Instructions Table of Changes

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TABLE OF CHANGES – INSTRUCTIONS
Form I-765, Application for Employment Authorization
OMB Number: 1615-0040
10/20/2025
Reason for Revision: Ayslum 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 18-21, Specific
Instructions

Current Text

Proposed Text

[Page 20]
Part 3. Information About Your
Eligibility Category

Part 3. Information About Your
Eligibility Category

Item Number 1. Eligibility Category.
Refer to the list of the eligibility categories
in the Who May File Form I-765 section
of these Instructions. Find your eligibility
category, and enter it in the space provided.

[no change]

Item Number 2. (c)(3)(C) STEM OPT
Eligibility Category. If you entered
eligibility category (c)(3)(C) in Item
Number 1., provide your degree level and
major (for example, Bachelor’s degree in
English), your employer’s name as listed in
E-Verify, your employer’s E-Verify
Company Identification Number, or EVerify Client Company Identification
Number in the spaces provided.
Item Number 3.A. (c)(8) Eligibility
Category. If you entered the (c)(8)
eligibility category in Item Number 1. and
are eligible for benefits under ABC
settlement agreement as a Salvadoran or
Guatemalan national, you should select the
box.

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

Item Number 3.B. (c)(8) Eligibility
Category. If you entered the eligibility
category (c)(8) in Item Number 1., provide
an answer to the question “Have you have

[no change]

1

EVER been arrested for and/or convicted
of any crime?” If you answered “Yes” to
Item Number 3.B., refer to Special Filing
Instructions for Those With Pending
Asylum Applications (c)(8) in the
Required Documentation section of the
Instructions for information about
providing court dispositions.
Item Number 3.C. Lawful Entry. (c)(8)
Eligibility Category. Select “Yes” if you
entered or attempted to enter the United
States at a place and time other than
lawfully through a U.S. port of entry on or
after [EFFECTIVE DATE OF FINAL
RULE]. Complete Items D.-E. in Item
Number 3.

[new]

NOTE: Your eligibility for an EAD under
category (c)(8) requires that, on or after
[EFFECTIVE DATE OF FINAL RULE]
any entry into the United States was lawful
and through a port of entry. However, in
limited circumstances, you may qualify for
an exception to this requirement under 8
CFR 208.7(a)(1)(iv)(D)(iii)(F). In order for
USCIS to determine whether you qualify
for an exception, you must complete Items
D.-E. in Item Number 3.
Item Number 3.D. Presenting yourself to
the Department of Homeland Security.
Select “Yes” if you presented yourself to an
officer or agent from the Department of
Homeland Security (DHS) within 48 hours
of your entry or attempted entry into the
United States and expressed an intention to
apply for asylum or expressed a fear of
persecution or torture. Presenting yourself
to DHS includes presenting yourself to an
officer or an agent from: U.S. Customs and
Border Protection, U.S. Border Patrol, U.S.
Immigration and Customs Enforcement,
U.S. Coast Guard, or U.S. Citizenship and
Immigration Services.
Select “No” if you did not present yourself
to an officer or agent from DHS within 48
hours of your unlawful entry into the
United States and express an intention to
apply for asylum or express a fear of
persecution or torture.

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Date you presented yourself to DHS.
Provide the date that you presented yourself
to DHS.
Location where you presented yourself
to DHS. Provide the location where you
presented yourself to DHS.
Country of claimed persecution. Provide
the name of the country from which you
fear persecution or torture.
Item Number 3.E. Good Cause for Illegal
Entry. Provide an explanation for why you
did not enter the United States lawfully
through a U.S. port of entry. Your
explanation should include any information
that would demonstrate that you had good
cause for not entering lawfully. See 8 CFR
208.7(a)(1)(iv)(D)(2). Examples of good
cause may include, but are not limited to,
needing immediate medical attention or
fleeing imminent serious harm. Examples
that do not constitute good cause include,
but are not limited to, evasion of U.S.
immigration officers, circumvention of the
orderly processing of asylum seekers at a
U.S. port of entry, or convenience.

