Application for Employment Authorization

I765-INS-AC21NPRM-12242015

Application for Employment Authorization

OMB: 1615-0040

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Instructions for I-765, Application for
Employment Authorization

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

What Is the Purpose of This Form?
Certain aliens who are temporarily in the United States may
file 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 must also use this form to apply to USCIS
for a document that shows such authorization. Review
Eligibility Categories to determine whether you should use
this form.

For easier reference, the categories are subdivided as follows:
Asylee/Refugee and Their Spouses and Children
Nationality Categories
Foreign Students

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Eligible Dependents of Employees of Diplomatic
Missions, International Organization, or NATO

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Employment-Based Nonimmigrants

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), do not use this form.

Family-Based Nonimmigrants
Adjustment-of-Status Categories
Other Categories

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.

B. Paroled as a Refugee--(a)(4). File Form I-765 with
a copy of your Form I-94, Arrival-Departure Record.

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.

Who May File 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 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, type or
print "(a)(3)" at Question 16.

Asylee/Refugee Categories (and their Spouse and
Children
A. Refugee--(a)(3). File Form I-765 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.

Renewal EAD: An EAD issued to an eligible applicant upon
the expiration of a previous EAD issued under the same
category.

Interim EAD: An EAD issued to an eligible applicant when
USCIS has failed to adjudicate an application within 90 days
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. The Interim
EAD provisions apply to individuals filing Form I-765 based
on Consideration of Deferred Action for Childhood Arrivals
only after a determination on deferred action is reached.

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C. Asylee (Granted Asylum)--(a)(5). File Form I-765
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
section entitled "Special Filing Instructions for
Those with Pending Asylum Applications ((c)(8))."

Nationality Categories
A. Citizen of Micronesia, the Marshall Islands, or
Palau--(a)(8). 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 under agreements between the
United States and the former trust territories.
B. Deferred Enforced Departure (DED)/Extended
Voluntary Departure--(a)(11). File Form I-765
with evidence of your identity and nationality.

Form I-765 Instructions 02/13/15 Y Page 1

C. Temporary Protected Status (TPS)--(a)(12) and
(c)(19). A category (a)(12) EAD is issued to an
individual granted TPS under 8 CFR 244. A
category (c)(19) EAD is a temporary treatment
benefit under TPS pursuant to 8 CFR 244.5.
To request an EAD based on TPS, file Form I-765
with Form I-821, or with evidence that your initial
Form I-821 was accepted or approved. Include
evidence of nationality and identity as required by the
Form I-821 instructions. If you are requesting
extension of TPS status, also include a copy (front
and back) of your last available TPS document: EAD,
Form I-94, or approval notice.

Foreign Students
A. F-1 Student Seeking Optional Practical Training
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)--17-month extension
for STEM Students (Students With a degree in
Science, Technology, Engineering, or
Mathematics). File Form I-765 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. If you are a
STEM student requesting a 17-month extension
under the eligibility code (c)(3)(C), you must also
submit a copy of your degree and the employer name
as listed in E-Verify, along with the E-Verify
Company Identification Number, or a valid E-Verify
Client Company Identification Number for the
employer with whom you are seeking the 17-month
OPT extension. This information must be provided
in Question 17 of the form.

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To register for TPS, you must file a Form I-765 with
From 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. (Form I-821 has separate fee
requirements.)
If you have been granted TPS by an immigration
judge (IJ) or the Board of Immigration Appeals
(BIA) and are requesting your first EAD, you must
submit evidence of your IJ or BIA grant of TPS with
your application for an EAD along with a copy of
your I-821 application that the IJ or BIA approved.
You must also follow the instructions for filing your
application as described in the most recent TPS
Federal Register notice regarding a TPS designation
or extension for your country. As further instructed
in those notices, once you receive your I-797
application receipt notice, you must also send an
e-mail to [email protected] with the following
information: Your name; your A number; your date
of birth; the receipt number for your application; and
the date you were granted TPS.

D. 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 to USCIS 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. If you file the Form I-765 separately from
the Form I-881 see "Where to File?" instructions.
Your response to Question 16 on the Form I-765 must
be "(c)(10)."
E. Dependent of TECRO E-1 Nonimmigrant--(c)(2).
File Form I-765 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.

