What is the purpose of form I-765 Application for Employment Authorization?
The purpose of form I-765 Application for Employment Authorization is to request an Employment Authorization Document also known as an EAD. The EAD is a document that authorizes an alien to work in the U.S.A…
Who should file Form I-765 Application for Employment Authorization ?
Aliens who are temporarily in the United States and wish to work should file Form I-765 to gain authorization. There are numerous different categories of alien who may qualify for authorization. Lawful permanent residents, conditional residents or nonimmigrants authorized to work in the U.S.A. under 8 CFR 274a.12 (b) do not need to use this form.
What Categories of aliens are eligible to get authorization using Form I-765 Application for Employment Authorization ?
There are several categories of alien who are eligible to file form I-765 Application for Employment Authorization and receive an EAD. An EAD applicant must fit into one of these categories and may have to include different supporting documents and forms with their Form I-765. Determine which category you fall into and include the supporting materials. The different categories are as follows.
To help determine what category of alien resident best describes you, an Immigration attorney located in Fairfax County In the middle of Northern VA, just miles from Washington D.C., Louden, Arlington and Prince William Counties. A lawyer can help you file Form I-765 and avoid resubmissions and denials of your request.
Refugee–(a)(3).
File Form I-765 with a copy of your Form I-590, Registration for Classification as Refugee, an approval letter, or a copy of a Form I-730, Refugee/Asylee Relative Petition, and approval notice.
Asylee/Refugee Categories (and their Spouse and Children Paroled as a Refugee–(a)(4).
File your Form I-765 along with a copy of your Form I-94, Arrival-Departure Record.
Asylee (Granted Asylum)–(a)(5).
File Form I-765 along with a copy of the judge’s decision, granting you asylum, or the USCIS letter. You have until 90 days before the expiration of your current EAD to file.
Asylum Applicant (With a Pending Asylum Application) Who Filed for Asylum on or After January 4, 1995–(c)(8).
There are specific instructions for Application for Employment Authorization with pending asylum claims.
If you filed for asylum after 01/04/1995 you must include a copy of the USCIS mailer that was sent to you, evidence that your Form I-589 was filed with USCIS and an Immigration Judge at the Executive Office for Immigration Review (EOIR) or evidence your application remains under review.
If you filed for asylum before 01/04/1995 and are not in deportation proceedings you must include a copy of your Form I-589, a copy of your receipt notice, a copy of your USCIS acknowledgment mailer and evidence that your Form I-589 was filed with the Executive Office of Immigration review.
If you filed for asylum prior to 01/04/1995 and you are in exclusion or deportation proceedings you must include a date stamped copy of your Form I-589, a copy of Form I-221 or form I-122, a date stamped copy of EOIR-26, a date stamped copy of a petition for judicial review or habeas corpus, or other evidence you filed an asylum application with the Executive Office of Immigration Review.
If you are an asylum applicant under the ABC settlement agreement you must file evidence that you have filed form I-589. If you file this along with the filing fee you are entitled to receive your EAD regardless of the results of your asylum claim. You may be able to get a fee waiver under 8 CFR 103.7(c). To indicate this status you must write ABC in the top right corner of your application.
Citizen of Micronesia, the Marshall Islands, or Palau–(a)(8).
You can file Form I-765 if you were admitted to the United States as a citizen of the Federated States of Micronesia (CFA/FSM), the Marshall Islands (CFA/MIS), or Palau as part of the agreements between the United States and the former trust territories.
Deferred Enforced Departure (DED)/Extended Voluntary Departure–(a)(11).
File Form I-765 Application for Employment Authorization with along with evidence of your identity and nationality.
Temporary Protected Status (TPS)–(a)(12) and (c)(19).
