I765-TOC-2016FeeRule-83C-09092016

TABLE OF CHANGES – INSTRUCTIONS

Form I-765, Application for Employment Authorization

OMB Number: 1615-0040

Date: 10/01/2016

Reason for Revision: Updates are required for Form I-765 due to a Fee Increase.

Current Page Number and Section	Current Text	Proposed Text
Pages 9-10, What Is the Filing Fee?	[page 9] 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: (a)(3) Refugee; (a)(4) Paroled as Refugee; (a)(5) Asylee; (a)(7) N-8 or N-9 nonimmigrant; (a)(8) Citizen of Micronesia, Marshall Islands, or Palau; (a)(10) Granted Withholding of Deportation; (a)(16) Victim of Severe Form of Trafficking (T-1); (a)(19) U-1 Nonimmigrant; (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel; (c)(8) Applicant for asylum (an applicant filing under the special ABC procedures must pay the fee); or (c)(31) VAWA Self-Petitioner. 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. Renewal EAD. If this is a renewal application and you are applying under one of the following categories, a filing fee is not required: [Page 10] (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. Replacement EAD. If this is your replacement application, and you are applying under one of the following categories, a filing fee is not required: (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: 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: 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. 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: Visit our Web site at www.uscis.gov, select “Forms Filing Fees” and check he 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.	[page 9] The filing fee for Form I-765 is $410. 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: (a)(3) Refugee; (a)(4) Paroled as Refugee; (a)(5) Asylee; (a)(7) N-8 or N-9 nonimmigrant; (a)(8) Citizen of Micronesia, Marshall Islands, or Palau; (a)(10) Granted Withholding of Deportation; (a)(16) Victim of Severe Form of Trafficking (T-1); (a)(19) U-1 Nonimmigrant; (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel; (c)(8) Applicant for asylum (an applicant filing under the special ABC procedures must pay the fee); or (c)(31) VAWA Self-Petitioner. 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. Renewal EAD. If this is a renewal application and you are applying under one of the following categories, a filing fee is not required: [Page 10] (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. Replacement EAD. If this is your replacement application, and you are applying under one of the following categories, a filing fee is not required: (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: 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. [deleted] Use the following guidelines when you prepare your check or money order for the Form I-765 fee: 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 your bank will show it on your regular account statement. You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time.  If the check is returned as unpayable a second time, we will reject your application and charge you a returned check fee. How to Check If the Fees Are Correct Form I-765’s filing fee is current as of the edition date in the lower right corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below. Visit our website at www.uscis.gov, select “FORMS,” and check he appropriate fee; or Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or hard of hearing) call: 1-800-767-1833. Fee Waiver You may be eligible for a fee waiver under 8 CFR 103.7(c), including if you are a TPS applicant. If you believe you are eligible for a fee waiver, complete Form I-912, Request for Fee Waiver (or a written request), and submit it and any required evidence of your inability to pay the filing fee with this application.  You can review the fee waiver guidance at www.uscis.gov/feewaiver.

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