B. F-1 Student Offered Off-Campus Employment
Under the Sponsorship of a Qualifying
International Organization--(c)(3)(ii). File Form
I-765 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/
I-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 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, and any evidence you wish to submit, such
as affidavits, that detail the unforeseen economic
circumstances that cause your request, and evidence
that you have tried to find off-campus 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 Form I-765 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 with any supporting
evidence showing that your employment is not
necessary to support the J-1 but is for other purposes.

Form I-765 Instructions 02/13/15 Y Page 2

E. M-1 Student Seeking Practical Training After
Completing Studies--(c)(6). File Form I-765 with a
completed Form I-539, Application to Change/
Extend Nonimmigrant Status, according to the filing
instructions for Form I-539. 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, with your
application.
4.

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 1 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

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's experience as a personal or domestic
servant; and

Eligible Dependents of Employees of Diplomatic
Missions, International Organizations, or NATO

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A. 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, 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 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
(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 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 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 Form I-765 with:

Evidence establishing that you have a residence
abroad that you have no intention of abandoning.

B. B-1 Nonimmigrant Domestic Servant of a U.S.
Citizen--(c)(17)(ii). File Form I-765 with:
1.

Evidence from your employer that he or she is a
U.S. citizen; and

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 that he or she has employed you as a
domestic servant abroad for at least 6 months
prior to your admission to the United States.

C. B-1 Nonimmigrant Employed by a Foreign
Airline-- (c)(17)(iii). File Form I-765 with a letter
from the airline fully describing your duties and
stating 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) or Spouse of an E-3 Certain Specialty of
Occupation Professional from Australia. File
Form I-765 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, and a copy of the principal's
visa, and your marriage certificate. (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 Form I-765 with evidence of your
lawful status and evidence you are a spouse of a
principal L-1, such as your Form I-94, and a copy of
the principal's visa and your marriage certificate.
(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.)
Form I-765 Instructions 02/13/15 Y Page 3

F. Spouse of an E-2 CNMI Investor--(c)(12). File
Form I-765 with evidence of your lawful status and
evidence you are a spouse of a principal E-2 CNMI
Investor, and a copy of the principal E-2 CNMI
Investors long-term business certificate or Foreign
Investment Certificate. (Please note that spouse of a
principal E-2 CNMI Investor who obtained status on
the basis of a Foreign Retiree Investment
Certification is not eligible for employment
authorization and may not file under this category.)

b. H-1B Principal Received AC21 106(a)
and (b) Extension. Submit evidence that
the principal H-1B nonimmigrant has
received an extension of stay under AC21
106(a) and (b). You may show this by
submitting copies of the H-1B principal's
passports, prior Forms I-94, and current and
prior Forms I-797 for Form I-129. In
addition, please submit evidence to establish
one of the following bases for the H-1B
extension of stay:

G. Spouse of an H-1B Nonimmigrant--(c)(26). File
Form I-765 along with documentation of your current
H-4 admission or extension of stay. You must also
submit documentation establishing either that the
H-1B principal has an approved Immigrant Petition
for Alien Worker (Form I-140), or that your current
H-4 admission or extension of stay was approved
pursuant to the principal H-1B nonimmigrant's
admission or extension of stay based on sections
106(a) and (b) of the American Competitiveness in the
Twenty-First Century Act (AC21). For your
convenience, you may file Form I-765 with Form
I-539, Application to Extend/Change Nonimmigrant
Status. However, USCIS will not process Form I-765
(except filing fees), until after USCIS has adjudicated
Form I-539. You may also file Form I-765 at the
same time as Form I-539 and Form I-129, Petition for
a Nonimmigrant Worker. Please see the USCIS Web
site at www.uscis.gov/I-765 for the most current
information on where the file this benefit request.

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Proof of Your Status. Submit a copy of your
current Form I-797 approval notice for Form
I-539 or Form I-94 showing your admission as
an H-4 nonimmigrant or your most recent
approved extension of stay; and

Proof of Relationship to the Principal H-1B.
Submit a copy of the marriage certificate for you
and the principal H-1B nonimmigrant. If you
cannot submit a copy of your current Form
I-797, Form I-94, or marriage certificate, USCIS
will consider secondary evidence.