8 CFR 244 grants TPS grants a category (a)(12) an EAD . Pursuant to 8 CFR 244.5, a category (c)(19) EAD is a temporary treatment benefit under TPS
To file for an EAD based on TPS, file Form I-765 combined with your Form I-821, or with evidence that your initial Form I-821 was accepted or approved. Include evidence of nationality and identity as pursuant to the Form I-821 instructions. If you are requesting TPS status extension, also include a copy of your previous TPS document, EAD, Form I-94, or approval notice. You must file a Form I-765 with Form I-821, Application for Temporary Protected Status, for each applicant, regardless of age, even if you are not requesting employment authorization. No fee is required for Form I-765 filed as part of TPS registration because the Form I-821 already has separate fee requirements.)
If you have been granted TPS by an immigration judge or the Board of Immigration Appeals and making your first EAD request, you must submit evidence of your Immigration judge or Board of Immigration Appeals grant of TPS with your application for an EAD along with a copy of your I-821 application that the Immigration judge or Board of Immigration Appeals approved. You must also follow the instructions described in the most recent TPS Federal Register notice regarding a TPS designation or extension for your country. As those notices further instruct, you must also send an e-mail to tpsijgrant.vsc@dhs.gov with the following information once you receive your I-797 application receipt notice: Your name; your Alien registration number; your birth date; Your applications receipt number; and the date you were granted TPS.
NACARA Section 203 Applicants Who Are Eligible to Apply for NACARA Relief With USCIS–(c)(10).
See Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal, to see if you are eligible to apply for NACARA 203 relief. If you are eligible, you may file a Form I-765 with the Form I-881. See Instructions to Form I-881 for filing location. Your response to Question 16 on Form I-765 must be “(c)(10).
Dependent of TECRO E-1 Nonimmigrant–(c)(2).
To file Form I-765 for a Dependent of TECRO E-1 Nonimmigrant include the required certification from the American Institute in Taiwan if you are the spouse or unmarried dependent son or daughter of an E-1 employee from the Taipei Economic and Cultural Representative Office.
F-1 Student Seeking Optional Practical Training (OPT) in an Occupation Directly Related to Studies: (c)(3)(A)–Pre-completion Optional Practical Training; (c)(3)(B)–Post-completion Optional Practical Training; (c)(3)(C)–24-month extension for STEM (Students With a degree in Science, Technology, Engineering, or Mathematics) Optional Practical Training.
File Form I-765 with a Certificate of Eligibility of Nonimmigrant (F-1) Student Status (Form I-20 A-B/ I-20 ID) timely endorsed by a Designated School Official. If you are requesting a 24-month STEM OPT extension under the eligibility code (c)(3)(C), you need to include a copy of your degree and the employer name listed as it is in E-Verify, along with the E-Verify Company Identification Number, or a valid E-Verify Client Company Identification Number for the employer for whom you are seeking the 24-month OPT extension. You must provide this information in Question 17 of the form.
F-1 Student Offered Off-Campus Employment Under the Sponsorship of a Qualifying International Organization–(c)(3)(ii).
File Form I-765 with the letter of certification from the international organization that the proposed employment is within the scope of its sponsorship, and a Certificate of Eligibility of Nonimmigrant (F-1) Student Status — For Academic and Language Students (Form I-20 A-B / I-20 ID) with the Designated School Official’s endorsement within the past 30 days.
F-1 Student Seeking Off-Campus Employment Due to Severe Economic Hardship–(c)(3)(iii).
File Form I-765 with Form I-20 A-B/ I-20 ID, Certificate of Eligibility of Nonimmigrant (F-1) Student Status — For Academic and Language Students along with evidence you wish to submit such as affidavits that explain the unforeseen economic circumstances that your request is based on, and evidence that you attempted to find off-campus employment with an employer who has filed a labor and wage attestation.
J-2 Spouse or Minor Child of an Exchange Visitor–(c)(5).
File Form I-765 along with a copy of your J-1 (principal alien’s) Certificate of Eligibility for Exchange Visitor (J-1) Status (Form IAP-66). You must submit a written statement including any supporting evidence showing that your employment is for other purposes besides supporting the J-1.
