1. What is Form I-765 used for?
Form I-765, Application for Employment Authorization, is used by individuals in the United States to request employment authorization from the U.S. Citizenship and Immigration Services (USCIS). This form allows eligible applicants to apply for a work permit, also known as an Employment Authorization Document (EAD), which grants them the legal right to work in the U.S. for a specific period of time. Common reasons for filing Form I-765 include individuals seeking adjustment of status, asylum applicants, DACA recipients, F-1 students seeking Optional Practical Training (OPT), and temporary protected status (TPS) beneficiaries. It is crucial that applicants thoroughly fill out the form and provide all required supporting documents to ensure their eligibility for employment authorization.
2. Who is eligible to file Form I-765?
1. Individuals who are in the United States and have a nonimmigrant visa status that allows them to apply for employment authorization, such as students on F-1 visas with Optional Practical Training (OPT) approval, exchange visitors on J-1 visas with work authorization, or individuals on H-1B visas with certain employment-based immigrant petitions pending.
2. Asylum seekers and refugees in the United States are eligible to file Form I-765 for employment authorization.
3. Certain adjustment of status applicants who are waiting for their green card application to be processed are also eligible to apply for employment authorization using Form I-765.
4. Spouses of U.S. citizens or lawful permanent residents who are in the process of obtaining their green card through marriage may also file for employment authorization through Form I-765.
5. DACA recipients, individuals with Temporary Protected Status (TPS), and certain other categories of immigrants granted relief from deportation may be eligible to apply for employment authorization using Form I-765.
3. What supporting documents are required to file Form I-765?
When filing Form I-765 for employment authorization in the United States, several supporting documents are required to accompany the application. The following documents are commonly needed:
1. A copy of government-issued identification, such as a passport, driver’s license, or national identity card, to establish your identity.
2. A copy of your Form I-94, Arrival/Departure Record, or a copy of your U.S. visa to confirm your current immigration status.
3. Two passport-style photographs taken within the last 30 days to be submitted with the application.
4. A copy of previous employment authorization documents, if applicable, to demonstrate your work history in the U.S.
5. Any additional documents specific to your eligibility category, such as a copy of your marriage certificate or proof of pending asylum application, if relevant.
It is essential to carefully review the specific instructions provided with Form I-765 and ensure that all required supporting documents are included to avoid delays or potential rejection of the application.
4. Where should Form I-765 be filed?
Form I-765 should be filed at the appropriate filing address listed on the USCIS website. The correct mailing address for submitting the Form I-765 application depends on the eligibility category under which the applicant is applying for employment authorization. It is crucial to carefully review the instructions provided with the form and on the USCIS website to ensure the application is sent to the correct location. Filing the form at the proper address will help avoid delays in processing the application and ensure that it reaches the appropriate USCIS service center for review. Additionally, following the instructions for submission will help to facilitate a smooth and efficient processing of the application for employment authorization.
5. How long does it take to process Form I-765?
The processing time for Form I-765, Application for Employment Authorization, can vary depending on the current caseload of the United States Citizenship and Immigration Services (USCIS) office where the application is filed. As of the latest information available, USCIS aims to process Form I-765 within approximately 2.5 to 5 months from the date of receipt. However, this timeframe is not guaranteed and processing times can fluctuate based on various factors such as the complexity of the case, USCIS workload, and any requests for additional information or documentation.
1. Some applicants may experience longer processing times if their cases require additional review or if there are issues that need to be resolved.
2. It is important for applicants to regularly check the USCIS website for updates on processing times and to be aware of any potential delays that may impact their application.
6. Can Form I-765 be filed online?
Yes, Form I-765 can be filed online through the USCIS website by creating an account in the USCIS online filing system. This option is available for certain categories of applicants, such as those applying for Optional Practical Training (OPT) or STEM OPT extension. Online filing provides a more convenient and efficient way to submit the application, allowing for real-time tracking of the case status and electronic communication with USCIS. However, not all applicants may be eligible to file Form I-765 online, so it is important to check the USCIS website for specific instructions and requirements before proceeding with the online filing process.
