I-765 Form TOC

I765-029-FRM-TOC-Rev+AsylumEAD-06252020.docx

Application for Employment Authorization

I-765 Form TOC

OMB: 1615-0040

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TABLE OF CHANGES – FORM

Form I-765, Application for Employment Authorization

OMB Number: 1615-0040

06/25/2020


Reason for Revision: Merge Asylum EAD with 2019 Revision

Project Phase:


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 05/31/2020

Edition Date 12/26/2019



Current Page Number and Section

Current Text

Proposed Text

Part 3. Information About Your Eligibility Category


Part 3. Information About Your Eligibility Category


1. Eligibility Category. Refer to the Who May File Form I-765 section of the Form I-765 Instructions to determine the appropriate eligibility category for this application. Enter the appropriate letter and number for your eligibility category below (for example, (a)(8), (c)(17)(iii)).


[Three fillable fields separated by parenthesis]


2. (c)(3)(C) STEM OPT Eligibility Category. If you entered the eligibility category (c)(3)(C) in Item Number

1., provide the information requested in Items A. - C.


A. Degree

B. Employer's Name as Listed in E-Verify

C. Employer's E-Verify Company Identification Number or a Valid E-Verify Client Company Identification Number







3.A. (c)(8) Eligibility Category. If you entered the (c)(8) eligibility category in Item Number 1., are you are eligible for benefits under the ABC settlement agreement as a Salvadoran or Guatemalan national?

Yes

No


B. If you entered the eligibility category (c)(8) in Item Number 1., have you EVER been arrested for and/or convicted of any crime?

Yes

No


NOTE: If you answered “Yes” to Item B., in Item Number 3., refer to Special Filing Instructions for Those With Pending Asylum Applications (c)(8) in the Required Documentation section of the Form I-765 Instructions for information about providing court dispositions.


[New]





































4. (c)(26) Eligibility Category. If you entered the eligibility category (c)(26) in Item Number 1., provide the receipt number of your H1-B spouse’s most recent Form I-797 Notice for Form I-129, Petition for a Nonimmigrant Worker.



5.A. (c)(35) and (c)(36) Eligibility Category. If you entered the eligibility category (c)(35) in Item Number 1., please provide the receipt number of your Form I-797 Notice for Form I-140, Immigrant Petition for Alien Worker. If you entered the eligibility category (c)(36) in Item Number 1., please provide the receipt number of your spouse's or parent's Form I-797 Notice for Form I-140.


B. If you entered the eligibility category (c)(35) or (c)(36) in Item Number 1., have you EVER been arrested for and/or convicted of any crime?

Yes

No


NOTE: If you answered “Yes” to Item B. in Item Number 5., refer to Employment-Based Nonimmigrant Categories, Items 8. - 9., in the Who May File Form I-765 section of the Form I-765 Instructions for information about providing court dispositions.


Part 3. Information About Your Eligibility Category


1. Eligibility Category. Refer to the Who May File Form I-765 section of the Form I-765 Instructions to determine the appropriate eligibility category for this application. Enter the appropriate letter and number for your eligibility category below (for example, (a)(8), (c)(17)(iii)).


[Three fillable fields separated by parenthesis]


2. (c)(3)(C) STEM OPT Eligibility Category. If you entered the eligibility category (c)(3)(C) in Item Number

1., provide the information requested in Items A. - C.


A. Degree

B. Employer's Name as Listed in E-Verify

C. Employer's E-Verify Company Identification Number or a Valid E-Verify Client Company Identification Number


3. (c)(8) Eligibility Category. If you entered the eligibility category (c)(8) in Item Number 1., provide the information requested in Items A. - D.


A. (c)(8) Eligibility Category. If you entered the (c)(8) eligibility category in Item Number 1., are you eligible for benefits under the ABC settlement agreement as a Salvadoran or Guatemalan national?

Yes

No


B. Have you EVER been arrested for, and/or charged with, and/or convicted of any crime in any country?

Yes

No


NOTE: If you answered “Yes” to Item B. in Item Number 3., refer to Special Filing Instructions for Those With Pending Asylum Applications (c)(8) in the Required Documentation section of the Form I-765 Instructions for information about providing court dispositions.


C. Did you enter the United States lawfully through a U.S. port of entry and were you inspected and admitted or paroled after inspection by an immigration officer? (If you answer “Yes,” you MUST provide evidence of your lawful entry.)

Yes

No


D. If you answered “No” to Item C., did you present yourself to the Secretary of Homeland Security or his or her delegate (DHS) within 48 hours of entry or attempted entry AND express an intention to seek asylum within the United States or express a fear of persecution or torture in your home country?

Yes

No


If you answered “Yes” to Item D., provide the following information:


Date you presented yourself to DHS

Location where you presented yourself to DHS

Country of claimed persecution

Provide an explanation for why you did not enter the United States lawfully through a U.S. port of entry. If you need extra space to complete this item, use the space provided in Part 8. Additional Information.

[fillable field]


NOTE: Refer to the Special Filing Instructions for Those With Pending Asylum Applications (c)(8) section of the Form I-765 Instructions for more information.


4. (c)(26) Eligibility Category. If you entered the eligibility category (c)(26) in Item Number 1., provide the receipt number of your H-1B spouse's most recent Form I-797 Notice for Form I-129, Petition for a Nonimmigrant Worker.



5.A. (c)(35) and (c)(36) Eligibility Category. If you entered the eligibility category (c)(35) in Item Number 1., please provide the receipt number of your Form I-797 Notice for Form I-140, Immigrant Petition for Alien Worker. If you entered the eligibility category (c)(36) in Item Number 1., please provide the receipt number of your spouse's or parent's Form I-797 Notice for Form I-140.


B. If you entered the eligibility category (c)(35) or (c)(36) in Item Number 1., have you EVER been arrested for and/or convicted of any crime?

Yes

No


NOTE: If you answered “Yes” to Item B. in Item Number 5., refer to Employment-Based Nonimmigrant Categories, Items 8. - 9., in the Who May File Form I-765 section of the Form I-765 Instructions for information about providing court dispositions.


Pages 5-6,


Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Application, If Other Than the Applicant


[Page 7]


Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Application, If Other Than the Applicant


Provide the following information about the preparer.


Preparer's Full Name

1. Preparer’s Family Name (Last Name)

Preparer’s Given Name (First Name)

2. Preparer’s Business or Organization Name (if any)


Preparer's Mailing Address

3. Street Number and Name

Apt./Ste./Flr. Number

City or Town

State

ZIP Code

Province

Postal Code

Country


Preparer's Contact Information

4. Preparer's Daytime Telephone Number

5. Preparer's Mobile Telephone Number (if any)

6. Preparer's Email Address (if any)


Preparer's Statement

7.A. I am not an attorney or accredited representative but have prepared this application on behalf of the applicant and with the applicant's consent.


B. I am an attorney or accredited representative and my representation of the applicant in this case extends/does not extend beyond the preparation of this application.


NOTE: If you are an attorney or accredited representative, you may need to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with this application.


Preparer's Certification


By my signature, I certify, under penalty of perjury, that I prepared this application at the request of the applicant. The applicant then reviewed this completed application and informed me that he or she understands all of the information contained in, and submitted with, his or her application, including the Applicant's Certification, and that all of this information is complete, true, and correct. I completed this application based only on information that the applicant provided to me or authorized me to obtain or use.


Preparer's Signature

8. Preparer's Signature

Date of Signature (mm/dd/yyyy)



[Page 7]


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NOTE: If you are an attorney or accredited representative, you need to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with this application.


[No change]


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