M-1 Student Seeking Practical Training After Completing Studies–(c)(6).
File Form I-765 along with Form I-539, Application to Change/ Extend Nonimmigrant Status. You must also include Form I-20 M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status — For Vocational Students endorsed by the Designated School Official within the past 30 days.
Dependent of A-1 or A-2 Foreign Government Officials–(c)(1).
Submit Form I-765 with Form I-566, Interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status, Dependent Employment Authorization, to your diplomatic mission to the Department of State. The Department of State will send all favorably endorsed applications directly to the Nebraska Service Center for adjudication.
Dependent of G-1, G-3 or G-4 Nonimmigrant— (c)(4).
Submit Form I-765 with Form I-566, Interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/ Adjustment to/from A, G, or NATO Status, Dependent Employment Authorization, through your international organization to the Department of State. For New York City, the United Nations (UN) and UN missions you should submit the applications to the United States Mission to the UN (USUN). The DOS or USUN will send all favorably endorsed applications to the Nebraska Service Center for adjudication.
Dependent of NATO-1 Through NATO-6–(c)(7).
Submit Form I-765 along with Form I-566, Interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status, Dependent Employment Authorization. Send the forms to NATO SACLANT, 7857 Blandy Road, C-027, Suite 100 Norfolk, VA 23551-2490. NATO/SACLANT will send all favorably endorsed applications directly to the Nebraska Service Center for adjudication.
B-1 Nonimmigrant Who Is the Personal or Domestic Servant of a Nonimmigrant Employer–(c)(17)(i).
File Form I-765 along with evidence from your employer that he or she is a B, E, F, H, I, J, L, M, O, P, R, or TN nonimmigrant and that you were employed by them for at least 1 year before the employer came to the United States, or evidence that your employer regularly employs personal and domestic servants and has done so for a period of years before coming to the United States. If this does not apply provide evidence that you have either worked for this employer as a personal or domestic servant for at least 1 year, or evidence that you have at least 1 year of experience as a personal or domestic servant; and evidence showing that you have a residence abroad that you have no intention of abandoning.
B-1 Nonimmigrant Domestic Servant of a U.S. Citizen–(c)(17)(ii).
File Form I-765 Application for Employment Authorization with:
Evidence that he or she employed you as a domestic servant abroad for at least 6 months before your admission to the United States or;
Evidence that your employer has a permanent home abroad or is stationed outside the United States and is temporarily visiting the United States or the citizen’s current assignment in the United States will not be longer than 4 years; and evidence from your employer that he or she is a U.S. citizen; and
B-1 Nonimmigrant Employed by a Foreign Airline— (c)(17)(iii).
File Form I-765 Application for Employment Authorization with a letter from the airline fully describing your duties and explaining that your position would entitle you to E nonimmigrant status except for the fact that you are not a national of the same country as the airline or because there is no treaty of commerce and navigation between the United States and that country.
Spouse of an E-1/E-2 Treaty Trader or Investor— (a)(17) or Spouse of an E-3 Certain Specialty of Occupation Professional from Australia.
File Form I-765 along with evidence of your lawful status and proof you are married to a principal E-1/E-2, such as your Form I-94, and a copy of the principal’s visa, and your marriage certificate.
Spouse of an L-1 Intracompany Transferee— (a)(18).
File Form I-765 with evidence of your lawful status and proof you are married to a principal L-1, such as your Form I-94, and a copy of the principal’s visa and your marriage certificate.
Spouse of an E-2 CNMI Investor–(c)(12).
File Form I-765 with evidence of your lawful status and proof you are married to a principal E-2 CNMI Investor, and include evidence that your spouse has in fact obtained E-2C status. Include a copy of the principal E-2 CNMI Investors long-term business certificate or Foreign Investment Certificate. Spouses of a principal E-2 CNMI Investor who obtained status based on a Foreign Retiree Investment Certification is not eligible for employment authorization and may not file under this category.) Include evidence that you live in the Commonwealth of the Northern Mariana Islands.
