I-765 INS Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

Form I-765, Application for Employment Authorization

OMB Number: 1615-0040

06/11/2024

Reason for Revision: 83C

Project Phase: OMBReview

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 02/28/2027

Edition Date 04/01/2024

Current Page Number and Section	Current Text	Proposed Text
Pages 1-16, Who May File Form I-765?	[Page 1] Who May File Form I-765? You may file Form I-765 if you fall within one of the eligibility categories below. … [Page 13] 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. See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for all information on filing fees. … [Page 16] 17. A-3 or G-5 Nonimmigrant--(c)(14). If you have filed a pending civil action against your employer because your employer violated the terms of your employment contract or conditions of your employment, you may file Form I-765 to request deferred action and receive work authorization. File Form I-765 with a copy of the civil complaint filed in court and proof of lawful admission into the United States in A-3 or G-5 status (for example, a copy of your passport with your A-3 or G-5 nonimmigrant visa). If you are requesting renewal after your initial employment authorization is granted, file Form I-765 with evidence that the civil case is still pending (for example, a recent court docket update). [new]	Who May File Form I-765? You may file Form I-765 if you fall within one of the eligibility categories below. … Adjustment of Status Categories [no change] 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). See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for all information on filing fees. … [no change] 18. Applicant for Commonwealth of the Northern Mariana Islands (CNMI) Long-Term Resident Status-- (c)(37). You must file Form I-765 together with your Form I-955, Application for CNMI Long-Term Resident Status. If you do not submit your Form I-765 with all applicable fees together with your Form I-955, the entire submission will be rejected. If your Form I-955 is approved, you will receive an employment authorization document as evidence of your CNMI Long-Term Resident Status and evidence that you are authorized for employment in the CNMI incident to status.

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