Based on Filing of a Permanent Labor
Certification Application. Submit
evidence that the H-1B principal is the
beneficiary of a Permanent Labor
Certification Application that was filed at
least 365 days prior to the expiration of the
6-year limitation of stay. You may show
this by submitting a copy of a print out from
the Department of Labor's (DOL's) Web site
or other correspondence from DOL showing
the status of the H-1B principal's Permanent
Labor Certification Application. If DOL
certified the Permanent Labor Certification,
you must also submit a copy of Form I-797
Notice of Receipt for Form I-140
establishing that the Form I-140 was filed
within 180 days of DOL certifying the
Permanent Labor Certification; or

Basis for Work Authorization. Acceptable
documentation includes:
a.

Approved Form I-140. Submit evidence that
the H-1B principal is the beneficiary of an
approved Immigrant Petition for Alien
Worker (Form I-140). You may show this by
submitting a copy of the H-1B principal's
Form I-797 approval notice for Form I-140; or

Based on a Pending Form I-140. If the
preference category sought for the principal
H-1B spouse does not require a Permanent
Labor Certification Application with DOL,
submit evidence that the H-1B principal's
Form I-140 was filed at least 365 days prior
to the expiration of the 6-year limitation of
stay and remains pending. You may show
this by submitting a copy of the Form I-797
Notice of Receipt for Form I-140.

Secondary Evidence. If you do not have the
evidence listed in 1, 2, or 3 above, you may ask
USCIS to consider other evidence ("secondary
evidence") in support of your application for
employment authorization as an H-4 spouse.
For example, in establishing the Basis for
Employment Authorization as described in 3a
and 3b, you may submit the receipt number of
the H-1B principal's most current Form I-129
extension of stay or the receipt number of the
H-1B principal's approved Form I-140 petition.
Failure to provide the evidence listed above or
secondary evidence may result in the delay or
denial of your application for employment
authorization. For additional information on
secondary evidence, see Evidence in the
General Instructions section.
Form I-765 Instructions 02/13/15 Y Page 4

H. Beneficiary of an Approved Employment-based
Immigrant Petition Facing Compelling
Circumstances--(c)(35). File Form I-765 along with
documentation that you are in the United States in
E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status,
that an Immigrant Petition for Alien Worker (Form
I-140) was approved on your behalf, and you face
compelling circumstances while you wait for your
immigrant visa to become available. Please see the
USCIS Web site at www.uscis.gov/I-765 for the most
current information on where to file this benefit
request. If you are requesting renewal of employment
authorization under (c)(35), to qualify, you must
continue to be the principal beneficiary of an
approved EB-1, EB-2 or EB-3 immigrant visa petition
and either: (1) you continue to face compelling
circumstances; or (2) you have a priority date that is
less than one year from the current cut-off date for the
relevant employment-based category and country of
nationality in the most recent visa bulletin published
by the Department of State. However, you will not
need to establish nonimmigrant status for the renewal.
1.

Felony or Misdemeanor. If you were ever
convicted of a felony or two or more
misdemeanors committed in the United States,
you cannot be granted employment authorization
under this eligibility category. USCIS will make
the determination as to whether your crimes fall
into either of these categories. You must,
however, provide information and any
supporting documentation on all crimes which
you have committed or were convicted of in the
United States so USCIS can make an appropriate
decision.

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Proof You are in the United States in E-3,
H-1B, H-1B1, O-1, or L-1 Nonimmigrant
Status. For initial applications, submit a copy of
your Arrival-Departure Record (Form I-94)
showing your admission as an E-3, H-1B,
H-1B1, O-1, or L-1 nonimmigrant, or a copy of
your current Form I-797 approval notice for
Form I-129.

Proof of Your Approved Form I-140. Submit
a copy of a Form I-797 approval notice for Form
I-140 showing the Immigrant Petition has been
approved for you.

Evidence You are Facing Compelling
Circumstances While You Wait for Your
Immigrant Visa to Become Available.

Court Disposition Records. If you were ever
arrested, charged, and/or convicted for a criminal
offense, you must provide court disposition
records.
Provide a certified copy of all arrest reports,
court dispositions, sentencing documents, and
any other relevant documents. You may also
include any mitigating evidence concerning the
circumstances of your arrests or convictions that
you would like USCIS to consider if you have
been arrested or convicted of a crime. If you
were placed on probation, you must provide
evidence to show that you completed your
probationary period.
You do not need to submit documentation
concerning minor traffic violations, unless they
were alcohol- or drug-related. However, if you
were arrested for any traffic offense, provide
disposition documentation so USCIS can properly
assess whether your arrest and/or conviction may
relate to your employment authorization
eligibility.