Pages 21-24, Required
Documentation

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.

[no change]

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[Page 22]
Special Filing Instructions for Those
With Pending Asylum Applications (c)(8)

Special Filing Instructions for Those
With Pending Asylum Applications (c)(8)

4. Asylum and Withholding of
Deportation Applicants (with a pending
Form I-589) who filed ON OR AFTER
January 4, 1995 – (c)(8).

4. Asylum and Withholding of
Deportation Applicants (with a pending
Form I-589) who filed ON OR AFTER
January 4, 1995 – (c)(8).

[new]

Refer to [Website link] to verify that
USCIS is currently accepting initial
employment authorization applications
based on a pending asylum application.

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A. If you are requesting employment
authorization under (c)(8), you must
wait 365 calendar days from the date
that USCIS or the Immigration Court
accepts your asylum application before
you may file your application for
employment authorization;
B. Biometric Services fee and
appointments.
Applicants for initial and renewal EADs
under the (c)(8) eligibility category must
submit biometrics at a scheduled biometric
services appointment . If you fail to appear
for your biometric services appointment,
you may be ineligible for employment
authorization.
C. One-year deadline to file for asylum.
If you file your asylum application on or
after [EFFECTIVE DATE OF FINAL
RULE] and file it more than one year after
your most recent arrival in the United
States, you will not be granted employment
authorization under this eligibility category
unless and until a USCIS asylum officer
or an Immigration Judge determines that
you meet an exception for late filing, as
provided in section 208(a)(2)(D) of the
Immigration and Nationality Act (INA).
This prohibition does not apply to an alien
who is an unaccompanied alien child, as
defined by section 462(g) of the Homeland
Security Act of 2002, 6 U.S.C. 279(g), INA
section 208(a)(2)(E), 8 U.S.C.
1158(a)(2)(E).
D. Lawful entry into the United States
through a port of entry.
If you entered or attempted to enter the
United States at a place and time other than
lawfully through a U.S. port of entry on or
after [EFFECTIVE DATE OF FINAL
RULE], you are ineligible for employment
authorization based on a pending asylum
application, unless you demonstrate that:
(1) you presented yourself to the Secretary
of Homeland Security or his or her delegate
within 48 hours of your arrival and you
expressed an intention to seek asylum
within the United States or expressed a fear
of persecution or torture in your home
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country; or (2) you establish good cause for
not entering lawfully through a U.S. port of
entry. USCIS will determine whether you
meet the exception to the illegal entry bar
based on your responses to Items D. and
E. in Item Number 3. in Part 3. of Form I765.
E. Arrests, charges, and convictions.
You cannot receive employment
authorization under this eligibility category
if:
• You have been convicted at any time in
the United States or abroad of an
aggravated felony as described in
section 101(a)(43) of the Act;
• You have been convicted at any time of
a particularly serious crime;
• There are serious reasons to believe
that you have committed a serious nonpolitical crime outside of the United
States; or
• You are subject to a mandatory denial
of your asylum application based on
the criminal grounds described in 8
CFR 208.13(c).
F. Availability of (c)(8) Employment
Authorization During the Asylum
Process.
If you are granted employment
authorization while your asylum
application is pending with USCIS or the
Immigration Court, you may seek renewal
of your EAD as long as the asylum
application remains pending (unless your
EAD is revoked or terminated).
If you have an EAD based on a pending
asylum application and your asylum
application is denied by USCIS, your EAD
will automatically terminate on the date of
the denial of the asylum application. If you
have an EAD based on a pending asylum
application and your asylum application is
denied by the Immigration Court, your
EAD will automatically terminate after 30
days unless you file a timely appeal with
the Board of Immigration Appeals (BIA). If
you file a timely appeal with the BIA, your
current employment authorization will
continue while your asylum application is
on review at the BIA (unless revoked or
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terminated). There is no need to file another
Form I-765, unless your EAD is about to
expire or will expire during the time your
case is on appeal. If the BIA affirms the
denial of your asylum application, your
employment authorization terminates
automatically on the date of the BIA’s
denial.
G. Additional Evidence requirements for
category (c)(8) applicants:
You are subject to a 150-day waiting period
after the filing of your asylum application,
before you can apply for an EAD, and an
additional 30-day period before we can
issue you an EAD, for a total of 180 days.
The number of days a completed asylum
application is considered pending does not
include any delays requested or caused by
you while your application is pending with
the USCIS asylum office or with an EOIR
IJ. (See 8 CFR 208.7). This time period
during which your asylum application is
pending before we may grant you an EAD
is called the “180-day asylum EAD clock.”
We may reject your Form I-765 if you file
it before the 150-day waiting period has
elapsed. Some examples of delays that
may be caused by you while your
application is pending with the USCIS
Asylum Office include but are not limited
to:
A. Failure to appear at your interview or
fingerprint appointment;
B. Failure to receive and acknowledge
your asylum decision in person (if
required);
C. A request to schedule your interview
for a later date;
D. A request to transfer your case to a new
asylum office or interview location,
including when the transfer is based on a
new address;
E. A request to provide additional
evidence after your interview; and
F. If you are required to provide a
competent interpreter at your interview,
failure to provide a competent interpreter.
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[deleted]

