TABLE OF CHANGES – INSTRUCTIONS
Form I-765, Application for Employment Authorization
OMB Number: 1615-0040
07/27/2020
Reason for Revision: Fee Rule Project Phase: Post G-1056
Legend for Proposed Text:
Expires 06/30/2022 Edition Date 06/30/2020 |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 1-15,
Who May File Form I-765? |
[Page 1]
Who May File Form I-765?
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7. 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 your spouse is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or your spouse received H-1B status based on the American Competitiveness in the Twenty-First Century Act (AC21) sections 106(a) and (b). For your convenience, you may file Form I-765 with Form I-539. However, we will not process your Form I-765 (except filing fees), until after we have adjudicated your Form I-539. You may also file Form I-765 at the same time as your Form I-539 and your H1-B spouse’s Form I-129, Petition for a Nonimmigrant Worker. Please see the USCIS website at www.uscis.gov/I-765 for the most current information on where to file this benefit request.
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(2) H-1B Principal Received AC21 106(a) and (b) Extension. Submit evidence that your spouse has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). You may show this by submitting copies of your spouse’s passports, prior Form I-94s, and current and prior Form I-797 Notices for Form I-129. In addition, submit evidence to establish one of the following bases for the H-1B extension of stay.
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(c) Secondary Evidence. If you do not have the evidence listed in Items (a) or (b) above, you may ask us to consider 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 Items (1) and (2), you may submit the receipt number of your spouse’s most current Form I-129 extension of stay or Form I-140 approved on your spouse’s behalf.
Failure to provide the evidence listed above or secondary evidence may result in the delay or denial of your Form I-765. For additional information on secondary evidence, see Evidence in the General Instructions section of these Instructions.
8. Principal Beneficiary of an Approved Employment-Based Immigrant Petition Facing Compelling Circumstances--(c)(35). File Form I-765 with documents showing that you are eligible for an initial grant or a renewal of employment authorization under the (c)(35) eligibility category.
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[Page 9]
C. Supporting Evidence by Principal
(1) 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 Notice for Form I-129.
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9. Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-Based Immigrant Petition--(c)(36). File Form I-765 along with supporting documentation for an initial grant or a renewal of employment authorization under the (c)(36) eligibility category. You may file your application WITH your spouse’s or parent’s application under (c)(35). You may file your application while your spouse’s or parent’s application under (c)(35) is PENDING or AFTER your spouse’s or parent’s application has been approved by USCIS. If filing with your spouse’s or parent’s application, USCIS will not adjudicate your Form I-765 until after USCIS has adjudicated your spouse’s or parent’s Form I-765.
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(1) Proof of Your Nonimmigrant Status. For initial applications only, 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 Notice for Form I-129, or a copy of your current Form I-797 Notice for Form I-539.
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[Page 12]
Adjustment of Status Categories
1. Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your Form I-485 receipt notice or other evidence that your Form I-485 is pending. If you have filed your Form I-485 with EOIR, you must submit proof that you are currently in immigration proceedings, that you have properly filed Form I-485 with the immigration court, and that the Form I-485 remains pending, before filing Form I-765 with USCIS.
NOTE: If you are an asylee or refugee and have applied to adjust to lawful permanent resident status on Form I-485, file Form I-765 under category (a)(5) as an asylee or (a)(3) as a refugee. Do not file under eligibility category (c)(9). You will need to pay the filing fee or obtain a fee waiver for Form I-765 if your Form I-485 is still pending with USCIS and this is not your first EAD as a refugee or asylee and you did not pay the Form I-485 filing fee for any reason.
2. Renewal EAD for National Interest Waiver Physicians--(c)(9): If you are requesting a renewal EAD based on your pending adjustment of status application and an approved National Interest Waiver Physician petition, you must also include evidence of your meaningful progress toward completing the National Interest Waiver obligation (for example, documentation of employment, such as copies of W-2 forms, in any period during the previous year,). If you did not work as a National Interest Waiver Physician during any period of the previous year, you must explain why and provide a statement of future intent to work as a physician in a qualifying location.
3. Registry Applicant Based on Continuous Residence Since January 1, 1972--(c)(16). File Form I-765 together with your Form I-485 or, if filing separately, submit a copy of your Form I-485 receipt notice or other evidence that your Form I-485 is pending.
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[Page 1]
Who May File Form I-765?