NOTE: Provide the conviction and
disposition documentation even if your
records were sealed, expunged, or otherwise
cleared. You must provide the documentation
even if anyone, including a judge, law
enforcement officer, or attorney told you that
you no longer have a record or that you do not
have to disclose the information.

Failure to provide evidence listed above may
result in the delay or denial of your application
for employment authorization. For additional
information on secondary evidence, see
Evidence in the General Instructions section.

Form I-765 Instructions 02/13/15 Y Page 5

Spouse or Unmarried Dependent Child of a
Principal Beneficiary of an Approved
Employment-based Immigrant Petition--(c)(36).
File Form I-765 along with documentation that your
spouse or parent, who is the principal beneficiary of
an approved immigrant petition as described in
paragraph H, has been granted employment
authorization under eligibility category (c)(35) and,
for initial applications, documentation that you are or
were in the United States in a nonimmigrant status at
the time the principal beneficiary of the employmentbased immigrant petition applied for employment
authorization under section H, above. For your
convenience, you may file your Form I-765 at the
same time as the principal (your spouse or parent)
files Form I-765. However, USCIS will not
adjudicate your Form I-765, until after USCIS has
adjudicated your spouse's or parent's Form I-765. See
the USCIS Web site at www.uscis.gov/I-765 for the
most current information on where to file this benefit
request.
1.

Secondary Evidence. If you do not have the
evidence listed in 1, 2, or 3 above, you may
request USCIS to consider other evidence
("secondary evidence") in support of your
application for employment authorization.
Failure to provide the evidence listed above or
secondary evidence may result in the delay or
denial of your application for employment
authorization. For additional information on
secondary evidence, see Evidence in the
General Instructions section.

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Proof of Your Nonimmigrant Status. For
initial applications, submit a copy of your
Arrival-Departure Record (Form I-94) showing
your admission as a nonimmigrant, a copy of
your current Form I-797 approval notice for
Form I-129, or a copy of your current Form
I-797 approval notice for Form I-539.

Proof of Relationship to the Beneficiary of the
Approved Form I-140. If you are applying as
the spouse of a principal beneficiary of an
approved Form I-140, submit a copy of the
marriage certificate and if applicable, copies of
documents showing the legal termination of all
other marriages by you or your spouse. If you
are applying as the child of a principal
beneficiary of an approved Form I-140, submit a
copy of your birth certificate or other documents
to demonstrate you qualify as the principal
beneficiary's child. If you cannot submit a copy
of your marriage certificate or birth certificate,
USCIS will consider secondary evidence.

Proof the Spouse or Parent Principal was
Granted Employment Authorization Under
Eligibility Category (c)(35). If you submit your
Form I-765 after your spouse or parent receives
employment authorization under eligibility
category (c)(35), submit a copy of your spouse's
or parent's employment authorization document
or submit a copy of your spouse's or parent's
Form I-797 approval notice for Form I-765.

Form I-765 Instructions 02/13/15 Y Page 6

Family-Based Nonimmigrant Categories

A. K-1 Nonimmigrant Fiance(e) of U.S. Citizen or
K-2 Dependent--(a)(6). File Form I-765 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).

EAD Applicants Who Have Filed for Adjustment of
Status
A. Adjustment Applicant--(c)(9). File Form I-765
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
Form I-765 with your Form I-485, Application to
Register for Permanent Residence or Adjust Status; a
copy of your receipt notice; or other evidence that the
Form I-485 is pending.

B. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4
Dependent--(a)(9). File Form I-765 along with
evidence of your admission such as copies of your
Form I-94, passport, and K visa.

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C. Family Unity Program--(a)(13). If you are filing
for initial or extension of Family Unity benefits,
complete and submit Form I-817, Application for
Family Unity Benefits, according to the filing
instructions on Form I-817. An EAD will be issued
if your Form I-817 is approved; you do not need to
submit Form I-765.

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 program.

If your non-expired Family Unity EAD is lost or
stolen, file Form I-765 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 under Family
Unity provisions of section 1504 of the LIFE Act
Amendments, or an extension of such authorization,
you should not use this form. Obtain and complete
Form I-817, Application for Family Unity Benefits.
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.

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.