7. What is the filing fee for Form I-765?
The filing fee for Form I-765, Application for Employment Authorization, as of October 2, 2020, is $410. This fee must be submitted along with the application for consideration. It is important to note that this fee is subject to change, so it is advisable to check the most recent fee schedule on the official website of U.S. Citizenship and Immigration Services (USCIS) before submitting your application. USCIS does offer fee waivers for certain individuals who meet specific criteria, so it is recommended to review the eligibility requirements for a fee waiver if you believe you may qualify.
8. Can Form I-765 be filed concurrently with another application?
Yes, Form I-765 can be filed concurrently with another application in certain circumstances. Here are some situations in which this may be applicable:
1. Adjustment of Status: When an individual is applying for adjustment of status to become a lawful permanent resident, Form I-765 can be filed concurrently with the Form I-485 application.
2. Temporary Protected Status (TPS): If an individual is applying for TPS, they can file Form I-765 along with the TPS application.
3. Fiancé Visa: In some cases, individuals applying for a fiancé visa (K-1 visa) may be able to file Form I-765 concurrently with the Form I-129F petition.
It is important to check the specific instructions for each application to determine whether filing Form I-765 concurrently is permitted for your particular situation.
9. Are there any restrictions on employment authorization granted through Form I-765?
Yes, there are restrictions on employment authorization granted through Form I-765. Here are some key points to consider:
1. Limited duration: Employment authorization granted through Form I-765 is typically valid for a specific period of time, as indicated on the Employment Authorization Document (EAD) issued to the applicant. The authorization is usually tied to the individual’s specific immigration status or situation, such as asylum, adjustment of status, DACA, or temporary protected status.
2. Restrictions on the type of employment: The employment authorization granted through Form I-765 may be limited to a certain type of employment or employer. Some categories of applicants may have restrictions on the type of work they can perform or the industries they can work in.
3. Maintaining legal status: Applicants granted employment authorization must continue to maintain their legal immigration status in order to remain eligible to work in the United States. Violating the terms of one’s immigration status can lead to the revocation of employment authorization.
4. Interstate employment restrictions: Some individuals may have restrictions on working in certain states or regions based on their immigration status or the conditions of their employment authorization.
It is important for individuals granted employment authorization through Form I-765 to familiarize themselves with the specific terms and restrictions associated with their authorization to ensure compliance with U.S. immigration laws and regulations.
10. What are the common reasons for Form I-765 denial?
There are several common reasons why Form I-765 applications may be denied by the United States Citizenship and Immigration Services (USCIS). Some of the most frequent reasons include:
1. Incomplete or inaccurate information provided on the form.
2. Failure to submit the necessary supporting documents or evidence required.
3. Missing the application deadline or filing outside of the eligible time frame.
4. Failure to pay the required filing fee or including an incorrect payment.
5. Applicant being ineligible for employment authorization under their current immigration status.
6. Issues with the applicant’s immigration history or background check results.
7. Lack of a valid basis for requesting employment authorization.
8. Issues related to the applicant’s passport validity or other identifying documentation.
9. Form I-765 being filed concurrently with an ineligible or incomplete immigration application.
10. Any discrepancies or inconsistencies in the information provided on the application compared to other immigration records or background checks.
It is crucial for applicants to thoroughly review the form instructions, gather all required documentation, and ensure accuracy and consistency in the information provided to minimize the risk of denial. If an application is denied, applicants may have the option to file an appeal or submit a motion to reopen the case, depending on the specific circumstances of the denial.
11. Can biometrics be required for Form I-765 processing?
Yes, biometrics can be required for Form I-765 processing. Biometrics, such as fingerprinting and photographs, are often used by the U.S. Citizenship and Immigration Services (USCIS) to verify the identity of applicants for various immigration benefits, including employment authorization. If biometrics are required for your Form I-765 application, you will be notified by the USCIS to schedule an appointment at a designated Application Support Center (ASC) to have your fingerprints and photo taken. It is important to attend your biometrics appointment as scheduled to avoid delays in the processing of your application. Failure to attend your biometrics appointment may result in your application being denied or delayed.