[Page 23]
Additionally, if you fail to appear for your
interview with a USCIS asylum office for a
hearing before an EOIR IJ, you may be
ineligible for an EAD.
If you have received a Recommended
Approval notice from the USCIS asylum
office recommending a grant of asylum,
you do not need to wait 150 days and may
apply for an EAD immediately upon receipt
of this notice. Provide a copy of your
notice as evidence of your recommended
approval with your Form I-765.
If you are a category (c)(8) applicant who
has met the requisite 150-day waiting
period to file Form I-765, not including
delays caused or requested by you, file your
Form I-765 with the following evidence,
where applicable:

If you are a category (c)(8) applicant who
has met the requisite 365 calendar-day
waiting period to file Form I-765, file your
Form I-765 with the following evidence,
where applicable:

A. If your asylum application was filed
with USCIS, a copy of the following: the
USCIS Acknowledgement of Receipt that
was provided to you and your USCIS
Asylum Interview Notice (scheduling, rescheduling, or cancelling your asylum
interview); your Form I-797C Notice (ASC
appointment notice) for the biometrics
appointment for your asylum application;
or other evidence that your asylum
application was filed with USCIS.

•

If your asylum application was filed
with USCIS, a copy of the following:
the USCIS Acknowledgement of
Receipt that was provided to you and
your USCIS Asylum Interview Notice
(scheduling, re-scheduling, or
cancelling your asylum interview);
your Form I-797C Notice (ASC
appointment notice) for the biometrics
appointment for your asylum
application; or other evidence that your
asylum application was filed with
USCIS.

•

If you lodged or filed your asylum
application with the Executive Office
for Immigration Review (EOIR), a
copy of acknowledgement of receipt of
your application or other available
evidence.

B. If you lodged or filed your asylum
application with the Executive Office for
Immigration Review (EOIR), a copy of
acknowledgement of receipt of your
application or other available evidence.
C. If an EOIR IJ has denied your asylum
and withholding of removal relief, but you
met the requisite 180-day waiting period
prior to the EOIR IJ’s decision in your
case, evidence that you:
(1) Timely appealed the EOIR IJ’s
decision on your asylum application to the
BIA and the appeal remains pending; and
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[deleted]

(2) If applicable, evidence that you timely
appealed the BIA decision on your asylum
application to a U.S. Court of Appeals and
that decision remains pending.
[new]

D. If your asylum application has been
remanded to an EOIR IJ for further
adjudication of your underlying asylum
claim:

•

If you were granted employment
authorization under the (c)(8) category
and an Immigration Judge (IJ)
subsequently denied your asylum
application, and you are now seeking
renewal of your EAD, evidence that
you timely appealed the EOIR IJ’s
decision on your Form I-589 to the BIA
and the appeal remains pending.

