Form Table of Changes

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TABLE OF CHANGES – FORM
Form I-765, Application For Employment Authorization
OMB Number: 1615-0040
10/06/2025
Reason for Revision: Asylum EAD NPRM
Project Phase: OMB Review
Legend for Proposed Text:
• Black font = Current text
• Red font = Changes
Expires 08/31/2027
Edition Date 01/20/2025
Current Page Number
and Section
Pages 3-4, Part 3.
Information About Your
Eligibility Category

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)).

[no change]

[Page 3]

[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

1

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

B. Have you EVER been arrested for 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.

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]

C. On or after [EFFECTIVE DATE OF FINAL
RULE], have you entered or attempted to enter
the United States at a place and time other than
lawfully through a U.S. port of entry?
Yes
No
If you answered “Yes” to Item C., please
continue with questions D. - E.
If you answered “No” to Item C., please skip to
questions in Part 4.
D. Did you present yourself to the Secretary of
Homeland Security or his or her delegate (DHS)
within 48 hours of your 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. Please include details such as a
description of how you presented yourself, to
whom you presented yourself, and the outcome.
If you need extra space to complete this item,
use the space provided in Part 8. Additional
Information.
[fillable field]
E. If you answered “No” to Item D., 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]
2

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.
[Page 4]
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.
…

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

[no change]

…

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

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.

[no change]

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
3

NOTE: If you are an attorney or accredited
representative, you must submit a completed
Form G-28, Notice of Entry of Appearance as

Appearance as Attorney or Accredited
Representative, with this application.

Attorney or Accredited Representative, with
this application.

Preparer's Certification

[no change]

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)

4