The Form I-765 is a request for an Employment Authorization Document or EAD, which is more commonly known as a work permit.

If you will be in the U.S. temporarily and will need a job, you will likely have to file an EAD. Your “work permit”, as you can see below, will be a standard wallet-sized card with some basic information including your picture, full name, alien registration number, terms and conditions of your permit, and the expiration date.

Be careful not to get this confused with a green card. A green card is evidence of your status as a Lawful Permanent Resident. An EAD may be obtained while your green card application is processing. This allows green card applicants to legally work before actually becoming a Lawful Permanent Resident. The EAD will also be used for temporary foreign workers who come for seasonal work or short term work assignments.

While the form is only 3 pages long, it comes with 25 pages of instructions. This form can be complicated. One of the most difficult parts of the I-765 is identifying which category of eligibility you are filing under. Consequently, the most common reason an I-765 is rejected is misidentifying eligibility. This article gives a brief outline of the I-765.

What is the purpose?

The EAD is proof of employment authorization. Immigrants who are eligible to work may file form I-765. Once approved for EAD, the applicant will obtain the identification card, which they can then use it to obtain employment. If you have previously filed this form but have lost your EAD or need to renew it, you should also file form I-765.

Who should (and shouldn’t) use this form?

The Eligibility Category section of the form will ask you to identify how you are eligible for work authorization. It asks you to select from one of the following 8 sections of eligibility:

1. Asylee/Refugee and their spouses and/or children
2. Nationality categories
3. Foreign students
4. Eligible dependents of diplomatic missions, international organizations, or NATO.
5. Employment-based nonimmigrant categories
6. Family-based nonimmigrants
7. Adjustment of status categories
8. Other categories

Within each section there are more specific sub-divisions. In order to accurately select your respective catagory, visit this USCIS page with I-765 instructions. These instructions will provide you with greater detail about each category.

If you fall into any of these three categories, you should NOT use this form:

1. Lawful permanent resident
2. Conditional resident
3. Nonimmigrant with specific employment authorization through form 8 CFR 274a.12(b).

What is the filing fee?

The standard filing fee is $520 for paper filings. However, the filing fee may vary depending on the filing method used and the personal circumstances of the applicant. See Form I-1055, Fee Schedule or USCIS Fee Calculator for more specific fee information.

Any I-765 renewal requests associated with the original I-485 application are subject to a $260 filing fee if filed on or after April 1, 2024.

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Will the fee be waived if I also file form I-485?

Previous to April 1, 2024, USCIS waived filing fees for Form I-765 applications filed concurrently with Form I-485 applications. However, a final fee rule that was implemented April 1, 2024 has since changed this. With this new rule, the fees for Form I-765 (and Form I-131) will no longer be waived when filing for adjustment (I-485). Rather, any I-765 filed concurrently with Form I-485 (on or after April 1, 2024) will be required to pay a Form I-765 filing fee of $520, unless eligible for a reduced fee.

Please note that in general, if you filed Form I-485 before April 1, 2024, and paid the required fee, you do not need to pay for Form I-765 or I-131 renewal filing fees while your Form I-485 is still pending.

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Important notes

1. You MUST use the approved edition date form or else it will not be accepted. Information about currently accepted edition dates, check here.
2. Make sure you select the correct eligibility category for your situation. If you have any questions, don’t hesitate to reach out to us at SimpleCitizen for more help!
3. Check to see if your catagory of eligiblity requires more documentation. Be sure to include it if it does!

Ways to fill out the Form I-765

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Helpful Links

The Ultimate Guide on How to Get a Green Card
What is the Form I-765 filing fee?
Immigration Discussion Board