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7. 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 your spouse is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or your spouse received H-1B status based on the American Competitiveness in the Twenty-First Century Act (AC21) sections 106(a) and (b). For your convenience, you may file Form I-765 with Form I-539. However, we will not process your Form I-765 (except filing fees), until after we have adjudicated your Form I-539. You may also file Form I-765 at the same time as your Form I-539 and your H1-B spouse’s Form I-129H1, Petition for a Nonimmigrant Worker. Please see the USCIS website at www.uscis.gov/I-765 for the most current information on where to file this benefit request.
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(2) H-1B Principal Received AC21 106(a) and (b) Extension. Submit evidence that your spouse has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). You may show this by submitting copies of your spouse’s passports, prior Form I-94s, and current and prior Form I-797 Notices for Form I-129H1. In addition, submit evidence to establish one of the following bases for the H-1B extension of stay.
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(c) Secondary Evidence. If you do not have the evidence listed in Items (a) or (b) above, you may ask us to consider 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 Items (1) and (2), you may submit the receipt number of your spouse’s most current extension of stay or Form I-140 approved on your spouse’s behalf.
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8. Principal Beneficiary of an Approved Employment-Based Immigrant Petition Facing Compelling Circumstances--(c)(35). File Form I-765 with documents showing that you are eligible for an initial grant or a renewal of employment authorization under the (c)(35) eligibility category. All applicants under these categories must submit biometrics.
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[Page 9]
C. Supporting Evidence by Principal
(1) 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 Notice for variant Form I-129.
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9. Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-Based Immigrant Petition--(c)(36). File Form I-765 along with supporting documentation for an initial grant or a renewal of employment authorization under the (c)(36) eligibility category. You may file your application WITH your spouse’s or parent’s application under (c)(35). You may file your application while your spouse’s or parent’s application under (c)(35) is PENDING or AFTER your spouse’s or parent’s application has been approved by USCIS. If filing with your spouse’s or parent’s application, USCIS will not adjudicate your Form I-765 until after USCIS has adjudicated your spouse’s or parent’s Form I-765 first. All applicants under these categories must submit biometrics. …
(1) Proof of Your Nonimmigrant Status. For initial applications only, 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 Notice for variant Form I-129, or a copy of your current Form I-797 Notice for Form I-539.
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[Page 12]
Adjustment of Status Categories
1. Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your Form I-485 receipt notice or other evidence that your Form I-485 is pending. If you have filed your Form I-485 with EOIR, you must submit proof that you are currently in immigration proceedings, that you have properly filed Form I-485 with the immigration court, and that the Form I-485 remains pending, before filing Form I-765 with USCIS.
NOTE: If you are an asylee or refugee and have applied to adjust to lawful permanent resident status on Form I-485, file Form I-765 under category (a)(5) as an asylee or (a)(3) as a refugee. Do not file under eligibility category (c)(9). If your Form I-485 is still pending with USCIS and this is not your first EAD as a refugee or asylee and you paid the I-485 fee after July 30, 2007 and before [INSERT EFFECTIVE DATE OF 2018/2019 FEE RULE], you do not need to pay the Form I-765 filing fee. After [INSERT EFFECTIVE DATE OF 2018/2019 FEE RULE], refugees and asylees must pay the Form I-765 fee to renew their EAD.
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3. Registry Applicant Based on Continuous Residence Since January 1, 1972--(c)(16). File Form I-765 together with your Form I-485 or, if filing separately, submit a copy of your Form I-485 receipt notice or other evidence that your Form I-485 is pending. If your Form I-485 is still pending with USCIS and you paid the I-485 fee after July 30, 2007 and before [INSERT EFFECTIVE DATE OF 2018/2019 FEE RULE], you do not need to pay the Form I-765 filing fee.
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Page 15-16,
General Instructions |
[Page 15]
General Instructions
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Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must also include the translator’s signature, printed name, the signature date, and the translator’s contact information.
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How To Fill Out Form I-765
1. Type or print legibly in black ink.
2. If you need extra space to complete any item within this application, use the space provided in Part 8. Additional Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None” unless otherwise directed.
4. Your application must be properly completed, signed, and filed. You must include all pages when you file Form I-765, even if the pages do not apply to you and are unanswered.
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[Page 15]
General Instructions
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Delivery Information. If your application is approved, your ensuing document (Permanent Resident Card, Employment Authorization Document, or Travel Document) may be delivered using the United States Postal Service’s (USPS) Signature Confirmation Restricted Delivery (SCRD) service. If SCRD is used for delivery, you will be required to sign for delivery of your document. You must provide identification as requested by USPS. If you are not able to sign for your document, you may designate an agent to sign on your behalf. To do this you must complete the US Postal Service Form 3801 and submit it to your local Post Office. Alternatively, if you would like your attorney or accredited representative to receive the document, please ensure that a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, has been filed with USCIS.
