What is Form I-765: Application for Employment Authorization?

Form I-765, officially known as the Application for Employment Authorization, is a document issued by the U.S. Citizenship and Immigration Services (USCIS). Its primary purpose is to request employment authorization for non-citizens temporarily residing in the United States. This form is typically used by immigrants who are not U.S. citizens or Permanent Residents (Green Card holders) but are in a category of individuals who are authorized to work in the United States. Filing and approval of Form I-765 enables these individuals to obtain an Employment Authorization Document (EAD), also known as a work permit, legally allowing them to work in the U.S.

Form I-765 is designed to cater to a wide variety of non-U.S. citizens who need permission to work in the United States. Here are some of the specific categories or situations where the form is relevant:

Please note that this is not an exhaustive list, and there are other categories of individuals who may be eligible to apply for a work permit using Form I-765. Also, eligibility requirements may vary depending on the specific category under which one is applying. It's always recommended to consult with an immigration attorney or expert to ensure accurate application.

What are the Key Components of Form I-765?

Form I-765 is divided into various sections, each designed to gather specific information about the applicant. Here's an overview of the main categories of information sought in the form:

Remember, the form must be filled out completely and accurately to avoid potential processing delays or denials. It's always advisable to double-check all information before submitting the form to USCIS.

How do I Fill Out The Form I-765: Step-by-Step?

Completing Form I-765 requires careful attention to detail to ensure the information is accurate and complete. Here's a step-by-step guide to help you complete the form accurately:

**Step 1: Basic Personal Information (Part 1)**

You'll start by providing your basic personal information, including your full name, mailing address, and other details. Make sure all the information is accurate and matches your official documents.

**Step 2: Eligibility Category (Part 2)**

This is a crucial step because it determines whether you're eligible to apply for a work permit. You'll need to enter the correct eligibility code that corresponds to your immigration status or category. This section often causes confusion, so make sure to look up the correct code for your status.

**Step 3: Processing Information (Part 3)**

Provide details about your last arrival in the U.S., your current immigration status, and the date your status was last granted. If you have an I-94, you'll need to provide the arrival-departure record number.

**Step 4: Additional Information (Part 4-6)**

Depending on your eligibility category, you may need to provide additional information. For example, if you're an F-1 student applying for OPT, you'll need to give information about your school and degree.

**Step 5: Applicant’s Statement, Contact Information, Declaration, Certification, and Signature (Part 7)**

Read through this section carefully before signing. By signing, you're certifying that the information you've provided is true and correct.

**Step 6: Interpreter's Information (Part 8, if applicable)**

If you used an interpreter to fill out the form, they need to provide their information and sign in this section.

**Step 7: Preparer's Information (Part 9, if applicable)**

If someone else (other than an interpreter) helped you complete the form, they need to provide their information and sign in this section.

**Step 8: Additional Information (Part 10)**

This section is for any additional information that may be relevant to your application. Use as many additional sheets as needed.

Remember, any mistakes or omissions can cause delays in processing or even denial of your application. It's always advisable to double-check your form before submitting it. If you're unsure about any part of the form, consider seeking

What Documentation and Supporting Materials are Needed?

Alongside Form I-765, you will need to submit a range of supporting documents to prove your identity, eligibility, and immigration status. The exact documents you need will depend on your specific circumstances and the eligibility category you're applying under. However, generally, you may need to provide:

Remember that all documents not in English must be translated. The translator must certify that the translation is accurate and that they are competent to translate.

Note: Always refer to the official USCIS instructions for Form I-765 for the most accurate and up-to-date information about required documents and fees. The requirements can change, and there may be additional requirements for certain eligibility categories. It's always a good idea to consult with an immigration attorney or expert if you have any doubts or questions.

What are the Fees Associated with Form I-765?

When submitting Form I-765, you will need to pay certain fees to cover the cost of processing your application. As of the time of writing, these fees include:

It's crucial to note that these fees are subject to change, so always refer to the official USCIS website for the most current fee information.

Regarding the payment method, you can pay by check or money order. Both should be made payable to the U.S. Department of Homeland Security. Do not abbreviate the name or use initials. If you live in the United States, you can also pay with a credit card using Form G-1450, Authorization for Credit Card Transactions.