Additionally, if you are filing Form I-765 concurrently with another USCIS form, such as Form I-485 (Application to Register Permanent Residence or Adjust Status), biometrics may be taken at the same appointment for both applications. The biometrics information collected helps USCIS conduct background checks and confirm your identity to ensure the accuracy and security of your immigration application.
In summary:
1. Biometrics can be required for Form I-765 processing.
2. Biometrics may include fingerprinting and photographs.
3. You will be notified by USCIS if biometrics are required for your application.
4. Attend your biometrics appointment as scheduled to prevent delays.
5. Biometrics help verify your identity and conduct background checks for security purposes.
12. Can Form I-765 be renewed?
Yes, Form I-765 can be renewed under certain circumstances. Here are some important points to consider:
1. Eligibility: To renew your Form I-765, you must still meet the eligibility requirements for obtaining employment authorization in the United States.
2. Timely Filing: It is crucial to apply for renewal before your current employment authorization expires. Failing to do so may result in a gap in employment eligibility.
3. Documentation: You will need to submit supporting documents along with your renewal application to demonstrate your continued eligibility for employment authorization.
4. Fee: There is typically a fee associated with renewing Form I-765. Make sure to include the correct payment along with your renewal application.
5. Processing Time: The processing time for Form I-765 renewals may vary, so it’s important to submit your application well in advance to avoid any issues with continued employment eligibility.
In conclusion, yes, Form I-765 can be renewed, but it is essential to meet all the requirements and deadlines to ensure a smooth renewal process and uninterrupted employment authorization in the United States.
13. Can Form I-765 be expedited?
Yes, Form I-765 can be expedited under certain circumstances. Here’s how applicants can request expedited processing for their Form I-765:
1. Eligibility: Applicants must meet specific criteria to qualify for expedited processing. This may include severe financial loss, an urgent humanitarian situation, a compelling emergency, a situation involving the Department of Defense or national security, or a compelling interest of USCIS.
2. Request for Expedited Processing: Applicants can request expedited processing by contacting the USCIS National Customer Service Center at 1-800-375-5283. They will need to provide supporting documents to demonstrate why their case qualifies for expedited processing.
3. Follow-Up: After submitting the request for expedited processing, applicants should monitor the status of their case online through the USCIS website or by contacting the National Customer Service Center for updates.
Overall, while Form I-765 can be expedited in certain situations, it is essential to meet the eligibility criteria and provide sufficient documentation to support the request.
14. Can Form I-765 be withdrawn after submission?
Yes, Form I-765 can be withdrawn after submission but only under certain circumstances. Here are some key points to consider regarding the withdrawal process:
1. The applicant must submit a written request to withdraw the Form I-765 application. This request should include the applicant’s full name, date of birth, Alien Registration Number (A-Number), and the USCIS receipt number for the application.
2. The written request to withdraw the application should be sent to the USCIS office where the Form I-765 was filed.
3. It is important to note that once the employment authorization application has been approved or if the applicant has already received the Employment Authorization Document (EAD), the withdrawal request may not be granted.
4. Withdrawing an application may have implications on an individual’s immigration status and eligibility for employment authorization, so it is advised to consult with an immigration attorney before proceeding with the withdrawal.
In conclusion, while Form I-765 can be withdrawn after submission, it is crucial to follow the proper procedures and understand the potential consequences before taking this step.
15. What is the validity period of employment authorization granted through Form I-765?
The validity period of employment authorization granted through Form I-765 varies depending on the category under which the application is filed:
1. Asylum applicants may receive employment authorization for a specific period not to exceed 2 years.
2. Applicants with pending adjustment of status applications based on family sponsorship are typically granted employment authorization for 1 year.
3. DACA recipients may be granted employment authorization for a period of 2 years.
4. Certain foreign students with designated hardships may receive employment authorization for 1 year.
5. Spouses of L-1 intracompany transferees or E-1/E-2 treaty traders/investors may receive employment authorization for the duration of the authorized stay of the principal nonimmigrant.
6. Other specific categories may have different validity periods based on the circumstances of the application.
It is important for applicants to pay attention to the expiration date on their employment authorization document and take necessary steps to renew it if needed to avoid any gaps in employment eligibility.