Other Categories

A. N-8 or N-9 Nonimmigrant--(a)(7). File Form I-765
with the required evidence listed in the "Required
Documentation" section of these instructions.
B. Granted Withholding of Deportation or
Removal (a)(10). File Form I-765 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 Form I-765 with evidence that your Form I-881,
Application for Suspension of Deportation or Special
Rule Cancellation of Removal (Pursuant to Section
203 of Public Law 105-100 (NACARA)), or Form
EOIR-40, is pending.
D. Paroled in the Public Interest--(c)(11). File Form
I-765 if you were paroled into the United States for
emergent reasons or reasons strictly in the public
interest.

Form I-765 Instructions 02/13/15 Y Page 7

E. Deferred Action--(c)(14). File Form I-765 with a
copy of the order, notice, or document reflecting the
exercise of deferred action. To determine your
eligibility for work authorization, you must establish
economic necessity. 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.
Provide this financial information on Form I-765WS,
Form I-765 Worksheet. If you would like to provide
an explanation, complete Part 3. Explanation, of the
worksheet. It is not necessary to submit supporting
documentation, though it will be accepted and
reviewed if you choose to submit it.

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F. Consideration of Deferred Action for Childhood
Arrivals--(c)(33).
1.

You must file Form I-765 with Form I-821D if
you meet the guidelines described in the Form
I-821D Filing Instructions. Enter (c)(33) in
Question 16 as the letter and number of the
category for which you are applying.
a.

To determine your eligibility for work
authorization, you must establish economic
necessity. 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. Provide this
financial information on Form I-765WS,
Form I-765 Worksheet. If you would like
to provide an explanation, complete Part 3.
Explanation, of the worksheet. It is not
necessary to submit supporting
documentation, though it will be accepted
and reviewed if you choose to submit it.
You do not need to include other household
member's financial information to establish
your own economic necessity.

b. USCIS will not begin adjudicating Form
I-765 if filed together with Form I-821D
until USCIS has decided whether to defer
action in your case.
c.

If U.S. Immigration and Customs Enforcement
(ICE) deferred action on your case, file a standalone Form I-765 with a copy of the order,
notice, or document reflecting the exercise of
deferred action. To determine your eligibility for
work authorization, you must establish economic
necessity. 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. Provide this financial information on
Form I-765WS, Form I-765 Worksheet. If you
would like to provide an explanation, complete
Part 3. Explanation, of the worksheet. It is not
necessary to submit supporting documentation,
though it will be accepted and reviewed if you
choose to submit it. You do not need to include
other household member's financial information
to establish your own economic necessity.

The fee for Form I-765 filed based on the
Consideration of Deferred Action for
Childhood Arrivals category cannot be
waived. Biometric collection and the
biometric services fee for Form I-765 based
on the Consideration of Deferred Action for
Childhood Arrivals category is also required
and cannot be waived.

When completing the Form I-765:
a.

Enter "Unlawful Status: Deferred Action for
Childhood Arrivals by ICE" for Question 15.

b. Enter (c)(33) in Question 16 as the letter
and number of the category for which you
are applying.

G. Final Order of Deportation--(c)(18). File Form
I-765 with a copy of the order of supervision and a
request for employment authorization that 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;

Existence of economic necessity to be employed;
and

Anticipated length of time before you can be
removed from the United States.

H. LIFE Legalization Applicant--(c)(24). We
encourage you to file File Form I-765 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.
I.

T-1 Nonimmigrant--(a)(16). If you are applying for
initial employment authorization as a T-1
nonimmigrant, file Form I-765 only if you did not
request an employment authorization document when
you applied for T nonimmigrant status. If you have
been granted T nonimmigrant status and this is a
request for a renewal or replacement of an
employment authorization document, file Form I-765
along with evidence of your T nonimmigrant status,
such as an approval notice.
Form I-765 Instructions 02/13/15 Y Page 8

T-2, T-3, or T-4 Nonimmigrant--(c)(25). File
Form I-765 with a copy of your T-1 (principal alien's)
approval notice and proof of your relationship to the
T-1 principal.

K. U-1 Nonimmigrant--(a)(19). If you are applying
for initial employment authorization as a U-1
nonimmigrant, file Form I-765 only if you did not
request an employment authorization document when
you applied for U nonimmigrant status. If you have
been granted U nonimmigrant status and this is a
request for a renewal or replacement of an
employment authorization document, file Form I-765
along with evidence of your U nonimmigrant status,
such as an approval notice.