Spouse of an H-1B Nonimmigrant–(c)(26).
The requisites for filing a I-765 for the spouse of an H-1b Nonimmigrant are many and varied please see https://www.uscis.gov/i-765 for the full details and instructions.
K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent–(a)(6).
File Form I-765 only if you are filing within 90 days from the date of entry. This EAD is non-renewable. Any other EAD application other than for a replacement must be based on having a pending application for adjustment under (c)(9).
K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent–(a)(9).
File Form I-765 along with proof of your admission such as copies of your Form I-94, passport, and K visa.
Family Unity Program–(a)(13).
If your non-expired Family Unity EAD is lost or stolen then you need to file Form I-765 with proper fees, along with a copy of your approval notice for Family Unity benefits, to request a replacement.
If you are filing for initial or extension of Family Unity benefits you need to complete and submit Form I-817, Application for Family Unity Benefits instead of Form I-765. If your Form I-817 is approved an EAD will be issued; you do not need to submit Form I-765.
LIFE Family Unity–(a)(14).
If you are applying for a replacement EAD that was issued under LIFE Act Amendments Family Unity provisions, file Form I-765 with the required evidence listed in the “Required Documentation” section of these instructions.
If you are applying for initial employment authorization under the Family Unity provisions of section 1504 of the LIFE Act Amendments, or as an extension of such authorization, you should not use this form. Obtain and complete Form I-817, Application for Family Unity Benefits
V-1, V-2, or V-3 Nonimmigrant–(a)(15).
If you have already been inspected and admitted to the United States with a valid V visa, file this application along with proof of your admission, such as copies of your Form I-94, your passport, and K visa. If you have been granted V status while you were in the United States, file this application along with evidence of your V status, such as an approval notice. If you are in the United States but you have not yet filed an application for V status, you can file this application along with your application for V status. The USCIS will then adjudicate this application after adjudicating your application for V status.
Adjustment Applicant–(c)(9).
For this category file Form I-765 along with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence or Adjust Status, is still pending. You may file Form I-765 together with your Form I-485. Unlike other applicants you do not have to submit a Form I-94, Arrival-Departure Record.
Adjustment Applicant Based on Continuous Residence Since January 1, 1972–(c)(16).
File Form I-765 Application for Employment Authorization with your Form I-485, Application to Register for Permanent Residence or Adjust Status and a copy of your receipt notice; or other evidence that the Form I-485 is pending.
For renewal EAD for National Interest Waiver Physicians:
If you are filing for a renewal EAD based on your pending adjustment status and an approved National Interest Waiver Physician petition, you need to include evidence of meaningful progress toward completing the national interest waiver obligation. Evidence includes documentation of employment in any period during the previous 12 months such as w-2 forms. If you did not work as a national interest waiver physician during any period of the previous 12 months, you must explain and provide a statement of your future intent to work in the national interest waiver employment program.
N-8 or N-9 Nonimmigrant–(a)(7).
File Form I-765 Application for Employment Authorization along with standard required evidence listed in the general instructions for all categories.
Granted Withholding of Deportation or Removal— (a)(10).
File Form I-765 Application for Employment Authorization with a copy of the Immigration Judge’s order. You do not need to apply for a new EAD until 90 days before the expiration of your current EAD.
Applicant for Suspension of Deportation–(c)(10).
File Form I-765 along with evidence that your Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal, or Form EOIR-40, is still pending.
Paroled in the Public Interest–(c)(11).
You can file Form I-765 Application for Employment Authorization and qualify for an EAD if you were paroled into the United States for emergent reasons or reasons strictly in the public interest.
Deferred Action–(c)(14).