In terms of fee waivers, USCIS does offer waivers for the I-765 filing fee under certain circumstances. To apply for a fee waiver, you must submit Form I-912, Request for Fee Waiver, or a written request. You must also provide documentation proving that you are eligible for the fee waiver, for example, proof of financial hardship.

Remember, it's important to check the current fees and payment method options on the USCIS website or consult with an immigration attorney before sending your application.

How is the Submission Process for Form I-765 Carried Out?

Submitting Form I-765 involves several steps, from preparing the application to mailing it to the appropriate USCIS office. Here's a step-by-step overview:

Ensure you fill out Form I-765 accurately and completely. Any inaccuracies or omissions may delay the processing or lead to a denial of your application.

Compile all the necessary supporting documents as listed in the form instructions. This might include proof of your identity, immigration status, eligibility category, and more.

Calculate the correct fees (filing fee and, if applicable, biometric services fee), and prepare the payment. You can pay by check, money order, or, if you reside in the U.S., by credit card using Form G-1450.

Once your application package (Form I-765, supporting documents, and fee payment) is ready, you'll need to mail it to USCIS. The specific mailing address depends on the eligibility category under which you're applying and your place of residence. You can find the correct mailing address on the USCIS website's 'Direct Filing Addresses for Form I-765' page.

As of now, online filing is not available for all categories of applicants. However, certain categories of applicants, such as F-1 students seeking Optional Practical Training (OPT), may be eligible to file Form I-765 online. Refer to the USCIS website for the most accurate and up-to-date information on online filing.

There's no specific deadline for submitting Form I-765, but it's recommended to apply at least 90 to 120 days before the date you'd like to start working, especially for categories like OPT, where timing is crucial.

Remember to keep a copy of everything you send to USCIS for your records. You might also consider sending your application by certified mail or another service that provides delivery confirmation to ensure it reaches USCIS.

Note: Always refer to the official USCIS instructions for Form I-765 for the most accurate and up-to-date information about the submission process. If you're unsure about any aspect of the process, consider seeking advice from an immigration attorney or expert.

After you've submitted Form I-765, the USCIS will follow a certain process to review your application:

Once USCIS receives your application, they will send you a receipt notice (Form I-797C) by mail. This notice confirms that USCIS has received your application and provides a receipt number that you can use to track the status of your case online.

**Step 2: Biometrics Appointment (if applicable)**

Depending on your eligibility category, you may be required to attend a biometrics appointment at a local USCIS office. At this appointment, USCIS will collect your fingerprints, photograph, and/or signature for their records. If this is required, you will receive a notice in the mail with the date, time, and location of your appointment.

USCIS will review your application and the supporting documents you submitted. If everything is in order, they will proceed with processing your application.

**Step 4: Request for Evidence (if necessary)**

If USCIS needs additional information or documents to make a decision on your application, they will send you a Request for Evidence (RFE). If you receive an RFE, respond as soon as possible with the requested information to avoid delays in processing your application.

Once USCIS has reviewed your application and any additional evidence you submitted, they will make a decision. You will receive a notice in the mail informing you of the decision. If your application is approved, you will receive your Employment Authorization Document (EAD) in the mail.

The processing time for Form I-765 varies, but it typically takes between 3 to 5 months from the time you submit your application to when you receive your EAD. However, processing times can vary based on the specific USCIS office handling your case, your eligibility category, and other factors. You can check current processing times on the USCIS website.

Remember, it's important to keep your address updated with USCIS to ensure you receive all correspondence about your application. If you move while your application is pending, use Form AR-11, Alien’s Change of Address Card, to update your address.

What are Common Mistakes and How Can I Avoid Them?

Filling out Form I-765 accurately is crucial for a smooth application process. However, there are common mistakes applicants make that can lead to delays or denials. Here's what to watch out for and how to avoid these errors:

**1. Filing Under the Wrong Eligibility Category:** Each eligibility category has specific requirements, and filing under the wrong category can lead to a rejection. Always double-check the eligibility category that corresponds to your specific situation.

