I-765 Form TOC

I765-016-FRM-TOC-OSUP NPRM-RIN 1615-AC40.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

08/25/2020


Reason for Revision: Orders of Supervision Rule.

Project Phase: DHS Review


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 06/30/2022

Edition 06/30/2020



Current Page Number and Section

Current Text

Proposed Text

Page 3,


Part 3. Information About Your Eligibility Category

[Page 3]


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 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 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 7., 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.


[Page 3]


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 E-Verify Client Company Identification Number


[No change]








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

Yes No



[Delete]









4.A. (c)(18) Eligibility Category. If you entered the eligibility category (c)(18) in Item Number 1. and are filing for initial or renewal of employment authorization based on your removal being impracticable, you must submit a copy of your Form I-220B with annotation from ICE noting that your removal is impracticable because all countries from whom travel documents have been requested have affirmatively declined to issue a travel document. Refer to Special Filing Instructions for Aliens on Orders of Supervision in the Required Documentation section of the Form I-765 Instructions for information about who qualifies under this category.


If you selected Item C. in Part 1. Reason for Applying, provide the information requested below.


Employer's Name as Listed in E-Verify


Employer's E-Verify Company Identification Number or E-Verify Client Company Identification Number


B. If you entered the (c)(18) eligibility category 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 4., refer to Special Filing Instructions for Applications Filed Under (c)(18) in the Required Documentation section of the Form I-765 Instructions for information about providing arrest reports and court dispositions.


5. (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.


6.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.


[No change]







NOTE: If you answered “Yes” to Item B. in Item Number 6., 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



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