work authorization

The I-765 Worksheet is for those applying for employment authorization, otherwise known as a work permit, and falls under either Deferred Action or Deferred Action for Childhood Arrivals (DACA). USCIS uses the Worksheet to determine whether they can grant work authorization due to economic needs. This post will break down each section and explore some DACA I-765WS frequently asked questions.

What is Form I-765WS?

Only people under DACA need to complete the I-765 Worksheet along with  Form I-765 Application for Employment Authorization. Compared to other immigration forms, this Worksheet is pretty straightforward and consists of simple questions regarding your annual income, expenses, and assets. The I-765 Worksheet is a one-page form that consists of the following sections:

Part 1. Your Full Name

The first section asked for your first, last, and middle name.

Part 2. Financial Information

The second section asks for your current annual income, your current annual expense, and the total current value of your assets.

Do not include your parent’s income if you live with them. If you do not make any income, write $0 in the annual income line. If you have a job you regularly work, you can use the information from the pay stub.

You are not required to include financial information from other household members. You can calculate your annual income by taking the total of everything you earned in the past twelve months including cash. Even if you have worked without legal work status, you need to include income earned from any jobs.

If you have a scholarship to assist you with living expenses, you need to factor that into your total income. If the scholarship only applies to academic costs, you don’t need to include it.

Moreover, if someone gave you a large amount of money that you placed in a savings account, that needs to be considered income. To determine your annual expenses sum up the cost like groceries, gas, utilities, rent, car payment, medical expenses, tuition, etc. To determine the value of your assets, include things like a car/boat/motorcycle if you own one, savings accounts, certificates of deposit, mutual funds, electronics (the reasonable value if you were to sell them), etc.

Part 3. Explanation

If you would like to share it, the third and final section is why you currently need the authorization to work. Describe any economic hardships and/or expenses that require you to have income coming in. While the form states that submitting supporting documentation to support your reason is not required, USCIS will review any evidence that you submit.

What is Considered Economic Necessity?

As previously mentioned, you are not required to provide evidence supporting your economic need, but it can be helpful to bolster your case. Examples include wanting to contribute to your household if your guardians currently fund your lifestyle. Another reason is you could be saving up for a vehicle, college fund, savings fund, bills, house payments, school costs, and of course funding all the basic living necessities is reason enough to include.

I-765 Worksheet Sample

I-765ws

Once you complete the Worksheet, sign it and submit it along with your Form I-765 Application for Employment Authorization. In addition, if you are applying for DACA for the first time, submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals.

DACA Renewal Form I-765WS

Who may file form I-765WS for DACA?

In 2012 the U.S. established DACA as a form of deferred action. It allows specific individuals brought to the United States as children to receive temporary protection from deportation (in renewable two-year increments) and apply for employment authorization. Once you get work authorization, you can also get a Social Security Card. There are several requirements to be eligible under DACA, including coming to the U.S. before turning 16 years old, living here continuously since June 15, 2007, and others. To learn more about DACA benefits, click here.

USCIS requires you to submit three forms concurrently when initially applying for DACA:

  1. Form I-821D, Consideration of Deferred Action for Childhood Arrivals
  2. I-765, Application for Employment Authorization
  3. Form I-765ws Worksheet

Upon DACA renewal, you will need to submit the Worksheet again.

I-765WS Frequently Asked Questions

What is Deferred Action? 

Deferred action is a type of immigrant status that can defer removal proceedings (deportation). If you fall under this category, file Form I-765 and a copy of the notice indicating the deferred action for your case.

Is there a fee to file the I-765ws? 

There is no fee for the Worksheet, but you must submit it along with the I-765 and I-821D, which have respective fees.

Can I use my EAD as an I.D. for my driver’s license? 

Yes, you can use the work permit as identification.

Can I renew my DACA?

Yes, you can currently renew your DACA status. However, it is best to submit the renewal paperwork 120-150 days before the expiration of your DACA.

What is the status of DACA today?

Individuals who currently have DACA can renew it without a problem, but the DACA program is now (as of Sept. 2021) not processing or approving new applications. This may change in the future, so it is best to consult a qualified immigration professional to explore your options.

Is advance parole available? 

Yes, USCIS can grant current DACA recipients advance parole for humanitarian, employment, or educational reasons through a school or academic institution. If you plan to travel outside of the United States, make sure USCIS approves your advance parole application before you leave the country.

What documents do I need to submit for my EAD application? 

Along with your Form I-765, you should submit:

  • a copy of your I-94 Arrival/Departure Record
  • a copy of a government-issued I.D.
  • If applicable, a copy of a previous EAD
  • two identical passport photos,
  • Form G-28 if you have an accredited lawyer or representative.

See this complete EAD checklist from USCIS. 

How VisaNation Law Group Can Help

Get Started

Submitting an incorrect I-765WS is detrimental. VisaNation Law Group can help with all your DACA needs.