Application for Employment Authorization

OMB No. 1615-0040; Expires 08/31/08

Instructions for I-765, Application
for Employment Authorization

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Please read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet(s) of paper. Write your name and Alien Registration Number (A #), if any, at the top of each sheet of paper
and indicate the part and number of the item to which the answer refers.
The filing addresses provided on this form reflect the most current information as of the date this form was last printed. If you are
filing Form I-765 more than 30 days after the latest edition date shown in the lower right-hand corner, please visit our website at
www.uscis.gov before you file, and check the Forms and Fees page to confirm the correct filing address and version currently in use.
Check the edition date located in the lower right-hand corner of the form. If the edition date on your Form I-765 matches the edition
date listed for Form I-765 on the online Forms and Fees page, your version is current and will be accepted by USCIS. If the edition
date on the online version is later, download a copy and use the online version. If you do not have internet access, call the National
Customer Service Center at 1-800-375-5283 to verify the current filing address and edition date. Improperly filed forms will be
rejected, and the fee returned, with instructions to resubmit the entire filing using the current form instructions.

Renewal EAD: An EAD issued to an eligible applicant at or

Index
Page No.
What Is the Purpose of This Form

1

Who May File This Form I-765

1

Required Documentation

5

What Is the Filing Fee

7

Where to File

8

Processing Information

9

Other Information

10

What Is the Purpose of This Form?
Certain aliens who are temporarily in the United States may
file a Form I-765, Application for Employment Authorization,
to request an Employment Authorization Document (EAD).
Other aliens who are authorized to work in the United States
without restrictions should also use this form to apply to
USCIS for a document evidencing such authorization. Please
review Eligibility Categories to determine whether you
should use this form.
If you are a Lawful Permanent Resident, a Conditional
Resident, or a nonimmigrant authorized to be employed with a
specific employer under 8 CFR 274a.12(b), please do not use
this form.

Definitions.
Employment Authorization Document (EAD): Form

I-688, Form I-688A, Form I-688B, Form I-766, or any
successor document issued by USCIS as evidence that the
holder is authorized to work in the United States.

after the expiration of a previous EAD issued under the same
category.

Replacement EAD: An EAD issued to an eligible
applicant when the previously issued EAD has been lost,
stolen, mutilated, or contains erroneous information, such as a
misspelled name.
Interim EAD: An EAD issued to an eligible applicant when
USCIS has failed to adjudicate an application within 90 days
of receipt of a properly filed EAD application or within 30
days of a properly filed initial EAD application based on an
asylum application filed on or after January 4, 1995. The
interim EAD will be granted for a period not to exceed 240
days and is subject to the conditions noted on the document.

Who May File This Form I-765?
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. In order to determine your eligibility, you must
identify the category in which you are eligible and fill in that
category in Question 16 on the Form I-765. Enter only one of
the following category numbers on the application form. For
example, if you are a refugee applying for an EAD, you
should write "(a)(3)" at Question 16.
For easier reference, the categories are subdivided as follows:

Page No.
Asylee/Refugee and their Spouses and children

1

Nationality Categories

2

Foreign Students

2

Form I-765 Instructions (Rev. 07/30/07) Y

Eligible Dependents of Employees of Diplomatic
Missions, International Organizations or NATO
Employment-Based Nonimmigrants
Family-Based Nonimmigrants
Adjustment of Status Categories
Other Categories

3
3
4
4
5

1. Asylee/Refugee Categories.
A. Refugee--(a)(3). File your EAD application with

either a copy of your Form I-590, Registration for
Classification as Refugee, approval letter or a copy of
a Form I-730, Refugee/ Asylee Relative Petition,
approval notice.

B. Paroled as a Refugee--(a)(4). File your EAD

application with a copy of your Form I-94, Arrival and
Departure Record.

C. Asylee (Granted Asylum)--(a)(5). File your EAD

application with a copy of the USCIS letter, or judge's
decision, granting you asylum. It is not necessary to
apply for an EAD as an asylee until 90 days before the
expiration of your current EAD.

D. Asylum Applicant (With a Pending Asylum
Application)Who Filed for Asylum on or
After January 4, 1995--(c)(8). (For specific
instructions for applicants with pending asylum
claims, see Page 5).

2. Nationality Categories.
A. Citizen of Micronesia, the Marshall Islands or
Palau--(a)(8). File your EAD application 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, pursuant to
agreements between the United States and the former
trust territories.

B. Deferred Enforced Departure (DED) /
Extended Voluntary Departure--(a)(11). File

your EAD application with evidence of your identity
and nationality.