How To Fill Out Form I-765
1. Type or print legibly in black ink.
2. If you need extra space to complete any item within this application, use the space provided in Part 6. Additional Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
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Page 16-20,
Specific Instructions |
[Page 16]
Specific Instructions
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Item Number 7. Alien Registration Number (A-Number) (if any). An Alien Registration Number, otherwise known as an “A-Number,” is typically issued to people who apply for, or are granted, certain immigration benefits. In addition to USCIS, ICE, U.S. Customs and Border Protection (CBP), EOIR, and DOS may also issue an A-Number to certain foreign nationals. If you were issued an A-Number, type or print it in the spaces provided. If you are renewing your EAD, this number may be listed as the USCIS Number on the front of the card. If you have more than one A-Number, use the space provided in Part 8. Additional Information to provide the information. If you do not have an A-Number or if you cannot remember it, leave this space blank.
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Item Number 20. Student and Exchange Visitor Information System (SEVIS) Number (if any). If you were issued a SEVIS number, enter it in the space provided.
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Item Number 4. (c)(26) Eligibility Category. If you entered eligibility category (c)(26) in Item Number 1., provide the receipt number of your spouse’s most recent Form I-797 Notice for Form I-129, Petition for a Nonimmigrant Worker, in the space provided.
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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 Instructions for information about providing court dispositions.
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Part 8. Additional Information
Item Numbers 1. - 6. If you need extra space to provide any additional information within this application, use the space provided in Part 8. Additional Information. If you need more space than what is provided in Part 8., you may make copies of Part 8. to complete and file with your application, or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
We recommend that you print or save a copy of your completed application to review in the future and for your records.
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[Page 16]
Specific Instructions
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Item Number 7. Alien Registration Number (A-Number). An Alien Registration Number, otherwise known as an “A-Number,” is typically issued to people who apply for, or are granted, certain immigration benefits. In addition to USCIS, ICE, U.S. Customs and Border Protection (CBP), EOIR, and DOS may also issue an A-Number to certain foreign nationals. If you were issued an A-Number, type or print it in the spaces provided. If you are renewing your EAD, this number may be listed as the USCIS Number on the front of the card. If you have more than one A-Number, use the space provided in Part 8. Additional Information to provide the information. If you do not have an A-Number or if you cannot remember it, leave this space blank.
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Item Number 20. Student and Exchange Visitor Information System (SEVIS) Number. If you were issued a SEVIS number, enter it in the space provided.
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Item Number 4. (c)(26) Eligibility Category. If you entered eligibility category (c)(26) in Item Number 1., provide the receipt number of your spouse’s most recent Form I-797 Notice for variant Form I-129, Petition for a Nonimmigrant Worker, in the space provided.
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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 Instructions for information about providing court dispositions.
Item Number 6. If you entered the eligibility category (c)(9) in Item Number 27., select the appropriate box for the immigrant category you are applying under.
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Part 8. Additional Information
Item Numbers 1. - 6. If you need extra space to provide any additional information within this application, use the space provided in Part 8. Additional Information. If you need more space than what is provided in Part 8., you may make copies of Part 8. to complete and file with your application, or attach a separate sheet of paper. Type or print your name and A-Number at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
We recommend that you print or save a copy of your completed application to review in the future and for your records.
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Page 20-22,
Required Documentation |
[Page 20]
Required Documentation
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C. Photographs
You must submit two identical color passport-style photographs of yourself taken recently. 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 two identical passport-style photos must be 2 by 2 inches. The photos must be in color with a full face, frontal view, on a white to off-white background. Head height should measure 1 to 1 3/8 inches from the top of your hair to the bottom of your chin, and eye height should measure between 1 1/8 to 1 3/8 inches from the top of your eyes to the bottom of the photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.
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[Page 20]
Required Documentation
… C. Photographs
You must submit two identical color passport-style photographs of yourself taken recently. 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 two identical passport-style photos must be 2 by 2 inches. The photos must be in color with a full face, frontal view, on a white to off-white background. Head height should measure 1 to 1 3/8 inches from the top of your hair to the bottom of your chin, and eye height is between 1 1/8 to 1 3/8 inches from the top of your eyes to the bottom of photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number on the back of the photo.
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Page 23-25,
What Is the Filing Fee? |
[Page 23]
What Is the Filing Fee?
The filing fee for Form I-765 is $410.
NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.
