To work in the United States, you must obtain an employment authorization document. To apply for an EAD, you must first submit Form I-765, which is the application for authorization to work in the U.S. Most family members and some green card holders must submit Form I-765. If immigrating through an employment-based visa, you will not be required to submit this form. On this page, you will learn all about Form I-765, the requirements, instructions, filing fees, filing locations, processing times, and how to check the status of your Form.
What is Form I-765?
Form I-765 is a document used to request an Employment Authorization Document (EAD), which allows an individual to work legally in the U.S. The form is issued by the USCIS. The EAD, also known as a work permit, is necessary for individuals who are not U.S. citizens or permanent residents to work in the country. The form requires personal information, employment history, and other supporting documents to be submitted to the USCIS. Once approved, the EAD card (I-766) is issued and allows the individual to work legally for a specified period of time.
I-765 Requirements
There are numerous requirements that you need to fulfill to be able to get approval for your I-765 Form and ultimately receive the EAD. The requirements are:
- Eligibility – The applicant must be eligible to apply for employment authorization, either as an applicant for adjustment of status or as an individual with a specific status, such as
- F-1 OPT
- Refugee or asylee
- TPS holders
- Spouses of certain visa holders, such as H-1B
- Accurate and Complete Information – The applicant must provide accurate and complete information on the I-765 form, including their full name, date of birth, and Social Security Number (if applicable).
- Pay the Fee – The applicant must submit the required fee along with the I-765 form. The fee may vary depending on the eligibility category and the USCIS office processing the application.
- Supporting Documentation – The applicant must provide any necessary supporting documentation, such as evidence of their eligibility category or a copy of their current employment authorization document.
- A Copy of Your Form I-94 – You must submit a copy of the front and back, a printout of your electronic Form I-94, your passport or other travel document.
- Photos – The applicant must submit two passport-style photos taken within the last 30 days.
- Filing Location – The applicant must file the I-765 form at the appropriate USCIS filing location, which may depend on the eligibility category and the applicant’s current location.
- Timely Filing – The applicant must file the I-765 form within the appropriate timeframe, which may depend on the eligibility category and the applicant’s current status.
- Form G-28 – If the applicant is represented by an attorney or accredited representative.
- Signature – The applicant must sign and date the I-765 form in the appropriate space.
How to Fill Out Form I-765
It is crucial to follow the instructions on the I-765 in order to properly fill it out and ensure higher chances of approval. The instructions can be summarized as follows:
- Part 1: provide details about the reason for filing the form, such as an initial request, a renewal, or a replacement
- Part 2: provide details about yourself, such as your full legal name, A-number, contact details including address, gender, marital status, citizenship information, and place/date of birth. You will also need to provide details of your latest entries to the United States and your current immigration status. Having your I-94 at the ready can expedite this process. Lastly, you will need to provide the code associated with your eligibility category, which is found in the I-765 instruction sheet.
- Part 3-5: Parts 3-5 include information on interpreters and preperers. It’s important to sign the form before filing.
Filing Fee for I-765
The filing fee for Form I-765 varies depending on the applicant’s eligibility category. The current fees are as follows:
- $520 (paper filing) or $470 (online) for most employment authorization categories
- $260 If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, and your Form I-485 is still pending.
- $520 for applications based on Deferred Action for Childhood Arrivals (DACA), TPS, or Parolee (most categories)
- $0 for certain eligible individuals applying for adjustment of status under specific categories, such as refugees or asylees
It’s important to note that USCIS may adjust the filing fees periodically, so it’s always a good idea to check the USCIS website for the most up-to-date information.
USCIS may waive the filing fee in certain circumstances, such as for individuals who can demonstrate financial hardship or who are receiving a means-tested benefit.
It’s crucial to ensure that the correct fee is included with the application, as USCIS will reject applications with incorrect fees. Additionally, the filing fee is non-refundable, even if the application is denied.
Where to File I-765
The filing location for Form I-765 depends on the eligibility category under which the applicant is filing. Make sure to check filing addresses before mailing your form. Here are the most common filing locations:
Processing Time for I-765
The processing time for Form I-765 is between 2 and 7 months. However, it varies depending on several factors, such as the applicant’s eligibility category, the workload of the USCIS processing center, and whether the application is complete and filed correctly.
The USCIS estimates the following processing times for I-765 applications:
- For most categories: 2 to 5 months
- For DACA applications: 3 to 5 months
- For some adjustment of status applicants: 5 to 7 months
However, it’s essential to note that these processing times are only estimates and may vary depending on the volume of applications received and other factors.
USCIS also provides a tool called the “Case Processing Times” webpage, which provides an estimated processing time for each USCIS service center and processing location. Applicants can enter their receipt number to check the current status of their application and view the estimated processing time.
There are also several factors that can impact the processing time of an I-765 application, such as a Request for Evidence (RFE), which may be issued if USCIS requires additional information or documentation to make a decision on the application. If an RFE is issued, the processing time will be delayed until the requested information is provided.
Another factor that can impact the processing time is USCIS’s workload, which can vary depending on external factors such as policy changes, staffing levels, and fluctuations in the volume of applications received.
It’s also essential to ensure that the application is complete and filed correctly, as errors or omissions can result in processing delays or even rejection of the application. To avoid such issues, applicants should carefully review the USCIS instructions and seek legal advice if needed.
How to Check I-765 Status
To check the status of an I-765 application, applicants can use the USCIS website or call the USCIS customer service hotline. Here are the steps to follow:
- Visit the USCIS website and navigate to the “Check Case Status” page.
- Enter the application receipt number (also known as the “case number”) in the provided field. The receipt number can be found on the Form I-797 Notice of Action that USCIS mailed to the applicant after receiving the application.
- Click “Check Status” to view the current status of the application.
Alternatively, applicants can call the USCIS customer service hotline at 1-800-375-5283 and follow the automated prompts to check the status of their application. Applicants should be prepared to provide their receipt number and other identifying information to the USCIS representative.
It’s important to note that USCIS updates the online case status information periodically, so the status may not always be current. Additionally, USCIS may request additional information or documentation to make a decision on the application, which can result in processing delays. If the processing time has exceeded the estimated timeframe, applicants can submit an inquiry through the USCIS website or contact the USCIS customer service hotline for assistance.
Frequently Asked Questions About I-765
Below you will find answers to the most commonly asked questions about Form I-765:
What is meant by I-765?
The I-765 is a form used to apply for employment authorization in the United States. It is also known as the Application for Employment Authorization. Without this form, some foreign residents are not allowed to be employed in the country.
How long does it take to get the I-765 approved?
The processing time for the I-765 is generally around 4 months. It can vary depending on several factors, such as the applicant’s eligibility category, the workload of the USCIS processing center, and whether the application is complete and filed correctly.
What is I-765 vs. I-485?
The I-765 is a standalone application for employment authorization, while the I-485 is an application to adjust status to permanent resident status. Both forms may be required for certain types of cases, but they serve different purposes. It is possible to submit each form separately and also submit them together.
Can I stay in the U.S. while my I-765 is being processed?
Generally, an applicant can stay in the U.S. while their I-765 application is being processed, as long as they are maintaining their current immigration status or have another valid basis for remaining in the U.S. The fact that you have an EAD or I-765 that is processing does not grant you the right to remain in the country.
How can I speed up my EAD?
While there is no guaranteed way to speed up the processing of an I-765, there are some steps that may help, such as submitting a complete and accurate application, responding promptly to any requests for additional information, and following up with USCIS if the processing time exceeds the estimated timeframe. Additionally, some applicants may be eligible for expedited processing under certain circumstances, such as severe financial hardship or urgent humanitarian reasons.