By Patricia Elizées, Esq._____
For many immigrants in the United States, obtaining work authorization is a critical step toward financial stability and independence. Form I-765, Application for Employment Authorization, allows certain non-citizens to legally work in the U.S. while their immigration status is being processed. Understanding who qualifies, the application process, and what to expect can help ensure a smooth experience.
What is Form I-765?
Form I-765 is an official document issued by the U.S. Citizenship and Immigration Services (USCIS) that grants temporary employment authorization to eligible non-citizens. Approval results in an Employment Authorization Document (EAD), commonly known as a work permit, allowing the holder to work legally in the U.S. for a specified period.
Who is Eligible to Apply for an EAD?
The eligibility criteria for Form I-765 vary based on immigration status. Some of the common categories include:
• Applicants for Adjustment of Status (Green Card Applicants): Individuals applying for a Green Card (Form I-485) may apply for an EAD while their case is pending.
• Asylum Seekers and Refugees: Those granted asylum or refugee status and individuals with pending asylum applications (after 150 days) may apply.
• DACA (Deferred Action for Childhood Arrivals) Recipients: Those eligible under the DACA program must renew their work permits periodically.
• Temporary Protected Status (TPS) Holders: Nationals from designated countries experiencing conflict or disaster can apply for work authorization.
• F-1 Students with OPT or STEM OPT: International students in Optional Practical Training (OPT) or STEM OPT Extension programs require an EAD to work legally.
• Certain Non-Immigrant Visa Holders: Some visa holders, including spouses of H-1B (H-4 EAD) and L-1 (L-2 EAD) visa holders, are eligible for work authorization.
How to Apply for Form I-765
Applying for an EAD involves several key steps:
Step 1: Determine Your Eligibility Category
Before filling out the form, applicants must select the appropriate eligibility category listed on the form’s instructions. This is crucial, as errors can lead to delays or denials.
Step 2: Gather Required Documents
Each applicant must submit supporting documents, which typically include:
• A copy of the applicant’s most recent I-94 Arrival/Departure Record
• A copy of the applicant’s passport and visa
• Copies of previous EADs (if applicable)
• Two passport-style photographs
• A copy of the USCIS receipt notice (if applicable, such as for pending I-485 applicants)
• Proof of eligibility (e.g., Form I-797 for asylum seekers, I-20 for F-1 students)
Step 3: Complete Form I-765
Applicants must carefully fill out Form I-765, providing accurate information regarding their immigration status, personal details, and eligibility category. Mistakes can result in processing delays.
Step 4: Pay the Application Fee (If Applicable)
As of 2024, the filing fee for Form I-765 varies depending on the eligibility category. Some applicants, such as asylum seekers, may be exempt from paying the fee. Fees should be paid via check, money order, or online if filing electronically.
Step 5: Submit the Application
Applicants may submit Form I-765 either online (if eligible) or by mail to the appropriate USCIS service center. It is important to keep a copy of the application and supporting documents for personal records.
What to Do If Your EAD is Delayed or Denied
If your work permit application is significantly delayed, you may:
• Contact USCIS for a case inquiry
• Request expedited processing (if you meet USCIS criteria, such as financial hardship)
• Consult an immigration attorney for assistance
If denied, USCIS will provide a denial notice explaining the reason. Depending on the situation, an applicant may be able to file a new application with corrected information.
Renewing or Replacing an EAD
EADs are issued for different durations depending on eligibility. To avoid gaps in employment authorization:
• Renewals: File Form I-765 at least 180 days before expiration.
• Replacements: Lost, stolen, or damaged EADs require a new application with a replacement request.
Form I-765 is essential for many immigrants seeking employment authorization in the U.S. Understanding eligibility requirements, application steps, and potential challenges can make the process more manageable. If you need assistance with your work permit application, contact Elizee Law Firm today for expert legal guidance.
About the Author
Patricia Elizée is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.