Special Instructions for TPS Applicants. If you are requesting an EAD as an initial TPS applicant, you must pay the Form I-765 filing fee, unless you are under 14 years of age or over 65 years of age. If you are a TPS beneficiary requesting an EAD when filing for TPS re-registration, you must pay the Form I-765 filing fee, regardless of your age.
Special Instructions for Deferred Action for Childhood Arrivals--(c)(33). All requestors under this category must pay the biometric services fee of $85. The biometric services fee and the filing fee for this application cannot be waived.
Special Instructions for Beneficiaries of an Approved Employment-Based Immigrant Petition--(c)(35) and Spouses or Children of a Principal Beneficiary of an Approved Immigrant Petition--(c)(36). All applicants under these categories must submit biometrics. An additional biometric services fee of $85 is required for applicants 14 to 79 years of age, unless waived.
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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 for:
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)(16) Victim of Severe Form of Trafficking (T-1 Nonimmigrant);
8. (a)(12) or (c)(19) Temporary Protected Status if you are filing an initial TPS application and you are under 14 years of age or over 65 years of age. All TPS beneficiaries who apply for TPS re-registration who want an EAD must pay the filing fee, unless granted a fee waiver;
9. (a)(19) Victim of Qualifying Criminal Activity (U-1 Nonimmigrant);
10. (c)(1), (c)(2), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
11. (c)(8) Applicant for Asylum and Withholding of Deportation and Removal (an applicant filing under the special ABC procedures must pay the filing fee);
[Page 24]
12. (c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed Form I-485 on or after July 30, 2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485, you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate filing fee. If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived; and
13. (c)(31) VAWA Self-Petitioner.
Renewal EAD. If this is a renewal application and you are applying under one of the following categories, a filing fee is not required for:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
2. (a)(10) Granted Withholding of Deportation;
3. (c)(l), (c)(2), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel; and
4. (c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed for adjustment of status on or after July 30, 2007, and paid the appropriate Form I-485 filing fee of $930 or $985. If you file Form I-765 separately from your Form I-485, you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate form filing fee of $930 or $985 ($600 or $635 for an accompanying minor). If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived.
Replacement for Lost, Stolen, or Damaged EAD. If you are requesting a replacement EAD because your previously issued card was lost, stolen, or damaged but has not expired, you must pay the filing fee unless you have filed for adjustment of status on or after July 30, 2007, and paid the Form I-485 filing fee. If you did not pay the Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived. See Form I-912 at www.uscis.gov/i-912.
Replacement for Card Error
1. If the card we issued to you contains incorrect information that is not attributed to our error, you must submit a new Form I-765 and filing fee, unless you have a pending Form I-485 and paid the Form I-485 filing fee. If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived. You must include the card containing the error when you submit the new Form I-765.
2. If the card we issued to you contains incorrect information that is attributed to USCIS error, you do not need to file a new Form I-765 and filing fee. Instead, you must submit a letter explaining the error, along with the card containing the error, to the service center or National Benefits Center that approved your last Form I-765.
Payments by Check or Money Order
Use the following guidelines when you prepare your check or money order for the Form I-765 filing 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.
NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”
NOTE: If you filed Form I-485 on or after July 30, 2007, and you paid the appropriate Form I-485 filing fee, no filing fee is required to request employment authorization on Form I-765. You may file Form I-765 with Form I-485, or you may submit 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 as evidence of filing Form I-485 on or after July 30, 2007, and paying the filing fee.
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If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived.
Notice to Those Paying by Check. If you send USCIS a check, we will convert it 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 we 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, we 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.
Payments by Credit Card
If you are filing your application at a USCIS Lockbox facility, you can pay your filing fee using a credit card. Please see Form G-1450, Authorization for Credit Card Transactions, at www.uscis.gov/G-1450 for more information.
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How To Check If the Fees Are Correct
Form I-765’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fee is correct by following one of the steps below:
1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or
2. Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a live USCIS representative. The USCIS Contact Center provides information in English and Spanish. 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). 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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What Is the Filing Fee?
The filing fee for Form I-765 is $550; however, this may vary depending on your eligibility category. See the Fee Variations for Specific Eligibility Categories and Filing Fee Exemptions sections for more information.
The filing fee is not refundable, regardless of any action USCIS takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.
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Biometric Services Fee
The following eligibility categories must pay the following biometric services fee:
[Table 2 columns x 4 rows]
Eligibility Category (c)(8) An asylum applicant with a pending Form I-589 (c)(33) Deferred Action for Childhood Arrivals (c)(37) An applicant for status as a long-term resident of the Commonwealth of the Northern Mariana Islands Biometric Services Fee $30 $85 $30
Fee Variations for Specific Eligibility Categories
(c)(33) Deferred Action for Childhood Arrivals. The filing fee for Form I-765 for all requestors under this category is $410. The filing fee for this application cannot be waived.