**2. Incomplete or Inaccurate Information:** Leaving out critical information or providing inaccurate details can cause significant delays or even denial of your application. Always review your form carefully before submitting to ensure all information is correct and complete.

**3. Incorrect Fee Payment:** Failing to include the correct fee, or not including it at all, can lead to a rejection. Always check the USCIS website for the most up-to-date fee information and ensure your payment is correctly made out to the U.S. Department of Homeland Security.

**4. Failure to Sign the Form:** An unsigned form will be rejected. Always remember to sign your form before submitting it.

**5. Not Including Required Supporting Documents:** Each eligibility category has specific supporting documentation requirements. Failing to include these can delay your application. Always double-check you've included all necessary supporting documents.

**6. Sending the Application to the Wrong Address:** The address where you need to mail your application can vary depending on your eligibility category. Always verify the correct mailing address using the USCIS website.

**7. Not Responding to a Request for Evidence (RFE):** If USCIS requires additional information or documents to process your application, they will send you an RFE. Failing to respond can lead to a denial.

To avoid these mistakes, always read the form instructions carefully and consider seeking help from an immigration attorney or expert if you're unsure about anything. Also, remember to keep a copy of everything you send to USCIS for your records.

What are Some Important Notes and Considerations?

There are several important aspects to bear in mind when dealing with Form I-765:

**1. Updates to the Form:** USCIS occasionally updates their forms, including Form I-765. Always ensure you are using the most recent version of the form, which can be found on the official USCIS website.

**2. Changes in Your Situation:** If there's a significant change in your situation while your Form I-765 is pending, such as a change in your immigration status or eligibility category, you should notify USCIS. Depending on the change, you might need to file a new Form I-765.

**3. Application Caps:** Certain categories of applicants, such as H-4 and L-2 visa holders, have been subject to application caps in the past. Always check the current policies on the USCIS website or consult with an immigration attorney.

**4. Processing Times:** Processing times for Form I-765 can vary based on a variety of factors, including the specific USCIS office handling your case, your eligibility category, and other factors. You can check current processing times on the USCIS website.

**5. Renewal Applications:** If you already have an Employment Authorization Document (EAD) and it's about to expire, you can file Form I-765 to renew it. USCIS recommends filing the renewal application at least 180 days before your current EAD expires.

**6. Impact of Denial:** If your Form I-765 is denied, USCIS will send you a letter explaining why. You may be able to appeal the decision or file a motion to reopen or reconsider.

Remember, immigration laws and procedures can change, so it's always a good idea to check the latest information on the USCIS website or consult with an immigration attorney or expert.

No, you cannot begin working until your Form I-765 has been approved and you have received your Employment Authorization Document (EAD).

Processing times vary based on a variety of factors, including the specific USCIS office handling your case and your eligibility category. Typically, it can take between 3 to 5 months, but it can be longer in some cases. Always check the most current processing times on the USCIS website.

As of now, online filing is available for certain categories of applicants, such as F-1 students seeking Optional Practical Training (OPT). Always check the USCIS website for the most up-to-date information on online filing.

If you lose your EAD, you can file a new Form I-765 along with the required fee to request a replacement EAD.

If your application is denied, USCIS will send you a notice explaining the reason for the denial. Depending on the reason, you may be able to appeal the decision or file a motion to reopen or reconsider.

Traveling outside the U.S. while your I-765 is pending can be risky, as it may be considered abandoning your application, leading to a denial. Always consult with an immigration attorney before making travel plans.

Yes, you can file Form I-765 to renew your EAD. USCIS recommends filing the renewal application at least 180 days before your current EAD expires.

What are Some Frequently Asked Questions?

Can I work while my Form I-765 is being processed?

How long does it take to process Form I-765?

Can I travel outside the U.S. while my Form I-765 is pending?

Planning to apply for U.S. employment authorization? This guide helps you understand Form I-765, its purpose, and eligibility criteria. It provides a step-by-step process, explains the fees, and helps avoid common errors. It also answers frequently asked questions.

Form I-765: A Guide to Applying for U.S. Employment Authorization

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