Who Should File The I-765 Form?

Persons who are temporarily in the United States requesting an Employment Authorization Document (EAD) should file the I-765 form, Application for Employment Authorization. Others who are authorized to work in the US without restrictions should also use the I-765 form and file it with the USCIS to get a document evidencing such authorization.

However, you should not use this form if you are a Lawful Permanent Resident, Conditional Resident, or a non immigrant authorized to be employed with a specific employer.

Employment Authorization Document (EAD)

Form I-688, Form I-688A, Form I-688B, Form I-766, or any other document issued by USCIS serves as an evidence that the holder is authorized to work in the US.

Renewal EAD

– is an EAD that is issued to one at or after the expiration of a previous EAD issued under the same category.

Replacement EAD

– is an EAD that is issued when the previously issued EAD is lost, stolen, mutilated, or contains erroneous information, such as a misspelled name.

Interim EAD

– is an EAD that is issued when the USCIS failed to adjudicate the application within 90 days of receipt of a correctly filed EAD application or within 30 days of a correctly filed I-765 form based on an asylum application filed on or after January 4, 1995. The interim EAD will be issued for a period that does not exceed 240 days and is subject to certain conditions noted on the document.

The USCIS adjudicates a request for employment authorization by determining whether an applicant has submitted the required information and documentation, and whether the applicant is eligible.

The I-765 Form Filing Process

Along with the I-765 form, the applicant has to send a copy of Form I-94 Arrival/Departure Record, if available and a copy of the last EAD. If no prior EAD was issued, the applicant has to submit a copy of a federal government issued identity document, such as a passport that has the applicant’s picture, name, and date of birth. In addition to these, the applicant should also submit two identical color photographs taken within 30 days of the filing the I-765 form.

The filing fee for the I-765 form is $380. However, no fee is required if the applicant is filing because the card issued was incorrect due to a USCIS administrative error. If the error was not caused by USCIS, both the submission fee and biometrics fees are required.

Applicants who filed a Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, need not pay the fee to request for employment authorization on Form I-765. One can file the I-765 concurrently with the I-485 form, or can submit the I-765 at a later date. Applicants filing the I-765 application separately should submit a copy of their Form I-797 C, Notice of Action, as evidence of the filing an I-485 as of July 30, 2007.

If, within 90 days of receipt by USCIS of a properly filed EAD application or within 30 days of a properly filed initial EAD application, you did not receive a decision based on an asylum application filed on or after January 4, 1995, you can get an interim work authorization by appearing in person at your local USCIS district office. You should bring proof of identity and any notices that you received from USCIS in connection with your application

If your application is approved, your EAD will either be mailed to you or you may be required to appear at your local USCIS office to pick it up. In case your application cannot be granted, you will receive a written notice explaining the reason for the denial.

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