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What is the USCIS Form I-765 Filing Fee?

With all of the different eligibility categories, it can be hard to figure out what you should pay for the Form I-765 filing fee.

Here’s the breakdown.

What’s the regular filing fee for Form I-765?

Normally, the filing fee for Form I-765 is $410.

Keep reading to see if you fall into a category where this isn’t the case.

Do I have to pay a Biometric Services fee?

If you’re filing under one of the following eligibility categories, you have to submit an $85 Biometric Services fee:

  • (c)(33) Consideration of Deferred Action for Childhood Arrivals (DACA)
  • (c)(35) Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances
  • (c)(36) Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-based Immigrant Petition

The Biometric Services fee is payed in addition to the regular $410 fee. That means that if you fall into one of the above categories, your fee comes to a total of $495.

Who doesn’t have to pay the filing fee?

What follows is a list of the people who don’t have to pay the filing fee, taken directly from the USCIS Form I-765 instructions.

Read over this list carefully to see if you qualify.

If this is the first time you’re filing Form I-765 to apply for an EAD, the following categories are exempt from the filing fee:

  • (a)(3) Refugee
  • (a)(4) Paroled as Refugee
  • (a)(5) Asylee
  • (a)(7) N-8 or N-9 nonimmigrant
  • (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
  • (a)(10) Granted Withholding of Deportation
  • (a)(16) Victim of Severe Form of Trafficking (T-1)
  • (a)(19) U-1 Nonimmigrant
  • (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel
  • (c)(8) Applicant for Asylum (an applicant filing under the special ABC procedures must pay the fee)
  • (c)(31) VAWA Self-Petitioner.

If you’re filing Form I-765 to renew your EAD, the following categories are exempt from the filing fee:

  • (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
  • (a)(10) Granted Withholding of Deportation
  • (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel
  • (c)(9) or (c)(16) Adjustment applicant who applied after July 30, 2007
    • For more information about this category, see the section below, “What if I’m submitting (or have already submitted) Form I-485?”

If your EAD is lost, stolen, or damaged and you’re filing Form I-765 to replace it, the following categories are exempt from the filing fee:

  • (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel

Am I eligible for a Fee Waiver?

If you can’t pay the filing fee for Form I-765, you may be eligible to have your fee waived. In this case, you should fill out Form I-912 (Request for Fee Waiver) and submit it along with your Form I-765. Make sure to include all of the necessary evidence to prove that you can’t pay the filing fee.

If you don’t want to submit Form I-912, you have the option of submitting a letter instead. This letter should clearly explain your situation and why you can’t pay the filing fee for Form I-765. It also needs to be signed by everyone requesting the fee waiver, and should include any relevant evidence that proves that you can’t pay the filing fee. Submit this letter along with your Form I-765.

What if I’m submitting (or have already submitted) Form I-485?

If you’re planning on submitting Form I-485 (Application to Register Permanent Residence or Adjust Status) and its associated filing fee, you don’t have to pay an additional filing fee for Form I-765. You can submit both forms at the same time with just the filing fee for Form I-485.

If you’ve already submitted your Form I-485, you can still submit Form I-765 without having to pay the filing fee. In order to qualify, you need to have submitted your Form I-485 on or after July 30, 2007, along with its filing fee. After submitting Form I-485, you should have received a Form I-797C, Notice of Action. This Notice of Action is basically a receipt that tells you that USCIS has received your Form I-485 and is processing it. If you include a copy of this Notice of Action with your Form I-765 when you submit it, you won’t have to pay the filing fee.

If you’ve filed Form I-485 and your original EAD has been lost, stolen, or damaged, you’ll need to submit another Form I-765 to get it replaced. In this case, you do have to pay the regular $410 fee, but you won’t have to pay the $85 Biometric Services fee.

How do I make the payment?

You can pay the filing fee with either a check, money order, or credit card.

If you pay with a check or money order, it must be drawn on a bank in the U.S. and be payable in U.S. dollars. Make it payable to the U.S. Department of Homeland Security, exactly as it’s written here. Don’t use an abbreviation like USDHS.

As always, if you have questions about the Form I-797 or any other immigration form, please feel free to reach out to our support team and we’ll help you.

Updated on February 12, 2020

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Comments

  1. What about L2 – category (a)(18)?
    Are they exempt from paying the filing fee?

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