•

If the BIA remanded your asylum
application to an EOIR IJ for further
adjudication of your underlying asylum
claim:

(1) A copy of the BIA decision and order
remanding your case to the EOIR IJ; and
(2) Evidence that your asylum claim
remains under review by the EOIR IJ.

•

o

A copy of the BIA decision and
order remanding your case to the
EOIR IJ; and

o

Evidence that your asylum claim
remains under review by the EOIR
IJ.

If a federal court remanded your
asylum claim to the BIA for further
action and your claim is still pending
with the BIA, you must submit a copy
of the Federal Court’s remand order.

E. Evidence of Arrests and Conviction.

H. Evidence of Arrests and Conviction.

For initial and renewal applications, you
are required to submit evidence of any
arrests and/or convictions. If you have
been convicted of an aggravated felony,
you cannot be granted employment
authorization under this eligibility category.
USCIS will make the determination as to
whether your convictions meet the
definition of aggravated felony. You must,
however, provide information and any
supporting documentation on all crimes
you were convicted of so USCIS can make
an appropriate decision. Provide a certified
copy of all arrest reports, court dispositions,
sentencing documents, and any other
relevant documents.

[deleted]

8

[new]

You must submit certified police and court
records for any criminal charges, arrests, or
convictions you may have.
•

•

•

9

If you were EVER arrested or detained
by a law enforcement officer for any
reason in any country, including the
United States, and no criminal charges
were filed, you must submit:
o

An original or certified copy of the
complete arrest report; and

o

Either an official statement by the
arresting or detaining agency or
prosecutor’s office OR an
applicable court order that indicates
the final disposition of your arrest or
detention;

If you were EVER charged for any
reason (even if you were not arrested)
in any country, including the United
States, you must submit:
o

An original or certified copy of the
complete arrest report; and

o

Certified copies of BOTH the
indictment, information, or other
formal charging document AND the
final disposition of each charge (for
example, a dismissal order or
acquittal order);

If you were EVER convicted or placed
in an alternative sentencing or
rehabilitative program (such as
probation, drug treatment, deferred
adjudication, or community service
program) in any country, including the
United States, you must submit:
o

An original or certified copy of the
complete arrest report;

o

Certified copies of the following:
the indictment, information, or other
formal charging document; any plea
agreement, whether in the form of a
court filing or recording in a hearing
transcript; and the final disposition
for each incident (for example,
conviction record, deferred

adjudication order, probation order);
and
o

•

Either an original or certified copy
of your probation or parole record
showing that you completed the
mandated sentence, conditions set
for the deferred adjudication, or
rehabilitative program OR
documentation showing that you
completed the alternative sentencing
or rehabilitative program; or

If you EVER had any arrest or
conviction vacated, set aside, sealed,
expunged, or otherwise removed from
your record in any country, you must
submit:
o

An original or certified copy of the
complete arrest report; the
indictment, information, or other
formal charging document; any
plea agreement, whether in the
form of a court filing or recording
in a hearing transcript; and the final
disposition for each incident (for
example, conviction record,
deferred adjudication order,
probation order); and

o

A certified copy of the court order
vacating, setting aside, sealing,
expunging, or otherwise removing
the arrest or conviction.

You must disclose all arrests and charges,
even if the arrest occurred when you were a
minor. An adjudication of juvenile
delinquency is not a “conviction” under
U.S. immigration law, but a juvenile can be
charged as an adult for an offense
committed while a juvenile. If you were
convicted as an adult, there is a conviction,
regardless of whether you were tried before
a criminal court or a juvenile court. An
adjudication of juvenile delinquency could
also be relevant to the exercise of
discretion. If you claim that an arrest
resulted in an adjudication of delinquency,
and not in a conviction, you must submit a
copy of the court document that establishes
this fact.