C. Temporary Protected Status (TPS)--(a)(12).

File your EAD application with Form I-821,
Application for Temporary Protected Status. If you
are filing for an initial EAD based on your TPS status,
include evidence of identity and nationality as required
by the Form I-821 instructions.

D. Temporary Treatment Benefits --(c)(19). For an
EAD based on 8 CFR 244.5. Include evidence of
nationality and identity as required by the Form I-821
instructions.

1. Extension of TPS status: include a copy (front and
back) of your last available TPS document: EAD,
Form I-94 or approval notice.
2. Registration for TPS only without employment
authorization: file the Form I-765, Form I-821, and
a letter indicating that this form is for registration
purposes only. No fee is required for the Form I-765
filed as part of TPS registration. (Form I-821 has
separate fee requirements.)

E. NACARA Section 203 Applicants Who Are
Eligible to Apply for NACARA Relief With
USCIS--(c)(10). See the instructions to Form I-881,

Application for Suspension of Deportation or Special
Rule Cancellation of Removal, to determine if you are
eligible to apply for NACARA 203 relief with USCIS.

If you are eligible, follow the instructions below and
submit your Form I-765 at the same time you file your
Form I-881 application with USCIS:
1. If you are filing a Form I-881 with USCIS, file your
EAD application at the same time and at the same
filing location. Your response to Question 16 on the
Form I-765 should be "(c)(10)."
2. If you have already filed your I-881 application at
the service center specified on the Form I-881, and
now wish to apply for employment authorization,
your response to Question 16 on Form I-765 should
be "(c)(10)." You should file your EAD
application at the Service Center designated in
"Where to File" of these instructions.
3. If you are a NACARA Section 203 applicant who
previously filed a Form I-881 with USCIS, and the
application is still pending, you may renew your
EAD. Your response to Question 16 on Form I-765
should be "(c)(10)." Submit the required fee and
the EAD application to the service center designated
in "Where to File" of these instructions.

F. Dependent of TECRO E-1 Nonimmigrant--(c).
File your EAD application with 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 of the Taipei Economic
and Cultural Representative Office.

Form I-765 Instructions (Rev. 07/30/07) Y Page 2

3. Foreign Students.
A. F-1 Student Seeking Optional Practical
Training in an Occupation Directly Related
to Studies--(c)(3)(i). File your EAD application
with a Certificate of Eligibility of Nonimmigrant
(F-1) Student Status (Form I-20 A-B/I-20 ID)
endorsed by a Designated School Official within the
past 30 days.

B. F-1 Student Offered Off-Campus
Employment Under the Sponsorship of a
Qualifying International Organization-- (c)
(3)(ii). File your EAD application with the

international organization's letter of certification 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/ -20 ID)
endorsed by the Designated School Official within the
past 30 days.

C. F-1 Student Seeking Off-Campus
Employment
Due to Severe Economic
Hardship--(c)(3)(iii). File your EAD application
with Form I-20 A-B/I-20 ID, Certificate of Eligibility
of Nonimmigrant (F-1) Student Status -- For
Academic and Language Students, and any evidence
you wish to submit, such as affidavits, that detail the
unforeseen economic circumstances that cause your
request, and evidence you have tried to find offcampus employment with an employer who has filed
a labor and wage attestation.

D. J-2 Spouse or Minor Child of an Exchange
Visitor--(c)(5). File your EAD application with a

copy of your J-1's (principal alien's) Certificate of
Eligibility for Exchange Visitor (J-1) Status (Form
IAP-66). You must submit a written statement, with
any supporting evidence showing, that your
employment is not necessary to support the J-1 but is
for other purposes.

E. M-1 Student Seeking Practical Training After
Completing Studies--(c)(6). File your EAD
application with a completed Form I-539, Application
to Change/Extend Nonimmigrant Status. Form I-20 MN, Certificate of Eligibility for Nonimmigrant (M-1)
Student Status -- For Vocational Students endorsed by
the Designated School Official within the past 30 days.

4. Eligible Dependents of Employees of Diplomatic
Missions, International Organizations, or NATO.
A. Dependent of A-1 or A-2 Foreign Government
Officials--(c)(1). Submit your EAD application with

Form I-566, Inter-Agency Record of Individual
Requesting Change/Adjustment to, or from, A or G
Status; or Requesting A, G, or NATO Dependent
Employment Authorization, through your diplomatic
mission to the Department of State (DOS). The DOS
will forward all favorably endorsed applications directly
to the Nebraska Service Center for adjudication.