Biometrics Services Appointment. After receiving your
application and ensuring completeness, USCIS will inform
you in writing when to go to your local USCIS Application
Support Center (ASC) for your biometrics services
appointment. Failure to attend the biometrics services
appointment may result in denial of your application.
Copies. Unless specifically required that an original
document be filed with an application or petition, a legible
photocopy may be submitted. Original documents submitted
when not required may remain a part of the record and will not
be automatically returned to you.

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L. U-2, U-3, U-4, or U-5--(a)(20). If you obtained U
nonimmigrant status while in the United States, you
must submit a copy of the approval notice for your U
nonimmigrant status. If you were admitted to the
United States as a U nonimmigrant, you must submit
a copy of your passport with your U nonimmigrant
visa.

M. VAWA Self-Petitioners--(c)(31). If you are the
principal beneficiary or qualified child of an approved
VAWA self-petition, you are eligible for work
authorization. File Form I-765 with evidence of your
status, such as a copy of Form I-360 approved notice.
Additionally, you may file Form I-765 together with
your initial VAWA self-petition.

Translations. Any document containing foreign language
submitted to USCIS must be accompanied by a full English
language translation which the translator has certified as
complete and accurate, and by the translator's certification that
he or she is competent to translate from the foreign language
into English.
How To Fill Out Form I-765
1.

Type or print legibly in black ink.

If extra space is needed to complete any item, attach a
continuation sheet, write your name and Alien Registration
Number (A-Number) (if any), at the top of each sheet of
paper, indicate the Part and item number to which your
answer refers, and date and sign each sheet.

Answer all questions fully and accurately. State that an
item is not applicable with "N/A." If the answer is none,
write "None."

General Instructions

Each application must be properly signed and filed. A
photocopy of a signed application or a typewritten name in
place of a signature is not acceptable.
Each application must be accompanied by the appropriate
filing fee.

If you are under 14 years of age, your parent or legal guardian
may sign the application on your behalf.
Evidence. You must submit all required initial evidence
along with all the supporting documentation with your
application at the time of filing.
If a required document does not exist or cannot be obtained,
you must demonstrate this and submit secondary evidence
pertinent to the facts at issue. If secondary evidence does not
exist or is unavailable you must demonstrate this and submit
two or more sworn affidavits by non-parties who have direct
knowledge of the event and circumstances.

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 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.
Provide this financial information on Form I-765WS, Form
I-765 Worksheet. If you would like to provide an explanation,
complete Part 3, Explanation, of the worksheet.
Assemble the documents in the following order:
1.

Your application with the filing fee. See "What Is the
Filing Fee?" for details.

If you are mailing your application to USCIS, you must
also submit:
A. A copy of Form I-94, Arrival-Departure Record
(front and back), if available. If you are filing Form
I-765 under the (c)(9) category, Form I-94 is not
required.

Form I-765 Instructions 02/13/15 Y Page 9

B. A copy of your last EAD (front and back). If no prior
EAD has been issued, you must submit a copy of a
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. If
you are filing under the (c)(33) category, additional
documentation beyond what you submit under
"3. What Documents Do You Need to Provide to
Prove Identity?" of the filing instructions for Form
I-821D, Consideration of Deferred Action for
Childhood Arrivals, is not required.

C. You must submit two identical color photographs of
yourself taken within 30 days of filing your
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.

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 Form I-765 at any time; however, it will only be
granted if USCIS finds that your asylum application is not
frivolous. File Form I-765 with:
1.

A complete copy of your previously filed Form I-589;

A copy of your USCIS receipt notice;

A copy of the USCIS acknowledgement mailer;

Evidence that your Form I-589 was filed with EOIR;

Evidence that your asylum application remains under
administrative or judicial review; or

A copy of the USCIS acknowledgement mailer.

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The passport-style photos must be 2" by 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 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 headwear 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.

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;

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;

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

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

Other evidence that you filed an asylum application with
EOIR.

Special Filing Instructions for Those With Pending
Asylum Applications ((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 filling of your
asylum claim before you are eligible to apply for an EAD.

Any delay in processing the asylum application that is caused
by you, including unexcused failure to appear for fingerprinting
and other biometrics capture, will not be counted as part of
that 150 days. If you fail to appear for your asylum interview
or for a hearing before an immigration judge, you will be
ineligible for an EAD. If you have received a recommended
approval for a grant of asylum, you do not need to wait the
150 days and may apply for an EAD immediately upon receipt
of your recommended approval. If you file Form I-765 early,
it will be denied. File Form I-765 with:
1.

