-Based Categories

• B-1 Domestic Workers (c)(17): Domestic workers employed by U.S. citizens or nonimmigrants can apply with proof of employment relationship.

• Individuals with Approved I-140 Petitions Facing Compelling Circumstances (c)(35): If certain conditions are met, these individuals can apply for temporary employment authorization.

7. Other Humanitarian Categories

• DACA Applicants (c)(33): Deferred Action for Childhood Arrivals (DACA) recipients may apply.

• VAWA Self-Petitioners (c)(31): Applicants under the Violence Against Women Act (VAWA) are eligible for work authorization.

These eligibility categories represent a broad range of immigration situations, from students and spouses of temporary workers to those waiting for asylum or adjustment of status. Applicants must file under the correct eligibility category, provide appropriate supporting documentation, and follow all filing instructions to avoid rejection or delay.

How To Fill I 765 Form?

The process for filing Form I-765, Application for Employment Authorization, requires applicants to submit specific documents based on their eligibility category. At a minimum, all applicants must provide evidence of eligibility, such as proof of their immigration status or relationship to a principal beneficiary. For instance, spouses of approved Form I-140 beneficiaries must submit a marriage certificate and, if applicable, documents showing the termination of any prior marriages.

Applicants must also pay the required filing fee unless they qualify for a fee waiver. Supporting documentation varies by category but often includes a Form I-94, passport, or previous EAD card, along with two recent passport-style photos. Incomplete applications or missing documents can result in delays or denials, so careful attention to detail is essential. Additionally, if any documents are in a foreign language, a certified English translation must be provided to meet USCIS requirements.

Applicants can request a Social Security number (SSN) and card when filing Form I-765. By completing Part 2, Items 13.a. to 17.b., they can request an SSN directly through the form, eliminating the need for a separate application with the SSA. If approved, the SSA will issue the SSN and mail the card to the address provided on the form, simplifying the process for new applicants.

After submission, USCIS will review the application and may request biometric information or an interview to verify identity. Providing accurate and complete information is crucial to avoid delays, ensuring that the EAD and SSN, if requested, are issued promptly.

What Supporting Documents Do I Need For I 765?

The specific supporting documents required for Form I-765 vary based on the applicant's eligibility category. However, the following are the general documents most applicants must provide, according to the official instructions:

Proof of Identity and Eligibility

• Form I-94, Arrival-Departure Record (front and back) or a printout from the CBP website.

• Passport or other travel documents showing your picture, name, and date of birth.

• A copy of the previous EAD (if applying for a replacement or renewal).

• Government-issued identity documents (e.g., national ID card, visa, or birth certificate with a photo ID) if no previous EAD exists.

Passport-Style Photos

• Two identical passport-style photos taken recently.

• The photos must be 2x2 inches, with a full-face view, printed on glossy photo paper, and taken against a white or off-white background.

• Write your name and A-Number (if applicable) lightly on the back of each photo with a pencil or felt pen.

Filing Fee (if applicable)

• Include the correct filing fee as listed in Form G-1055, unless exempt or eligible for a fee waiver.

• Some categories, such as certain asylum applicants or DACA recipients, may not need to pay a fee.

Category-Specific Documentation

• Spouses of I-140 beneficiaries (c)(26): Provide marriage certificates and, if applicable, proof of termination of prior marriages.

• F-1 students applying for OPT (c)(3)(B): Submit an I-20 form endorsed by the Designated School Official (DSO) within the last 30 days.

• Asylum seekers (c)(8): Provide evidence of a pending Form I-589 or proof of a credible fear determination.

Translations

If any supporting documents are in a foreign language, include certified English translations. The translator must certify that the translation is complete and accurate and that they are competent to translate the document.

Requesting a Social Security Number (SSN)

If you wish to apply for an SSN and card along with your EAD, complete Part 2, Items 13.a. to 17.b. of Form I-765. Ensure the information provided is accurate to avoid delays in processing.

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?