B. Dependent of G-1, G-3 or G-4 Nonimmigrant-(c)(4). Submit your EAD application with a Form
I-566, Inter-Agency Record of Individual Requesting
Change/Adjustment to or from A or G Status; or
Requesting A, G, or NATO Dependent Employment
Authorization, through your international organization
to the Department of State (DOS). [In New York City,
the United Nations (UN) and UN missions should
submit such applications to the United States Mission
to the UN (USUN).] The DOS or USUN will forward
all favorably endorsed applications directly to the
Nebraska Service Center for adjudication.

C. Dependent of NATO-1 Through NATO-6--(c)
(7). Submit your EAD application with Form I-566,

Inter-Agency Record of Individual Requesting
Change/ Adjustment to, or from, A or G Status; or
Requesting A, G or NATO Dependent Employment
Authorization, to NATO SACLANT, 7857 Blandy
Road, C-027, Suite 100, Norfolk, VA 23551-2490.
NATO/SACLANT will forward all favorably endorsed
applications directly to the Nebraska Service Center
for adjudication.

5. Employment-Based Nonimmigrant Categories.
A. B-1 Nonimmigrant Who is the Personal or
Domestic Servant of a Nonimmigrant
Employer--(c)(17)(i). File the EAD application
with:

1. 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
you were employed for at least one year by the
employer before the employer entered the United
States or your employer regularly employs personal
and domestic servants and has done so for a period
of years before coming to the United States; and

Form I-765 Instructions (Rev. 07/30/07) Y Page 3

2. Evidence that you have either worked for this
employer as a personal or domestic servant for at
least one year or, evidence that you have at least one
year's experience as a personal or domestic servant;
and
3. Evidence establishing that you have a residence
abroad which you have no intention of abandoning.

B. B-1 Nonimmigrant Domestic Servant of a
U.S. Citizen-- (c)(17)ii). File your EAD application
with:

1. Evidence from your employer that he or she is a
U.S. citizen; and
2. 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 four 4 years; and
3. Evidence that he or she has employed you as a
domestic servant abroad for at least six months prior
to your admission to the United States.

C. B-1 Nonimmigrant Employed by a Foreign
Airline--(c)(17)(iii). File your EAD application

with a letter from the airline fully describing your
duties and indicating 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 in effect between the United States and
that country.

D. Spouse of an E-1/E-2 Treaty Trader or
Investor--(a)(17). File your EAD application

with evidence of your lawful status and evidence
you are a spouse of a principal E-1/E-2, such as your
Form I-94. (Other relatives or dependents of E-1/E-2
aliens who are in E status are not eligible for
employment authorization and may not file under
this category.)

E. Spouse of an L-1 Intracompany Transferee-(a)(18). File your EAD application with evidence of

your lawful status and evidence you are a spouse of a
principal L-1, such as your I-94. (Other relatives or
dependents of L-1 aliens who are in L status are not
eligible for employment authorization and may not
file under this category.)

6. Family-Based Nonimmigrant Categories.
A. K-1 Nonimmigrant Fiance(e) of U.S. Citizen or
K-2 Dependent--(a)(6). File your EAD application
if you are filing within 90 days from the date of entry.
This EAD cannot be renewed. Any EAD application
other than for a replacement must be based on your
pending application for adjustment under (c)(9).

B. K-3 Nonimmigrant Spouse of U.S. Citizen or
K-4 Dependent--(a)(9). File your EAD application
along with evidence of your admission such as copies
of your Form I-94, passport, and K visa.

C. Family Unity Program--(a)(13). If you are filing

for initial or extension Family Unity benefits complete
and submit Form I-817, Application for Voluntary
Departure Under the Family Unity Program. An
Employment Authorization Document (EAD) will be
issued if your I-817 is approved, no I-765 application
is necessary.

If your non-expired Family Unity EAD is lost or stolen
file an I-765 application with proper fee(s), along with
a copy of your approval notice for Family Unity
benefits, to request a replacement.

D. LIFE Family Unity--(a)(14). If you are applying

for initial employment authorization pursuant to the
Family Unity provisions of section 1504 of the LIFE
Act Amendments, or an extension of such
authorization, you should not be using this form.
Please obtain and complete a Form I-817, Application
for Family Unity Benefits. If you are applying for a
replacement EAD that was issued pursuant to the LIFE
Act Amendments Family Unity provisions, file your
EAD application with the required evidence listed in
the "Required Document" section of these instructions.

E. V-1, V-2 or V-3 Nonimmigrant--(a)(15). If you

have been inspected and admitted to the United States
with a valid V visa, file this application along with
evidence of your admission, such as copies of your
Form I-94, passport, and K visa. If you have been
granted V status while 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 may file this application at the same time as you
file your application for V status. USCIS will
adjudicate this application after adjudicating your
application for V status.