A copy of the USCIS acknowledgement mailer which was
mailed to you;

Other evidence that your Form I-589 was filed with USCIS;

Evidence that your Form I-589 was filed with an
Immigration Judge at the Executive Office for
Immigration Review (EOIR); or

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), follow the instructions contained in this
section when filing your Form I-765.
You must have an asylum application (Form I-589) on file
either with USCIS or with an Immigration Judge in order to
receive work authorization. Therefore, submit evidence that
you have previously filed an asylum application when you
submit Form I-765. You are not required to submit this
evidence when you apply, but it will help USCIS process your
request efficiently.

Form I-765 Instructions 02/13/15 Y Page 10

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.
Write "(c)(8)" in Question 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)
you 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).

The filing fee for Form I-765 is $380.
Exceptions:
Initial EAD. If this is your initial application and you are
applying under one of the following categories, a filing fee is
not required:
1.

(a)(3) Refugee;

(a)(4) Paroled as Refugee;

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Special Filing Instructions for Spouses of E-2 CNMI
Investors ((c)(12)).
Spouses of certain principal E-2 CNMI Investors (E-2C) are
eligible to seek employment in the CNMI. An EAD issued
under this category is only valid for employment in the
Commonwealth of Northern Mariana Islands (the CNMI).

To determine if you are eligible for an EAD under this section,
you must determine what type of investor certificate was
issued by the CNMI to your spouse, the principal E-2 CNMI
Investor. If your spouse was issued either a Long-Term
Business Certificate or Foreign Investment Certificate, you
may be eligible for an EAD under this category. If your
spouse, the principal E-2 CNMI Investor, was issued a Foreign
Retiree Investment Certification, you are not eligible to
receive an EAD under this category.
File Form I-765 with:

What Is the Filing Fee?

Documentation, such as a marriage certificate establishing
a legal marriage between you and the principal E-2C.
Additionally, documentation such as divorce or death
certificates establishing the termination of any prior
marriages of you and your spouse.

Documentation establishing that you reside in the
Commonwealth of the Northern Mariana Islands.

Documentation establishing that you have obtained E-2C
status as a dependent.

Evidence that your spouse has obtained E-2C status.

A copy of your spouse's CNMI issued Long-Term
Business Certificate or Foreign Investment Certificate.

(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;

10. (c)(8) Applicant for asylum (an applicant filing under the
special ABC procedures must pay the fee); or
11. (c)(31) VAWA Self-Petitioner.

Special Instructions for Childhood Arrivals ((c)(33)). All
requestors under this category must submit biometrics. The
biometrics services fee of $85 is required for all requestors.
The biometrics services fee and the filing fee for this form
cannot be waived.
Biometrics Services Fee for Beneficiaries of an Approved
Employment-based Immigrant Petition--(c)(35) and
Spouses or Children of a Beneficiary of an Approved
Immigrant Petition--(c)(36). All applicants under these
categories must submit biometrics. The biometric services fee
of $85 is required for all applicants unless waived.
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;

(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.

Form I-765 Instructions 02/13/15 Y Page 11

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.
NOTE: If you are requesting a replacement EAD under
the (c)(9) or (c)(16) Adjustment applicant who applied
after July 30, 2007 category, then the full filing fee will
be required; however, no biometrics fee is required.

Card Error:
1.

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.
How to Check If the Fees Are Correct
The 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:

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If the card issued to you contains incorrect information
that is not attributed to USCIS error, a new Form I-765
and filing fee are required. Form I-765 must be
accompanied by the card containing the error.

If the card issued to you contains incorrect information
that is attributed to a USCIS error, a new Form I-765 and
filing fee are not required. Instead, you must submit a
letter, accompanied by the card containing the error to the
Service Center or National Benefit Center that approved
your last employment authorization request.

You may be eligible for a fee waiver under 8 CFR 103.7(c) if
you are filing for an EAD related to your application or grant
of TPS.

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

Make the check or money order payable to U.S.
Department of Homeland Security.

