Form I-765, Application for Employment Authorization, is a vital document for humanitarian parolees who wish to legally enter the workforce in the United States since it is required for applying for an Employment Authorization Document (EAD).
Form I-765 is a complex document. However, if you complete the form correctly, you will be well on your way to securing a Work Permit and beginning your new life in the United States.
What is Form I-765?
Form I-765 is an Application for Employment Authorization. With this form, you can:
- Apply for an Employment Authorization Document (EAD). This is the card issued as evidence that the holder is authorized to work in the United States.
- Renew an EAD.
- Replace an EAD issued in case of loss, theft, damage, or containing errors.
- Apply for a Social Security number and card. You can request a Social Security number (SSN) on Part 2 (Items 13a-17.b) of your Form I-765. USCIS will electronically transmit that data to the Social Security Administration (SSA), and it will assign you an SSN and issue you a Social Security card.
When should I file Form I-765?
Form I-765, Application for Employment Authorization, is a versatile form that can be used to apply for a variety of immigration benefits, including:
- Employment authorization
- Adjustment of status
- Asylum
- Temporary Protected Status (TPS)
- Deferred Action for Childhood Arrivals (DACA)
- VAWA (Violence Against Women Act)
- U visas (for crime victims)
- T visas (for victims of human trafficking)
Who is eligible to file Form I-765?
To apply for Form I-765, you must be a foreign citizen residing in the US and fall into one of the following categories:
- lawful permanent resident,
- asylee/refugee,
- the beneficiary of humanitarian parole,
- victim of human trafficking,
- DACA recipient,
- F-1/J-1/M-1/Q-1 nonimmigrant applying for employment authorization,
- H-2A/H-2B/H-3/H-4 nonimmigrant applying for employment authorization based on change of status to H-1B,
- or spouse/child of the foreign citizen.
For more information, refer to the USCIS Employment Authorization Application Instructions.
Form I-765 Fees
To file Form I-765, you must pay a filing fee and submit supporting documentation. You can file online by creating an account on my.uscis.gov, or you can file in person at a USCIS Service Center.
The filing fee must be paid by credit or debit card. If you file your application by mail, you must print the form, complete it, and mail it to USCIS along with the filing fee.
For first-time applicants, the filing fee is $410. If you are applying for Form I-765 based on a change of status to H-1B status, the filing fee is $220.
Fee Waiver or Form I-912
You may also apply for a fee waiver to file this application for free. You may be eligible if you meet the following requirements:
- You cannot pay the filing fee due to extreme poverty.
- You are a victim of domestic violence, sexual assault, or stalking.
- You are a person with a disability.
- You are a child of a United States citizen or lawful permanent resident.
- You are a member of a religious denomination that prohibits the payment of fees.
If you believe you are eligible for a fee waiver, you must submit Form I-912 with your Form I-765 along with supporting evidence that supports your request.
How long does it take to get a work permit?
Once you have completed all the forms, you must send them to USCIS along with the required fees. USCIS will review your application and make a decision on whether to grant a work permit.
The processing time for Form I-765 varies depending on the service center that is processing your application, the complexity of the case, and the current workload. However, the average processing time is between 3 to 6 months.
It is recommended to check the real-time processing times on the USCIS website or from your mobile device with the help of Inmigreat.
What happens if my employment authorization application is denied?
If your Form I-765 is denied, you will receive a written decision from USCIS explaining the reasons. Some of the most common reasons why Form I-765 is denied are:
- You are not eligible for employment authorization.
- You did not submit all of the required documents.
- You submitted incomplete or inaccurate information.
- You have a criminal record.
- You are inadmissible to the United States.
In this case, it is recommended to contact an immigration attorney to discuss your options. Appeals must be filed within 30 days of the denial date with the Administrative Appeals Office (AAO).
