Last Updated: July 9, 2020.
Form I-765 is the application for employment authorization.
Employment authorization is when USCIS gives temporary authorization for employment to non-citizens. Immigrants can use Form I-765 to request an employment authorization document (EAD). This document grants the non-citizen temporary employment authorization in the United States.
You must apply for an EAD with Form I-765 if you:
You do NOT need to apply for an EAD if you are a lawful permanent resident, conditional resident, or nonimmigrant. Your Green Card provides sufficient proof of your employment authorization. You also do NOT need to apply for an EAD if you possess a nonimmigrant visa that authorizes you to work for a specific employer (for example, an H-1B, L-1B, O, or P visa).
Can I work while my Green Card application is processing?
Processing Timeline: USCIS previously issued work authorization within 90 days, but their current processing time averages 4-7 months. While it can be frustrating to wait that long to receive work authorization, these processing times are shorter than the current green card wait times and are meant to make the wait time for the green card a little easier.
You will need the following documents in order to submit I-765:
If you are mailing your application to USCIS, you must also submit the following documentation, according to USCIS:
If you're filing the form directly, the address depends on the eligibility category you entered in Question 16 of Form I-765. If you are filing I-765 with another form, file both documents at the location required by the other form. Use the addresses found on the USCIS website only when you are not submitting I-765 with another form.
There are multiple different fee categories for Form I-765 depending on the circumstances of the filing. In general, the filing fee of Form I-765 ranges from $0-$520.
If an applicant submits the Form I-765 with a family-based green card application (Form I-485), then typically it would cost $520 for paper filing and $470 for online filing. Subsequent Form I-765 renewals associated with the pending Form i-485 have a fee of $260, whether filed by paper or online method.
You may qualify for a fee waiver if you provide documentation for any of the following eligibility criteria:
You may file for a fee waiver by filling out Form 912 (Request for a Fee Waiver).
Instead of filing Form-912, you may also file for a fee waiver by writing a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting evidence.
For further information on proof of documentation and eligibility, check the USCIS Fee Waiver information sheet.
If your EAD has expired or will be expiring soon, you can submit a new Form I-765 and filing fee (unless a fee waiver has been requested and granted) to file for a renewal EAD. Do not file for a renewal EAD more than 180 days before your initial EAD expires.
You may follow the renewal process listed above to request a replacement EAD for lost, stolen, or destroyed documents. If your EAD contains incorrect information that is not due to a USCIS error, you must submit a new I-765 form, a filing fee, the required documentation, and the card containing the error.
If your EAD contains incorrect information that is due to a USCIS error, you do NOT need to submit a new I-765 form or a filing fee. USCIS will process your replacement request at no cost. In this case, you must send the original card containing the error, a detailed written explanation of the card error, and supporting documentation on the correct information. Submit this information to the service center or National Benefit Center that approved your latest Form I-765.
Any document containing foreign language must be accompanied by a full English language translation which the translator has certified as complete and accurate. You must also include the translator’s certification that he or she is adequately able to translate from the foreign language into English.
Yes. To do so, fill out Form G-1145 (E-Notification of Application/Petition Acceptance) and attach it to the first page of your I-765 application.
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