Form I-765 Instructions (Rev. 07/30/07) Y Page 4

7. EAD Applicants Who Have Filed for Adjustment
of Status.
A. Adjustment Applicant--(c)(9). File your EAD

application with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending.
You may file Form I-765 together with your Form
I-485.

B. Adjustment Applicant Based on Continuous
Residence Since January 1, 1972--(c)(16). File

your EAD application with your Form I-485,
Application for Permanent Residence; a copy of your
receipt notice; or other evidence that the Form I-485 is
pending.

C. 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 must also include evidence of your
meaningful progress toward completing the
national interest waiver obligation. Such evidence
includes documentation of employment in any
period during the previous 12 months (e.g. copies
of 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 future intent to work in the
national interest waiver employment.
8. Other Categories.
A. N-8 or N-9 Nonimmigrant--(a)(7). File your EAD
application with the required evidence listed in the
"Required Document" section of these instructions.

B. Granted Withholding of Deportation or
Removal (a)(10). File your EAD application with a

copy of the Immigration Judge's order. It is not
necessary to apply for a new EAD until 90 days before
the expiration of your current EAD.

C. Applicant for Suspension of Deportation--(c)
(10). File your EAD application with evidence that
your Form I-881, Application for Suspension of
Deportation, or EOIR-40, is pending.

D. Paroled in the Public Interest--(c)(11). File your
EAD application if you were paroled into the United
States for emergent reasons or reasons strictly in the
public interest.

E. Deferred Action--(c)(14). File your EAD

application with a copy of the order, notice or
document placing you in deferred action and evidence
establishing economic necessity for an EAD.

F. Final Order of Deportation--(c)(18). File your

EAD application with a copy of the order of
supervision and a request for employment
authorization which may be based on, but not limited
to the following:

1. Existence of a dependent spouse and/or children in
the United States who rely on you for support; and
2. Existence of economic necessity to be employed;
3. Anticipated length of time before you can be
removed from the United States.

G. LIFE Legalization Applicant--(c)(24). We

encourage you to file your EAD application
together with your Form I-485, Application to Register
Permanent Residence or Adjust Status, to facilitate
processing. However, you may 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.

H. T-1 Nonimmigrant--(a)(16). If you are applying
for initial employment authorization as a T-1
nonimmigrant, file this form only if you did not
request an employment authorization document when
you applied for T nonimmigrant status. If you have
been granted T status and this is a request for a
renewal or replacement of an employment
authorization document, file this application along
with evidence of your T status, such as an approval
notice.

I. T-2, T-3, or T-4 Nonimmigrant--(c)(25). File this
form with a copy of your T-1's (principal alien's)
approval notice and proof of your relationship to the
T-1 principal.

Form I-765 Instructions (Rev. 07/30/07) Y Page 5

Required Documentation.
All applications must be filed with the documents
required below, in addition to the particular evidence
required for the category listed in "Who May File This
Form I-765" with fee, if required.
If you are required to show economic necessity for your
category, submit a list of your assets, income and
expenses.
Please assemble the documents in the following order:
1. Your application with the filing fee. See "What Is the
Filing Fee" for details.
2. If you are mailing your application to USCIS, you must
also submit:
A. A copy of Form I-94 Departure Record (front and
back), if available. If you are filing an I-765 under the
(c) (9) category, an I-94 record need not submitted.
B. A copy of your last EAD (front and back). If no prior
EAD has been issued, you must submit a copy of a
federal government issued identity document, such as a
passport showing your picture, name, and date of birth; a
birth certificate with photo ID; a visa issued by a foreign
consulate; or a National ID document with photo and/or
fingerprint. The identity document photocopy must
clearly show the facial features of the applicant and the
biographical information.
C. You must submit two identical color photographs of
yourself taken within 30 days of the filing of this
application. The photos must have a white to off-white
background, be printed on thin paper with a glossy
finish, and be unmounted and unretouched.
The passport-style photos must be 2" x 2." The photos
must be in color with full face, frontal view on a white
to off-white background. Head height should measure
1" to 1 3/8" from top of hair to bottom of chin, and eye
height is between 1 1/8" to 1 3/8" from bottom of
photo. Your head must be bare unless you are wearing
a headdress as required by a religious order of which
you are a member. Using pencil or felt pen, lightly
print your name and Alien Receipt Number on the back
of the photo.