Once Form I-765 is approved by the United States Citizenship and Immigration Services (USCIS), the applicant will receive their Employment Authorization Document (EAD), which serves as proof of their legal right to work in the United States for a specific period.

EAD Issuance and Delivery

• Production of the EAD typically occurs within two weeks of the approval.

• The EAD card will be mailed via U.S. Postal Service (USPS) Priority Mail to the address provided on the I-765 form.

• It is essential that the applicant ensures their mailing address is up to date with both USCIS and USPS to avoid delivery issues.

Tracking Delivery

• Applicants can use Case Status Online on the USCIS website to track the status of their EAD delivery and obtain their USPS tracking number.

• If the EAD is not received within 30 days of the approval notice, applicants should file an inquiry using e-Request – Self Service Tools on the USCIS website.

Working with the EAD

• The EAD card must be presented to employers as proof of employment authorization.

• The card will specify the validity period, which varies based on the applicant's category (e.g., one year or more).

Social Security Number (SSN) Processing (if requested)

• If the applicant requested a Social Security Number (SSN) and card during the I-765 application, the Social Security Administration (SSA) will mail the SSN card to the same address provided on the form.

• This eliminates the need to file a separate SSN application with the SSA.

Address Changes

If the applicant changes their address after submitting the I-765 form, it is crucial to notify USCIS within 10 days of moving to prevent delays or lost documents.

Next Steps After Approval

• Employment authorization is valid for the specified period listed on the EAD. The applicant must renew the EAD if they wish to continue working beyond the expiration date by filing another Form I-765 before the current card expires.

• In case the EAD contains an error due to USCIS’s mistake, applicants can request a replacement by following the instructions on the Direct Filing Addresses for Form I-765 webpage.

By keeping track of the delivery and validity of the EAD and addressing any issues promptly, applicants can ensure smooth employment authorization

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 Form I-765 is denied, the applicant will receive a written notice from USCIS explaining the reasons for the denial. Common causes for denial include incomplete applications, incorrect filing fees, submission under the wrong eligibility category, or missing required documentation. The denial means the applicant will not receive an Employment Authorization Document (EAD) and will not be authorized to work legally in the U.S.

While Form I-765 denials cannot be appealed, applicants may have the option to file a motion to reopen or reconsider if they can provide new evidence or demonstrate that the denial was based on a misunderstanding or error. A motion to reopen must include additional information that supports the applicant’s eligibility, while a motion to reconsider must argue that the initial decision was incorrect based on the evidence previously submitted.

If reapplying, applicants must submit a new Form I-765 along with the correct filing fee and all required supporting documents. It is crucial to review the denial notice carefully to understand and correct any errors made in the initial submission. Ensuring all information is complete and accurate is essential to avoid further delays or rejection.

Since a denied application prevents the applicant from working legally, addressing the issues promptly is important. Applicants are advised to ensure that they select the correct eligibility category, provide necessary documents, and meet all requirements outlined by USCIS when resubmitting their form.

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, Form I-765, Application for Employment Authorization, can be filed online for certain categories. According to the USCIS instructions, eligible applicants may submit their I-765 form through the USCIS online portal if their category supports online filing. Filing online offers the benefit of faster processing, immediate confirmation of receipt, and the ability to track the application status directly through the USCIS account.

To file the form online, applicants must:

• Create a USCIS account on the official website (if they don't already have one).

• Select the appropriate eligibility category from the list provided during the online filing process.

• Upload the required supporting documents in digital format.

• Pay the filing fee online, unless they are exempt or eligible for a fee waiver.

It’s important to confirm whether the specific eligibility category qualifies for online filing, as not all categories are eligible. The latest information regarding eligibility for online submission can be found on the USCIS Form I-765 webpage.

For those categories that do not support online filing, applicants must submit a paper form by mailing it to the appropriate USCIS filing address. In both cases, accurate submission of required documentation is essential to avoid delays or rejections.

How to file form i-765 online?