Filing Fee Exemptions
If you are applying under one of the following categories under 8 CFR 274a.12 and other provisions, you do not need to pay a filing fee.
[Table 2 columns x 18 rows]
Eligibility Category | Reason for Filing Form I-765
(a)(3) Refugee - Initial EAD
(a)(4) Paroled as refugee - Initial EAD
(a)(5) Asylee - Initial EAD
(a)(7) N-8 or N-9 nonimmigrant - Initial EAD
(a)(16) Victim of severe form of trafficking (T-1 nonimmigrant) - Initial EAD
(a)(19) Victim of qualifying criminal activity (U-1 nonimmigrant) - Initial EAD
(c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel - Initial EAD Renewal EAD Replacement EAD
(c)(2) Taiwanese dependent of Taipei Economic and Cultural Representative Office TECRO E-1 employees - Initial EAD Renewal EAD Replacement EAD
(c)(9) Applicant adjusting under the Cuban Adjustment Act for battered spouses and children (principal) who has a pending adjustment of status application (Form I-485) - Initial EAD
(c)(9) Applicant adjusting based on dependent status under the Haitian Refugee Immigrant Fairness Act for battered spouses and children (principal) who has a pending adjustment of status application (Form I-485) - Initial EAD
(c)(9) Applicant adjusting under the Nicaraguan Adjustment and Central American Relief Act for battered spouses and children (principal) who has a pending adjustment of status application (Form I-485) - Initial EAD
(c)(9) Applicant for Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Translator or Interpreter, Iraqi National employed by or on behalf of the U.S. Government, or Afghan National employed by or on behalf of the U.S. government or employed by the International Security Assistance Forces who has a pending adjustment of status application (Form I-485) - Initial EAD Renewal EAD Replacement EAD
(c)(9) or (c)(16) Any current adjustment of status or registry applicant who filed for adjustment of status on or after July 30, 2007 and before [INSERT EFFECTIVE DATE OF 2018/2019 FEE RULE], and paid the appropriate Form I-485 filing fee. You must submit a copy of your Form I-797C Notice for Form I-485 as evidence you filed Form I-485 during that time period and paid the appropriate fee. If you did not pay the Form I-485 fee, you must pay the Form I-765 filing fee. - Initial EAD Renewal EAD
(c)(31) VAWA self-petitioner - Initial EAD
If you are requesting a replacement EAD because your previously issued card was lost, stolen, or damaged, but has not expired, you paid form I-485 filing fee, and have filed for adjustment of status on or after July 30, 2007 and before [INSERT EFFECTIVE DATE OF 2018/2019 FEE RULE]. If you did not pay the Form I-485 filing fee, you must pay the Form I-765 filing fee. – Replacement for lost, stolen, or damaged EAD
Attributed to our error. If the card we issued to you contains incorrect information that is attributed to our error, you must submit a letter explaining the error, along with the card containing the error to the service center or National Benefits Center that approved your last Form I-765.
Not attributed to our error. If the card we issued to you contains incorrect information that is not attributed to our error, you must file Form I-765.
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Notice to Those Paying by Check. If you send USCIS a check, we will convert it 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, we may reject your application.
Payments by Credit Card
If you are filing your form at a USCIS Lockbox facility, you can pay your filing fee and biometric services fee (if applicable) a credit card. Please see Form G-1450, Authorization for Credit Card Transactions, at www.uscis.gov/g-1450 for more information.
When Filing at a Field Office Cash, a cashier’s check or money order cannot be used to pay for the filing and/or biometric services fee at a field office. The only payment options accepted at a field office are payment through pay.gov via a credit card, debit card or with a personal check.
How To Determine If the Fees Are Correct
Form I-765’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fee is correct by following one of the steps below.
[No change]
Fee Waiver
Some forms may be eligible for fee waivers as provided in 8 CFR 106.3. For information on fee waivers, see Form I-912, Request for Fee Waiver at www.uscis.gov/i-912.
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DHS Privacy Notice |
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DHS Privacy Notice
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DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number, and any requested evidence, may delay a final decision or result in the denial of your application.
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[Page 27]
DHS Privacy Notice
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DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in a rejection or denial of your application.
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Hallstrom, Samantha M |
| File Modified | 0000-00-00 |
| File Created | 2021-01-13 |