Special Filing Instructions for Those With
Pending AsylumApplications ((c)(8)).
Asylum Applicant (with a pending asylum application)
who Filed for Asylum on or after January 4, 1995. You
must wait at least 150 days following the filing of your asylum
claim before you are eligible to apply for an EAD. If you file
your EAD application early, it will be denied. File your EAD
application with:
1. A copy of the USCIS acknowledgement mailer which was
mailed to you; or
2. Other evidence that your Form I-589 was filed with
USCIS; or
3. Evidence that your Form I-589 was filed with an
Immigration Judge at the Executive Office for Immigration
Review (EOIR); or
4. Evidence that your asylum application remains under
administrative or judicial review.
Asylum Applicant (with a pending asylum application)
who filed for Asylum and for Withholding of Deportation
prior to January 4, 1995 and is NOT in Exclusion or
Deportation Proceedings.
You may file your EAD application at any time; however, it
will only be granted if USCIS finds that your asylum
application is not frivolous. File your EAD application with:
1. A complete copy of your previously filed Form I-589; AND
2. A copy of your USCIS receipt notice; or
3. A copy of the USCIS acknowledgement mailer; or
4. Evidence that your Form I-589 was filed with EOIR; or
5. Evidence that your asylum application remains under
administrative or judicial review; or
6. A copy of the USCIS acknowledgement mailer; or
Asylum applicant (with a pending asylum application) who
filed an Initial Request for Asylum prior to January 4,
1995, and IS IN Exclusion or Deportation Proceedings. If
you filed your Request for Asylum and Withholding of
Deportation (Form I-589) prior to January 4, 1995 and you
ARE IN exclusion or deportation proceedings, file your EAD
application with:
1. A date-stamped copy of your previously filed Form I-589; or

Form I-765 Instructions (Rev. 07/30/07) Y Page 6

2. A copy of Form I-221, Order to Show Cause and Notice
of Hearing, or Form I-122, Notice to Applicant for
Admission Detained for Hearing Before Immigration
Judge; or

What is the Filing Fee?
The filing fee for Form I-765 is $340.00.

3. A copy of EOIR-26, Notice of Appeal, date stamped by
the Office of the Immigration Judge; or

Exceptions:

4. A date-stamped copy of a petition for judicial review or
for habeas corpus issued to the asylum applicant; or

Initial EAD: If this is your initial application and you are
applying under one of the following categories, a filing fee is
not required:

5. Other evidence that you filed an asylum application
with EOIR.
Asylum application under the ABC Settlement
Agreement--(c)(8). If you are a Salvadoran or Guatemalan
national eligible for benefits under the ABC settlement
agreement, American Baptist Churches v. Thornburgh , 760 F.
Supp. 976 (N.D. Cal. 1991), please follow the instructions
contained in this section when filing your Form I-765.
You must have asylum application (Form I-589) on file either
with USCIS or with an immigration judge in order to receive
work authorization. Therefore, please submit evidence that
you have previously filed an asylum application when you
submit your EAD application. You are not required to submit
this evidence when you apply, but it will help USCIS process
your request efficiently.
If you are renewing or replacing your EAD, you must pay the
filing fee.
Mark your application as follows:
1. Write "ABC" in the top right corner of your EAD
application. You must identify yourself as an ABC class
member if you are applying for an EAD under the ABC
settlement agreement.
2. Write "(c)(8)" in Section 16 of the application.
You are entitled to an EAD without regard to the merits of
your asylum claim. Your application for an EAD will be
decided within 60 days if: (1) you pay the filing fee, (2) you
have a complete, pending asylum application on file, and (3)
write "ABC" in the top right corner of your EAD application.
If you do not pay the filing fee for an initial EAD request,
your request may be denied if USCIS finds that your asylum
application is frivolous. However, if you cannot pay the filing
fee for an EAD, you may qualify for a fee waiver under 8 CFR
103.7(c).

1. (a)(3) Refugee;
2. (a)(4) Paroled as Refugee;
3. (a)(5) Asylee;
4. (a)(7) N-8 or N-9 nonimmigrant;
5. (a)(8) Citizen of Micronesia, Marshall Islands or Palau;
6. (a)(10) Granted Withholding of Deportation;
7. (a)(11) Deferred Enforced Departure;
8. (a)(16) Victim of Severe Form of Trafficking (T-1);
9. (c)(1), (c)(4), or (c)(7) Dependent of certain foreign
government, international organization, or NATO
personnel; or
10. (c)(8) Applicant for asylum [an applicant filing under the
special ABC procedures must pay the fee].

Renewal EAD: If this is a renewal application and you are
applying under one of the following categories, a filing fee is
not required:

1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
2. (a)(10) Granted Withholding of Deportation;
3. (a)(11) Deferred Enforced Departure; or
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign
government, international organization, or NATO
personnel.

Replacement EAD: If this is your replacement application

and you are applying under one of the following categories, a
filing fee is not required:
1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign
government, international organization, or NATO
personnel.