To file Form I-765, Application for Employment Authorization, online, applicants must first create a USCIS online account. This account allows users to submit forms, upload supporting documents, track case status, and receive notifications about their application. Once logged in, the applicant should select Form I-765 from the list of available forms and ensure that their eligibility category is eligible for online submission. Not all categories are supported online, so if the applicant’s category is unavailable, they will need to file a paper application.

After selecting the correct eligibility category, the applicant must complete the form by providing personal information, such as their name, address, and immigration status. It’s essential to fill out every section accurately to avoid delays. Applicants will also need to upload digital copies of supporting documents, including identity documents, travel records (e.g., Form I-94), or prior EADs. If any documents are in a foreign language, a certified English translation must be submitted.

Applicants can also request a Social Security Number (SSN) through the online I-765 form by completing the relevant sections. This eliminates the need to apply separately with the Social Security Administration (SSA). After reviewing the form for accuracy, applicants must pay the filing fee or submit a fee waiver request, if eligible. Payment can be made online using a credit card, debit card, or bank transfer.

Once submitted, applicants will receive immediate confirmation with a receipt number, which allows them to track their case status through the USCIS online portal. If biometrics are required, USCIS will notify the applicant to schedule an appointment. Approved applicants will receive their Employment Authorization Document (EAD) by mail, and if requested, the SSA will issue the SSN and mail the card to the address provided.

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?

Traveling while your I-765 is pending can be risky depending on your specific immigration status.

If you are applying for an EAD based on Adjustment of Status (AOS) and leave the U.S. without obtaining Advance Parole (Form I-131), your AOS application, along with the I-765, could be considered abandoned. For other visa holders, such as F-1 students on OPT or H-4 dependents, traveling may be allowed as long as they maintain their underlying immigration status and meet re-entry requirements. However, even in such cases, travel could introduce complications, so it is recommended to consult an immigration attorney or advisor before departing the U.S.

Lastly, if the I-765 application is approved while you are abroad, the EAD card will be mailed to the address on file. Having the EAD alone will not guarantee re-entry; you must still have valid immigration documents such as a visa or travel authorization appropriate for your status to re-enter the U.S.

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?

If you are in the U.S. on an H-1B Visa, you do not need to file Form I-765 to work legally. The H-1B visa already provides employment authorization tied to a specific employer and job role, allowing you to work in the U.S. as long as you maintain your H-1B status.

However, H-4 dependents, such as the spouse of an H-1B holder, may need to file Form I-765 to request an Employment Authorization Document (EAD). To qualify, the H-1B spouse must either be the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or must have received an extension of H-1B status under the American Competitiveness in the Twenty-First Century Act (AC21). The H-4 spouse can submit the I-765 with supporting documents, including proof of marriage and immigration status, to obtain work authorization.

Can I Work While My I-765 Is Pending?

According to the provided I-765 instructions, applicants cannot begin working until their Form I-765 is approved and they receive their Employment Authorization Document (EAD). The EAD serves as official proof of the applicant’s legal right to work in the U.S. Depending on the eligibility category, applicants must wait until USCIS issues the EAD before starting employment.

For certain categories, such as asylum seekers, a delay in receiving the EAD can prevent them from working, even if their asylum application is pending. USCIS emphasizes that employment without valid authorization is not allowed during the pending period, as the EAD must be issued before any work activity can commence.

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

Yes, you can file Forms I-130, I-485, and I-765 together, depending on your situation. Specifically, Form I-485 (Application to Register Permanent Residence or Adjust Status) can be filed along with Form I-765 (Application for Employment Authorization) to request an Employment Authorization Document (EAD) while waiting for the green card application to be processed.

If you are a beneficiary of Form I-130 (Petition for Alien Relative) and are eligible to adjust your status, you may submit all three forms—I-130, I-485, and I-765—simultaneously. This concurrent filing allows applicants to obtain employment authorization while their green card application is pending, streamlining the process. In addition to Form I-765, applicants may also include Form I-131 to request Advance Parole for travel outside the U.S. while waiting for their status adjustment​.

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.”