NOTE: Spell out U.S. Department of Homeland Security;
do not use the initials "USDHS" or "DHS."
NOTE: If you filed Form I-485, Application to Register
Permanent Residence or Adjust Status, as of July 30, 2007,
and you paid the Form I-485 filing fee, no fee is required to
also file a request for employment authorization on Form
I-765. You may file the Form I-765 with your Form I-485, or
you may submit the Form I-765 at a later date. If you file
Form I-765 separately, you must also submit a copy of your
Form I-797C, Notice of Action, receipt as evidence of the
filing of Form I-485 as of July 30, 2007.

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.

Visit our Web site at www.uscis.gov, select "Forms Filing
Fees" and check the appropriate fee; or

Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information. For
TDD (hearing impaired) call: 1-800-767-1833.

Where to File?

Please visit the USCIS Web site at www.uscis.gov/I-765 or
contact the USCIS National Customer Service Center at
1-800-375-5283 for the most current information about where
to file this benefit request. For TDD (hearing impaired) call:
1-800-767-1833.

Address Change

If you have changed your address, you must inform USCIS
of your new address. For information on filing a change of
address go to the USCIS Web site at www.uscis.gov/
addresschange or contact the USCIS National Customer
Service Center at 1-800-375-5283. For TDD (hearing
impaired) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to USCIS
Lockbox facilities because USCIS Lockbox facilities do not
process change of address requests.

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

Form I-765 Instructions 02/13/15 Y Page 12

Biometric collection, interview, and requests for more
information. We may request more information or evidence,
or we may request that you appear at a USCIS office for an
interview, which may include collection of biometrics
(fingerprints, photograph, and signature). We may also
request that you submit the originals of any copy. We will
return these originals when they are no longer required.
You may be required to provide biometrics at a USCIS
Application Support Center (ASC) in order for your EAD
application to be adjudicated and your card to be produced. If
necessary, USCIS will send you a notice scheduling you for an
ASC appointment for the electronic collection of your
biometrics. The ASC notice will inform you of the documents
that you must bring with you to the appointment. If you fail to
attend your ASC appointment, your EAD application may be
denied.

USCIS Privacy Act Statement
AUTHORITIES: The information requested on this
application, and the associated evidence, is collected pursuant
to the Immigration and Nationality Act, 8 U.S.C. section
1324a, as amended.
PURPOSE: The primary purpose for providing the requested
information on this form is to determine eligibility for certain
aliens who are temporarily in the United States requesting an
Employment Authorization Document (EAD).

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Approval. If approved, your EAD will either be mailed to
you or you may be required to visit 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.

USCIS Forms and Information

To ensure you are using the latest version of this form, visit
the USCIS Web site at www.uscis.gov where you can get
USCIS forms and immigration-related information. If you do
not have internet access, you may order USCIS forms by
calling our toll-free number at 1-800-870-3676. You may also
obtain forms and information by calling our USCIS National
Customer Service Center at 1-800-375-5283. For TDD
(hearing impaired) call: 1-800-767-1833.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
the USCIS Internet-based system, InfoPass. To access the
system, visit the USCIS Web site. 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.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-765, we will
deny your Form I-765 and may deny any other immigration
benefit.

DISCLOSURE: The information you provide is voluntary.
However, failure to provide the requested information, and
any requested evidence, may delay a final decision or result in
the denial of your benefit request.

ROUTINE USES: The information you provide on this
benefit application may be shared with other federal, state,
local, and foreign government agencies and authorized
organizations in accordance with approved routine uses, as
described in the associated published system of records
notices [DHS-USCIS-001 - Alien File, Index, and National
File Tracking System; DHS-USCIS-007 - Benefit
Information System; and DHS/USCIS-010 - Asylum
Information and Pre-Screening, which can be found at
www.dhs.gov/privacy]. The information may also be made
available, as appropriate for law enforcement purposes or in
the interest of national security.

Paperwork Reduction Act

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 as follows: 3.42 hours
for reviewing instructions and completing and submitting
Form I-765; 1.17 hours associated with biometrics processing;
.50 hours for reviewing instructions and completing Form
I-765WS; and .50 hours associated with providing passportstyle photographs. 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
Coordination Division, Office of Policy and Strategy,
20 Massachusetts Ave NW, Washington, DC 20529-2140.
OMB No. 1615-0040. Do not mail your completed Form
I-765 to this address.

In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Form I-765 Instructions 02/13/15 Y Page 13

File Type	application/pdf
File Modified	2015-12-24
File Created	2015-12-23