Form I-765 Instructions (Rev. 07/30/07) Y Page 7

Incorrect Card: No fee is required if you are filing only
because the card issued to you was incorrect due to a USCIS
administrative error. However, if the error was not caused by
USCIS, both application and biometrics fees are required.
You may be eligible for a fee waiver under 8 CFR 103.7(c).
USCIS will use the Poverty Guidelines published annually by
the Department of Health and Human Services as the basic
criteria in determining the applicant's eligibility when
economic necessity is identified as a factor.
The Poverty Guidelines will be used as a guide, but not as a
conclusive standard, in adjudicating fee waiver requests for
employment authorization applications requiring a fee.
Use the following guidelines when you prepare your check or
money order for the Form I-765 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."

How to Check If the Fees Are Correct.
The form fee on this form is current as of the edition date
appearing in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below:
1. Visit our website at www.uscis.gov, select "Immigration
Forms" check the appropriate fee;
2. Review the Fee Schedule included in your form package, if
you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

Where to File?
E-Filing Form I-765: Certain Form I-765 filings may be
electronically filed (E-Filed) with USCIS. Please view our
website at www.uscis.gov for a list of who is eligible to e-file
this form and instructions.
If your response to Question 16 is (a)(3), admitted as a
refugee, (a)(4), paroled as a refugee, (a)(5), asylum granted,
(a)(7), N-8 or N-9 nonimmigrant, or (a)(8), admitted as citizen
of the Federated States of Micronesia or of the Marshall
Islands mail your application to:
USCIS
Nebraska Service Center
P.O. Box 87765
Lincoln, NE 68501-7765

Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.

For private courier (non-USPS) deliveries:

You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.

1. (a)(10), an alien granted withholding of deportation or
removal;

USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
If your response to Question 16 is:

2. (c)(11), an alien paroled into the United States temporarily
for emergency reasons, or reasons deemed strictly in the
public interest;

Form I-765 Instructions (Rev. 07/30/07) Y Page 8

3. (c)(14), an alien who has been granted deferred action,
(exception: if the grant of deferred action was based on an
approved Form I-360 petition filed for a battered or abused
spouse or child file your Form I-765 with the Vermont
Service Center at the address below);
4. (c)(16), an alien who has filed an application for creation of
record of lawful admission for permanent residence; or
5. (c)(18), an alien against whom a final order of deportation
or removal exists and who is released on an order of
supervision, mail your application to the following
address:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
If your response to Question 16 is (c)(14), an alien who has
been granted deferred action based on an approved Form I-360
petition filed for a battered or abused spouse or child, (a)(16),
victim of trafficking, or (c)(25), immediate family member of
a T-1 victim of severe form of trafficking in persons, send
your application to (this address may be used for both US
Postal Service and private courier deliveries):
USCIS
Vermont Service Center
Attn: I-765
75 Lower Welden St.
St. Albans, VT 05479-0001
If your response to Question 16 is (a)(14), an alien granted
family unity benefits under Section 1504 of the LIFE Act, or
(c)(24), an alien who has filed for adjustment pursuant to
section 1104 of the LIFE Act, mail your application to:
USCIS
P.O. Box 7219
Chicago, IL 60680-7219
If your response to Question 16 is (a)(15), any alien in V
nonimmigrant status, mail your application to:
USCIS
P.O. Box 7216
Chicago, IL 60680-7216
If your response to Question 16 is (a)(12), alien granted
Temporary Protected Status, or (c)(19), alien who has a
pending application for TPS, mail your application according
to the instructions in the Federal Register notice for your
particular country's TPS designation.

If you need to replace a valid lost, stolen or mutilated
Temporary Protected Status EAD, send your application to
(this address may be used for both US Postal Service and
private courier deliveries):
USCIS
Vermont Service Center
Attn: TPS
75 Lower Welden St.
St. Albans, VT 05479-0001
If your response to Question 16 is (c)(1), alien spouse or
unmarried dependent child, son or daughter of a foreign
government official, or (c)(4), eligible dependent of a G-1,
G-3 or G-4 non-immigrant, or (c)(7), dependent of a NATO 1
through NATO 7, submit your application through your
principal's sponsoring organization. Your application will be
reviewed and forwarded by DOS, USUN, or NATO/
SACLANT to the Nebraska Service Center following
certification of your eligibility for an EAD.
If your response to Question 16 is (c)(8) under the special
ABC filing instructions, and you are filing your Form I-589
Application for Asylum and this application together, mail
your applications to the office where you will file your asylum
application. Otherwise, for all other (c)(8) filings, see
additional instructions below.
If your response to Question 16 is (c)(9) and you filed your
I-485 application with the USCIS Chicago Lockbox Facility,
file your Form I-765 with the following address (if you filed
your Form I-485 with a USCIS service center, see instructions
below):
USCIS Lockbox Addresses:
For United States Postal Service (USPS) deliveries:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
For private courier (non-USPS) deliveries:
USCIS
Attn: FBASI
427 S. LaSalle, 3rd Floor
Chicago, IL 60605-1029
Otherwise, if you filed your I-485 adjustment application with
a USCIS service center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses).