File Form I-765 with a copy of the notice, order, or document explaining the exercise of deferred action. To determine if you are eligible for work authorization, you must establish an economic necessity. USCIS will examine whether you have an economic need to work by reviewing your current annual income, your current annual expenses, and the total current value of your assets. Provide this financial information on Form I-765WS, (Form I-765 Worksheet). If you would like to provide an explanation you can complete Part 3 Explanation, of the worksheet. You do not have to submit supporting documentation, though it will be accepted and reviewed if you choose to submit it.
Consideration of Deferred Action for Childhood Arrivals–(c)(33).
For USCIS to consider your claim you must file Form I-765 Application for Employment Authorization with Form I-821D. Check the Form I-821D Filing Instructions to see if you meet the guidelines. You must establish economic necessity to determine your eligibility for work authorization. USCIS will review your current annual income, your current annual expenses, and the total current value of your assets to consider whether you have an economic need to work. Provide this information on Form I-765WS, (Form I-765 Worksheet). Complete Part 3, Explanation, of the worksheet if you would like to provide an explanation. Submitting supporting documentation is not required, though if you choose to submit it will be accepted and reviewed it. You are not required to include other household member’s financial information to establish your own economic necessity.
The 90-day period for adjudicating Form I-765 filed together with Form I-821D does not begin until The Department of Homeland Security has decided whether to defer action in your case.
Form I-765 has a fee based on the Consideration of Deferred Action for Childhood Arrivals category that cannot be waived. Be aware that biometric collection and the biometric services fee for Form I-765 based on the Consideration of Deferred Action for Childhood Arrivals category cannot be waived.
If U.S. Immigration and Customs Enforcement (ICE) deferred action on your case, file Form I-765 with a copy of the order, notice, or document reflecting the exercise of deferred action. You are required to establish economic necessity to determine your eligibility for work authorization. USCIS will consider whether you have an economic need to work by reviewing your current annual income, your current annual expenses, and the total current value of your assets.
When completing the Form I-765:
For question15 enter “Unlawful Status: Deferred Action for Childhood Arrivals by ICE”.
Enter (c)(33) as the letter and number of the category for which you are applying in question 16.
Final Order of Deportation–(c)(18).
Form I-765 must be filed with a copy of the order of supervision and a request for employment authorization that may be based following:
Existence of a dependent spouse and/or children in the United States reliant on you for support
An economic necessity to be employed; and
Estimated length of time before you can be removed from the United States.
LIFE Legalization Applicant–(c)(24).
You should file Form I-765 together with your Form I-485, Application to Register Permanent Residence or Adjust Status, to help facilitate processing. You can file Form I-765 at a later date with evidence that you were a CSS, LULAC, or Zambrano class member applicant before October 1, 2000, and with a copy of the receipt notice or other evidence that your Form I-485 is pending.
T-1 Nonimmigrant–(a)(16).
Only file Form I-765 if you are applying for initial employment authorization as a T-1 nonimmigrant, and you did not request an employment authorization document when you applied for T nonimmigrant status. If you have already been granted T nonimmigrant status and this request is for a renewal or replacement of an employment authorization document you should file Form I-765 with evidence of your T nonimmigrant status, such as an approval notice.
T-2, T-3, or T-4 Nonimmigrant–(c)(25).
File Form I-765 Application for Employment Authorization with a copy of your T-1 (principal alien’s) approval notice. Include proof of your relationship to the T-1 principal.
U-1 Nonimmigrant–(a)(19).
File Form I-765 only if you did not request an employment authorization document when you applied for U nonimmigrant status, and you are applying for initial employment authorization as a U-1 nonimmigrant. File Form I-765 along with evidence of your U nonimmigrant status, such as an approval notice If you have been granted U nonimmigrant status and this is a request for a renewal or replacement of an employment authorization document.
U-2, U-3, U-4, or U-5–(a)(20).