10

In general, you do not need to submit
documentation relating to traffic fines and
incidents that did not involved an actual
physical arrest if the penalty was only a
fine of less than $500 or points on your
driver’s license. However, you must submit
such documentation if the traffic incident
resulted in criminal charges or involved
alcohol, drugs, or injury to a person or
property.
If you are not able to obtain certified copies
of any court dispositions relating to the
above, please submit:

Page 28,
Paperwork Reduction
Act

•

An explanation of why the documents
are not available, including (if possible)
a certificate from the custodian of the
documents explaining why the
documents are not available;

•

Any secondary evidence that shows the
disposition of the case; or

•

If secondary evidence is also not
available, one or more written
statements, signed under penalty of
perjury under 28 U.S.C. 1746, by
someone who has personal knowledge
of the disposition.

5. Asylum and Withholding of
Deportation Applicants (with a pending
Form I-589) who filed BEFORE January
4, 1995 – (c)(8). You may file Form I-765
at any time; however, we will only grant
your employment authorization if we find
that your asylum application is not
frivolous. File Form I-765 with a copy of
the following documents, where applicable:

5. Asylum and Withholding of
Deportation Applicants (with a pending
Form I-589) who filed BEFORE January
4, 1995 – (c)(8). You may file Form I-765
at any time; however, we will only grant
your employment authorization if we find
that your asylum application is not
frivolous. File Form I-765 with a copy of
the following documents, where applicable:

A. Your date-stamped previously filed
Form I-589;

[no change]

…

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[Page 28]

[Page 28]

Paperwork Reduction Act

Paperwork Reduction Act

USCIS may not conduct or sponsor an
information collection, and you are not required
to respond to a collection of information, unless
it displays a currently valid Office of
Management and Budget (OMB) control
number. The public reporting burden for this

USCIS may not conduct or sponsor an
information collection, and you are not required
to respond to a collection of information, unless
it displays a currently valid Office of
Management and Budget (OMB) control
number. The public reporting burden for this

11

collection of information is estimated at 4.38
hours per response, including the time for
reviewing instructions, gathering the required
documentation and information, completing the
application, preparing statements, attaching
necessary documentation, and submitting the
application. The collection of biometrics is
estimated to require 1 hour and 10 minutes.
The public reporting burden for the collection
of information for Form I-765WS is estimated
at 30 minutes per response, including the time
for reviewing instructions, gathering the
required documentation and information,
completing the application, preparing
statements, attaching necessary documentation,
and submitting the application. Send comments
regarding this burden estimate or any other
aspect of this collection of information,
including suggestions for reducing this burden,
to: U.S. Citizenship and Immigration Services,
Office of Policy and Strategy, Regulatory
Coordination Division, 5900 Capital Gateway
Drive, Mail Stop #2140, Camp Springs, MD
20588-0009; OMB No. 1615-0040. Do not
mail your completed Form I-765 to this
address.

12

collection of information is estimated at 4.72
hours per response, including the time for
reviewing instructions, gathering the required
documentation and information, completing the
application, preparing statements, attaching
necessary documentation, and submitting the
application. The collection of biometrics is
estimated to require 1 hour and 10 minutes.
The public reporting burden for the collection
of information for Form I-765WS is estimated
at 30 minutes per response, including the time
for reviewing instructions, gathering the
required documentation and information,
completing the application, preparing
statements, attaching necessary documentation,
and submitting the application. Send comments
regarding this burden estimate or any other
aspect of this collection of information,
including suggestions for reducing this burden,
to: U.S. Citizenship and Immigration Services,
Office of Policy and Strategy, Regulatory
Coordination Division, 5900 Capital Gateway
Drive, Mail Stop #2140, Camp Springs, MD
20588-0009; OMB No. 1615-0040. Do not
mail your completed Form I-765 to this
address.