Form I-765 Instructions (Rev. 07/30/07) Y Page 9

Nebraska Service Center Filings
File Form I-765 alone or concurrently with Form I-485 with
the Nebraska Service Center if you live in:
Alaska, Arizona, California, Colorado, Guam, Hawaii,
Idaho, Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Montana, Nebraska, Nevada, North
Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin or Wyoming.
If you are filing Form I-765 alone, mail your Form I-765
package to:
USCIS
Nebraska Service Center
P.O. Box 87765
Lincoln, NE 68501-7765
If you are filing Form I-765 concurrently with Form I-485,
mail to:
USCIS
Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225

For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
If your response to Question 16 is:
1. (a)(6), alien admitted as a nonimmigrant fiancé(e) pursuant
to section 101(a)(15) (K)(i);
2. (a)(11), alien granted extended voluntary departure by the
Secretary as a member of a nationality group pursuant to a
request by the Secretary of State;
3. (a)(13), alien granted voluntary departure under the Family
Unity Program;
4. (a)(17), spouse of a treaty trader, investor;
5. (a)(18), spouse of an intracompany transferee;
6. (c)(2), alien spouse or unmarried dependent son or
daughter of an employee of the Coordination Council for
North American Affairs;
7. (c)(3)(i), F-1 student seeking optional practical training;
8. (c)(3)(ii), F-1 student offered employment under the
sponsorship of an international organization;
9. (c)(3)(iii), F-1 student seeking employment because of
severe economic hardship;

Texas Service Center Filings

10. (c)(5), spouse or minor child of an exchange visitor (J-2);

File Form I-765 with the Texas Service Center if you live in:

11. (c)(6), M-1 student seeking employment for practical
training;

Alabama, Arkansas, Connecticut, Florida, Georgia,
Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New Mexico,
New York, North Carolina, South Carolina, Oklahoma,
Pennsylvania, Puerto Rico, Rhode Island, Tennessee,
Texas, Vermont, Virginia, U.S. Virgin Islands, West
Virginia or Washington, DC.
If you are filing Form I-765 concurrently with Form I-485,
mail your Form I-765 to the address you will use to file
Form I-485.
If you are filing Form I-765 alone, mail your Form I-765
package to:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041

12. (c)(8), an alien who has filed an application for asylum or
withholding of deportation or removal;
13. (c)(17)(i), a visitor for business (B-1) who is the personal
or domestic servant who is accompanying or following to
join an employer;
14. (c)(17)(ii), a domestic servant of a U.S. citizen
accompanying or following to join his or her U.S. citizen
employer who has a permanent home or is stationed in a
foreign country; or
15. (c)(17)(iii), an employee of a foreign airline engaged in
international transportation of passengers freight:
mail your application to the appropriate Service Center
depending on where you live (see chart on the following
page).

Form I-765 Instructions (Rev. 07/30/07) Y Page 10

If you live in:
Connecticut
D.C.
Maryland
New Hampshire
New York
Puerto Rico
Vermont
West Virginia

Delaware
Maine
Massachusetts
New Jersey
Pennsylvania
Rhode Island
Virginia
U.S.V.I.

Arizona
Guam
Nevada

California
Hawaii

Mail your application to:
For both US Postal
Service and private
courier deliveries:
USCIS
Vermont Service Center
ATTN: I-765
75 Lower Welden Street
St. Albans, VT
05479-0001
US Postal Service
deliveries:

USCIS

California Service Center
P.O. Box 10765
Laguna Niguel, CA
92607-1076
For private courier (nonUSPS) deliveries:
USCIS
California Service Center
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677

Alabama
Florida
Kentucky
Mississippi
North Carolina
South Carolina
Texas

Arkansas
Georgia
Louisiana
New Mexico
Oklahoma
Tennessee

US Postal Service
deliveries:

USCIS Service Center

Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (nonUSPS) deliveries:

USCIS

Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227
Alaska
Idaho
Indiana
Kansas
Minnesota
Montana
North Dakota
Oregon
Utah
Wisconsin