You must submit a copy of the approval notice for your U nonimmigrant status if you obtained U nonimmigrant status while you were in the United States. If you were already a U nonimmigrant when you were admitted to the United States you must submit a copy of your passport with your U nonimmigrant visa.
VAWA Self-Petitioners–(c)(31).
If you are the qualified child of an approved VAWA self-petition or the principal beneficiary, you are eligible for work authorization. File Form I-765 with evidence of your status, for example, a copy of Form I-360 approved notice. You may file Form I-765 together with your initial VAWA self-petition.
To help determine what additional forms should be filed along with your I-765 Application for Employment Authorization an Immigration Attorney can provide valuable assistance. There are Immigration Attorneys in Springfield VA just miles from Tysons Corner, Arlington and Alexandria who can help make sure your Form I-765 is accompanied by all the necessary forms and evidence.
What information is asked for on the Form I-765 Application for Employment Authorization ?
The information you will need to provide on your Form I-765 consists of:
Name, First, Middle and Last
List of all other names used
List your U.S. Mailing address
What is your nationality?
What is your place of birth? Include the city, state or province and zip code if available as well as the country.
What is your date of birth? Mm/dd/yyyy
What is your gender? Male or Female
What is your marital status?
What is your Social security Number?
What is your Alien registration number?
Have you ever applied for employment authorization before?
When did you last enter the U.S. mm/dd/yyyy?
What is the place of your last entry into the U.S.?
What was your status during your last entry into the U.S.?(B-2 Visitor, F-1 Student, No Lawful status etc.)
What is your Current immigration Status? (Visitor, Student, etc.)?
What is your eligibility category?
Is a filing fee required with your Form I-765?
Yes, the filing fee for Form I-765 Application for Employment Authorization is $380, however, there are several exceptions to the filing fee:
If your card has an error attributed to the USCIS:
If this is your first application and you are in the category of:
(a)(3) Refugee;
(a)(4) Paroled as Refugee;
(a)(5) Asylee;
(a)(7) N-8 or N-9 nonimmigrant;
(a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
(a)(10) Granted Withholding of Deportation;
(a)(16) Victim of Severe Form of Trafficking (T-1);
(a)(19) U-1 Nonimmigrant;
(c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
(c)(8) Applicant for asylum (an applicant filing under the special ABC procedures must pay the fee); or
(c)(31) VAWA Self-Petitioner
The filing fee could also be waived if this is a renewal of your application and you are in the category of:
(a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
(a)(10) Granted Withholding of Deportation;
(c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
(c)(9) or (c)(16) Adjustment applicant who applied after July 30, 2007.
The filing fee could also be waived if this is an application for a replacement EAD and you are in the category of:
(c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel.
The Filing fee may also be waived if you have filed Form I-485, Application to Register Permanent residence or Adjust status. If you are filing Forms I-485 and I-765 Application for Employment Authorization separately you must include your Notice of Action Form I-797c receipt along with I-765 to be eligible to waive the filing fee.
How do you pay?
Make a check or money order payable to “U.S. Department of Homeland Security”. Do not use abbreviations. The check or money order must be from a bank or institution in the U.S… Make sure that the check or money order must be payable in U.S. currency
To verify if your fees are correct by visiting www.uscis.gov and looking under “forms filing fees” or calling 1-800-375-5283 or 1-800-767-1833 for the hearing impaired.
Check payments will be converted into an Electronic Funds Transfer which means you will not receive your original check back.
To help verify what fee waivers and fee obligations you qualify for you may want to seek the council of an Attorney specializing in Immigration Law. There are Immigration Lawyers in Springfield who can help navigate you through the entire I-765, Application for Employment Authorization process just miles from Manassas, Leesburg, and Fredericksburg.
What happens if I change my address during the application process?
If your address changes you need to inform USCIS of your new address. To learn about changing your address visit www.uscis.gov/addresschange. You can also call 1-800-375-5283 or 1-800-767-1833 for the hearing impaired.
What else should I include?