16. Can Form I-765 be filed for a spouse or child of an immigrant?
Yes, Form I-765 can be filed for a spouse or child of an immigrant if they are eligible to apply for employment authorization in the United States. In order to file Form I-765 for a spouse or child of an immigrant, the following conditions must generally be met:
1. The immigrant must have a valid immigration status that allows for the filing of Form I-765.
2. The spouse or child must be within a specific immigration category that grants them the ability to apply for employment authorization.
3. The spouse or child must meet any specific eligibility criteria outlined by the U.S. Citizenship and Immigration Services (USCIS) for the particular immigration category they fall under.
It is important to carefully review the specific eligibility requirements for filing Form I-765 for a spouse or child of an immigrant to ensure the application is submitted correctly and that employment authorization is obtained lawfully.
17. Can employment authorization be extended if Form I-765 renewal is pending?
Yes, employment authorization can be extended if a Form I-765 renewal is pending under certain conditions.
1. Automatic Extension: If an individual files Form I-765 to renew their employment authorization before their current authorization expires, their work authorization is automatically extended for up to 180 days.
2. Eligibility Criteria: To be eligible for this automatic extension, the individual must be applying to renew employment authorization in the same category as their current employment authorization. They must also have filed the renewal application in a timely manner, meeting the deadline set by USCIS.
3. Documentation: During this automatic extension period, individuals may continue to work while their renewal application is pending, provided they can show their employer certain documentation such as a receipt notice for the filed Form I-765 and the expired employment authorization document.
4. Considerations: It is crucial to closely follow the guidelines and requirements set by USCIS for extending employment authorization while a renewal application is pending to ensure continued legal work authorization in the United States.
18. What should I do if my Form I-765 is lost or stolen?
If your Form I-765 (Application for Employment Authorization) is lost or stolen, it is essential to act promptly to minimize the risk of identity theft or unauthorized use of the information contained in the form. Here are the steps you should take:
1. Notify USCIS: Contact the U.S. Citizenship and Immigration Services (USCIS) immediately to report that your Form I-765 is missing. You can call the USCIS National Customer Service Center at 1-800-375-5283 to inform them of the situation.
2. File a new Form I-765: In most cases, you will need to submit a new Form I-765 to apply for employment authorization. It is crucial to complete the form accurately and include any required supporting documents.
3. Monitor for suspicious activity: Keep an eye on your credit report, bank accounts, and other financial transactions for any unusual or unauthorized activity. If you notice anything suspicious, report it to the relevant authorities immediately.
4. Consider placing a fraud alert: To further protect yourself from identity theft, you may consider placing a fraud alert on your credit report. This alert warns creditors to verify your identity before extending credit in your name.
By following these steps, you can address the loss or theft of your Form I-765 effectively and take necessary precautions to safeguard your personal information.
19. Can I work legally in the U.S. while Form I-765 is pending?
Yes, you can work legally in the U.S. while Form I-765 is pending under certain conditions:
1. If you have a pending Form I-765 based on a pending application for adjustment of status (Form I-485), you may be eligible to work in the U.S. based on your pending adjustment of status application.
2. If you have a pending Form I-765 based on a pending asylum application or TPS application, you may also be eligible to work in the U.S. while your application is pending.
3. To legally work in the U.S. while your Form I-765 is pending, you must have filed Form I-765 for employment authorization and meet the specific eligibility criteria for the category under which you are applying.
4. It is important to note that you should not engage in any employment without proper authorization or eligibility as it could result in serious consequences including denial of your application, deportation, or being barred from future immigration benefits in the U.S.
20. How can I check the status of my Form I-765 application?
To check the status of your Form I-765 application, you have several options:
1. Online: You can check the status of your application online through the USCIS website by entering your receipt number. This will provide you with real-time updates on the processing of your application.
2. Phone: You can also check your application status by calling the USCIS National Customer Service Center at 1-800-375-5283. Make sure to have your receipt number handy when you call.
3. Email: If you have created an account on the USCIS website, you can sign in and opt to receive email updates on your application status.
4. In-person: If you are unable to check the status online or via phone, you can schedule an InfoPass appointment at a local USCIS office to inquire about your application in person.
By utilizing these methods, you can stay informed about the progress of your Form I-765 application for employment authorization.