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I-765
Certain aliens who are temporarily in the United States may file a Form I-765,
Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other aliens
who are authorized to work in the United States without restrictions should also use this form to apply to the
USCIS for a document evidencing such authorization.

What Is USCIS Form I-765?
What Are The Requirements For Form I-765?
How Long Is The Employment Authorization Document (EAD) Valid?
Are Dependents Eligible For Employment Authorization?
What Is The Application Fee: Full Service Fast Forms
What Is USCIS Form I-765?
Review ELIGIBILITY CATEGORIES to determine whether
you should use this form.
Please note the following
definitions:
Employment Authorization Document (EAD): Form I-688 Form I-688A; Form I-688B; or any successor
document issued by the USCIS as evidence that the holder is authorized to work in the United
States.
Renewal EAD: an EAD issued to an eligible applicant at or after the expiration
of previous EAD issued under the same category.
Replacement EAD: an EAD issued to an eligible applicant when the previously
issued EAD has been lost, stolen, mutilated, or the previously issued card contains
erroneous information, such as a misspelled name.
Interim EAD: an EAD issued to an eligible applicant when the USCIS has failed to
adjudicate an application within 90 days of receipt of a properly filed EAD application or
within 30 days of a properly filed initial EAD application based on an asylum application
filed on or after January 4, 1995. The interim EAD will be granted for a period not to
exceed 240 days and is subject to the conditions noted on the document.
What Are The Requirements For Form I-765?
VisaNow.com® can prepare and submit the I-765 application
if the I-765 applicant is presently in the U.S. in status.
Form I-765 requires evidence that
you belong to any one of the following ELIGIBILITY CATEGORIES:
- Applicant for Adjustment of Status
to Permanent Residence. You may file Form I-765 together with your Form I-485, or
after your I-485 has been filed with USCIS.
- Temporary Protected Status (TPS).
- Applying for Temporary Protected
Status (TPS)/Temporary Treatment Benefits. File your EAD
application with your TPS application, Form I-821.
- Granted Withholding of
Deportation. It is not necessary to apply for a new EAD until 90 days before the
expiration of your current EAD.
- Dependent of A-l or A-2 Foreign
Government Officials.
- Dependent of G-l, G-3 or G-4
Nonimmigrant
- Applicant for Suspension of
Deportation.
- Paroled in the Public Interest.
- Deportable Alien Granted Voluntary
Departure. Evidence establishing your economic need to work is required.
- Deferred Action.
- Adjustment Applicant Based on
Continuous Residence Since January 1, 1972.
- Final Order of Deportation.
Request for employment authorization which may be based on, but not limited to the
existence of economic necessity to be employed, existence of a dependent spouse and/or
children in the United States who rely on you for support; and anticipated length of time
before you can be removed from the United States
- Asylee, (granted asylum). It
is not necessary to apply for an EAD as an asylee until 90 days before the expiration of
your current EAD.
- Refugee.
- Paroled as a Refugee.
- Asylum Applicant (with a pending
asylum application) who Filed for Asylum on or after January 4, 1995. If you filed a
Form I-589, Request for Asylum and for Withholding of Deportation, on or after January 4.
1995. you must wait at least 150 days before you are eligible to apply for an EAD. If you
file your EAD application early, it will be denied and you will have to file a new
application.
- Asylum Applicant (with a pending
asylum application) who Filed an Initial Request for Asylum Prior to January 4, 1995, and IS
IN Exclusion or Deportation Proceedings. If you filed your Request for Asylum and
Withholding of Deportation (Form I-589) prior to January 4. 1995 and you are in exclusion
or deportation proceedings
- Asylum Applicant under the ABC
Settlement Agreement. If you are an El Salvadoran or Guatemalan national eligible for
benefits under the ABC settlement agreement, American Baptist Churches v. Thornburgh, 760
F. Supp. 796 (N.D. Cal. 1991)
- Deferred Enforced Departure
(DED)/Extended Voluntary Departure.
- F-1 Student Seeking Optional
Practical Training in an Occupation Directly Related to Studies.
- F-1 Student Offered Off-Campus
Employment under the Sponsorship of a Qualifying International Organization.
- F-1 Student Seeking Off-Campus
Employment Due to Severe Economic Hardship.
- J-2 Spouse or Minor Child of an
Exchange Visitor. A written statement, with any supporting evidence showing, that your
employment is not necessary to support the J-1 but is for other purposes is required.
- M-1 Student Seeking Practical
Training after Completing Studies.
- Dependent of CCNAA E-1
Nonimmigrant.
- Dependent of NATO Personnel.
- N-8 or N-9 Nonimmigrant.
- Family Unity Program. The USCIS
may take up to 90 days from the date upon which you are granted status under the Family
Unity Program to adjudicate your EAD application.
- K-l Nonimmigrant (Fiancé(e) of
U.S. Citizen or K-2 Dependent. File your EAD application if you are filing within 90
days from the date of entry. This EAD cannot be renewed. Any EAD application other than
for a replacement must be based on your pending application for adjustment.
- Citizen of Micronesia or the
Marshall Islands or Palau. If you were admitted to the United States as a citizen of
the Federated States of Micronesia (CFA/FSM) or of the Marshall Islands (CFA/MIS) pursuant
to agreements between the United States and the former trust territories.
- B-l Nonimmigrant who is the
personal or domestic servant of a nonimmigrant employer.
- B-l Nonimmigrant Domestic Servant
of a U.S. Citizen.
- B-l Nonimmigrant Employed by a
Foreign Airline.
How Long Is The Employment Authorization Document (EAD) Valid?
Please review the definitions above. Unless specified above, EAD is
typically valid for one year, and may be renewed yearly.
Are Dependents Eligible For Employment Authorization?
Each person that desires employment authorization must file a separate I-765
application.
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