Colorado
Illinois
Iowa
Michigan
Missouri
Nebraska
Ohio
South Dakota
Washington
Wyoming

US Postal Service
deliveries:

USCIS Service Center
Nebraska Service Center
P.O. Box 87765
Lincoln, NE 68501-7765
For private courier (nonUSPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225

If your response to Question 16 is:
1. (a)(9), admitted as a K-3 spouse or K-4 dependant; or
2. (c)(10), and you are a NACARA 203 applicant eligible to
apply for relief with USCIS, or if your I-881 application is
still pending with USCIS and you wish to renew your
EAD:
mail your EAD application with the required fee to the
appropriate USCIS service center below:
If you live in Alabama, Arkansas, Colorado, Connecticut,
Delaware, the District of Columbia, Florida, Georgia,
Louisiana, Maine, Maryland, Massachusetts, Mississippi,
New Hampshire, New Jersey, New Mexico, New York,
North Carolina, Oklahoma, Pennsylvania, Puerto Rico,
Rhode Island, South Carolina, Tennessee, Texas, Utah, the
U.S. Virgin Islands, Vermont, Virginia, West Virginia or
Wyoming, send your application to (this address may be
used for both US Postal Service and private courier
deliveries):
USCIS
Vermont Service Center
Attn: I-765
75 Lower Welden St.
St. Albans, VT 05479-0001
If you live in Alaska, Arizona, California, the
Commonwealth of Guam, Hawaii, Idaho, Illinois, Indiana,
Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri,
Montana, Nebraska, Nevada, North Dakota, Oregon, Ohio,
South Dakota, Washington or Wisconsin, mail your
application to:
USCIS
California Service Center
P.O. Box 10765
Laguna Niguel, CA 92607-1076
For private courier (non-USPS) deliveries:
USCIS
California Service Center
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677
NOTE: You should submit the fee for the EAD
application on a separate check or money order. Do not
combine your check or money order with the fee for the
Form I-881.

Form I-765 Instructions (Rev. 07/30/07) Y Page 11

If your response to Question 16 is (c)(10) and you are not
eligible to apply for NACARA 203 relief with USCIS, but you
are eligible for other deportation or removal relief, mail your
application to the following address:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120

Questions Regarding Form I-765
For additional information about Form I-765, including how to
file your application or filing locations not mentioned, call the
USCIS National Customer Service Center at 1-800-375-5283
or visit our website at www.uscis.gov.

Processing Information.
Any Form I-765 that is not signed or accompanied by the
correct fee, will be rejected with a notice that the Form
I-765 is deficient. You may correct the deficiency and
resubmit the Form I-765. An application or petition is not
considered properly filed until accepted by USCIS.

Initial processing. Once a Form I-765 has been accepted, it

will be checked for completness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without required initial evidence, you will not
establish a basis for eligibility and we may deny your Form
I-765.

Requests for more information or interview. We may

request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.

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

Denial. If your application cannot be granted, you will
receive a written notice explaining the basis of your denial.

Penalties.
If you knowingly and willfully falsify or conceal a material fact
or submit a false document with this Form I-765, we will deny
the Form I-765 and may deny any other immigration benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

USCIS Forms and Information.
To order USCIS forms, call our toll-free number at 1-800870-3676. You can also get USCIS forms and information on
immigration laws, regulations and procedures by telephoning
our National Customer Service Center at 1-800-375-5283 or
visiting our internet website at www.uscis.gov.
As an altenative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Paperwork Reduction Act.
Authority for Collecting This Information. The

authority to require you to file Form I-765, Application for
Employment Authorization, when applying for employment
authorization is found at sections 103(a) and 274A(h)(3) of the
Immigration and Nationality Act. Information you provide on
your Form I-765 is used to determine whether you are eligible
for employment authorization and for the preparation of your
Employment Authorization Document if you are found
eligible. Failure to provide all information as requested may
result in the denial or rejection of this application. The
information you provide may also be disclosed to other federal,
state, local and foreign law enforcement and regulatory
agencies during the course of the USCIS investigations.

An agency may not conduct or sponsor an information
collection and a person is not required to respond to a collection
of information unless it displays a currently valid OMB control
number. The public reporting burden for this collection of
information is estimated at 3 hours and 25 minutes per
response, including the time for reviewing instructions,
completing and submitting the form. Send comments regarding
this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to:
U.S. Citizenship and Immigration Services, Regulatory
Management Division, 111 Massachusetts Avenue, N.W., 3rd
Floor, Suite 3008, Washington, DC 20529. OMB No.
1615-0040. Do not mail your application to this address.
Form I-765 Instructions (Rev. 07/30/07) Y Page 12