Along with your Form I-765 Application for Employment Authorization and your filing fee you need to include a copy of Form I-94, Arrival-Departure Record and a copy of your last EAD if there is one. If you do not have a previous EAD you must include a copy of a government issued identity document such as a passport, a birth certificate with photo ID, a visa issued by a foreign consulate or a national Id document with a photo or fingerprint.
You must also submit two identical, color, 2” by 2“photographs with a white background showing your full face using a frontal view taken within 30 days of filing your application. Your head must be bare unless you are wearing required religious head wear. The face should measure 1” to 1 3/8 inches from top to bottom and be centered with the eyes 1 1/8” to 1 3/8” from the bottom of the photo. Lightly print your name and Alien Receipt Number on the back using felt pen or pencil.
Some categories are required to demonstrate economic necessity. If this applies, you must include Form I-765WS. On the worksheet form list your assets, income, and expenses.
Are there any other steps in the Application for Employment Authorization process?
After your Application for Employment Authorization has been received by USCIS you may be informed in writing to go to your local USCIS Application Support Center for a biometrics services appointment. Failure to attend this appointment can result in denial of your application. There may be a Biometrics service fee associated with this appointment. The fee is usually about $85.
What are the specifications for filling out Form I-765?
Type or print legibly in black ink. Answer all questions thoroughly. Do not leave any question blank. If a question is not applicable write “N/A” if the answer is “none” or “0” write “none”. The application must be personally signed. A type written name is not acceptable. If you are under 14 years old a parent or guardian can sign the form for you. If extra space is needed to complete a question on the form attach another sheet with the full answer and indicate which part and item you are referring to. Write your name and Alien Registration number at the top of the sheet and then sign and date the sheet.
What happens if a required document does not exist or cannot be obtained?
If you cannot obtain a required document you must prove that you could not obtain it and then submit secondary evidence. The secondary evidence must pertain to the necessary fact of the issue. If no such secondary evidence exists you must prove this and then submit two or more affidavits by witnesses who are nonpartisan to the issue and have direct knowledge of the facts.
To help ensure that all of your necessary supporting document are included in your I-765 Application for Employment Authorization enlisting a lawyer can help. There are Immigration Attorneys in Springfield Virginia that can help organize your supporting documents and affidavits just minutes from Alexandria, Lorton, Reston and Vienna. Utilizing an Immigration Lawyer can help facilitate the I-765 Application for Employment Authorization process and avoid denials or delays.
Are copies of documents acceptable?
Copies of documents are acceptable unless it is specified that an original be submitted. If you choose to submit an original document when an original is not specifically required it is possible that it will not be returned to you.
What do you do if you are asked to submit a document that contains a language other than English?
Any document submitted to the USCIS that contains a foreign language must include a full English translation. The translation must be certified as complete and accurate by a translator. You must also include certification that the translator is competent to translate into English.
Where do you file your Form I-765 Application for Employment Authorization?
To find out where to file this benefit request visit www.uscis.gov/I-765. You can also call 1-800-375-5283 or 1-800-767-1833 for the hearing impaired.
What can I expect after I have filed my I-765 Application for Employment Authorization with all my supporting documents, paid all fees and completed any required Biometric Services Appointment?
If your application is approved your Employment Authorization Document (EAD) will be mailed to you or you will be notified to pick it up at your local USCIS office. If your application is denied you will be mailed a written notice of the denial along with an explanation of the denial.
If you do not receive a decision of USCIS receiving your application or 30 days for asylum based claims you may request an Interim EAD. To request this call USCIS at 1-800-375-5283 or 1-800-767-1833 for the hearing impaired or schedule an InfoPass appointment at www.uscis.gov.
The I-765 application process can be confusing. There are lawyers specializing in immigration and employment located in Springfield VA, minutes from Annandale, Herndon, Falls Church and Woodbridge who can guide you through the process and submit your EAD claim efficiently.
