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The Form I-765, known as the Application For Employment Authorization, plays a crucial role in the U.S. immigration system, serving as the linchpin for non-citizens seeking the legal right to work in the United States. Administered by the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), this form caters to various categories of immigrants, ranging from students and asylum seekers to beneficiaries of certain visas and their dependents. Applicants must provide comprehensive personal information, including their full legal name, contact details, immigration status, and eligibility category, laying the groundwork for USCIS to assess their application. Key to this process is the precise indication of the reason for applying, whether it be for the initial granting of work authorization, a renewal, or a replacement of an existing document due to loss, damage, or USCIS error—a scenario that notably does not necessitate a new filing fee. The form also intertwines with other facets of immigration management, such as the requirement for an Alien Registration Number and the potential for issuing a Social Security Number in conjunction with the Social Security Administration, highlighting the interconnectivity within the federal immigration infrastructure. Ultimately, the meticulous completion and submission of the I-765 form are pivotal steps for non-citizens navigating the path to employment in the U.S., symbolizing a gateway to both economic self-sufficiency and a deeper integration into the societal fabric of the country.

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Family Name (Last Name)
Given Name (First Name)
Middle Name
Family Name (Last Name)
Given Name (First Name)
Middle Name
Family Name (Last Name)
Given Name (First Name)
Middle Name
Renewal of my permission to accept employment. (Attach a copy of your previous employment authorization document.)
NOTE: Replacement (correction) of an employment authorization document due to USCIS error does not require a new Form I-765 and filing fee. Refer to Replacement for Card Error in the What is the Filing Fee section of the Form I-765 Instructions for further details.
Initial permission to accept employment.
Replacement of lost, stolen, or damaged employment authorization document, or correction of my employment authorization document NOT DUE to U.S. Citizenship and Immigration Services (USCIS) error.

 

 

Application For Employment Authorization

 

 

 

 

 

USCIS

 

 

 

 

 

 

Department of Homeland Security

 

 

 

 

 

 

 

 

Form I-765

 

 

 

 

 

 

 

 

 

 

 

 

 

OMB No. 1615-0040

 

 

 

 

 

U.S. Citizenship and Immigration Services

 

 

 

 

Expires 07/31/2022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Authorization/Extension

 

 

 

 

 

 

 

Fee Stamp

 

 

 

 

 

Action Block

 

Valid From

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For

Authorization/Extension

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Valid Through

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

USCIS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Use

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Only

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Alien Registration Number A-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be completed by an attorney or

 

 

 

Select this box if Form G-28

 

Attorney or Accredited Representative

 

Board of Immigration Appeals (BIA)-

 

 

 

is attached.

 

USCIS Online Account Number (if any)

 

 

accredited representative (if any).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

►START HERE - Type or print in black ink. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None” unless otherwise directed.

Part 1. Reason for Applying

I am applying for (select only one box):

1.a. 1.b.

1.c.

Part 2. Information About You

Your Full Legal Name

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

Other Names Used

Provide all other names you have ever used, including aliases, maiden name, and nicknames. If you need extra space to complete this section, use the space provided in Part 6. Additional Information.

2.a.

2.b.

2.c.

3.a.

3.b.

3.c.

4.a.

4.b.

4.c.

Form I-765 Edition 08/25/20

Page 1 of 7

Part 2. Information About You (continued)

Your U.S. Mailing Address

(USPS ZIP Code Lookup)

5.a. In Care Of Name (if any)

5.b.

Street Number

 

 

 

 

 

 

 

 

and Name

 

 

 

 

 

 

5.c.

Apt.

Ste.

Flr.

 

 

 

 

5.d.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.e.

State

 

 

 

5.f.

ZIP Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.Is your current mailing address the same as your physical

 

address?

 

 

 

 

 

Yes

No

 

NOTE: If you answered “No” to Item Number 6.,

 

 

provide your physical address below.

 

 

 

 

 

 

 

 

 

U.S. Physical Address

 

 

 

 

7.a.

Street Number

 

 

 

 

 

 

 

 

 

 

and Name

 

 

 

 

 

 

 

7.b.

Apt.

Ste.

Flr.

 

 

 

 

 

 

7.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.d.

 

 

 

 

7.e.

 

 

 

State

 

 

 

ZIP Code

 

 

 

 

 

 

 

 

 

 

 

 

Other Information

8.Alien Registration Number (A-Number) (if any)

► A-

9.USCIS Online Account Number (if any)

►

10. Gender

Male

Female

11.Marital Status

Single

Married

Divorced

Widowed

12.Have you previously filed Form I-765?

Yes No

13.a. Has the Social Security Administration (SSA) ever officially issued a Social Security card to you?

Yes No

NOTE: If you answered “No” to Item Number 13.a., skip to Item Number 14. If you answered “Yes” to Item Number 13.a., provide the information requested in Item

Number 13.b.

13.b. Provide your Social Security number (SSN) (if known).

►

14.Do you want the SSA to issue you a Social Security card? (You must also answer “Yes” to Item Number 15., Consent for Disclosure, to receive a card.)

Yes No

NOTE: If you answered “No” to Item Number 14., skip to Part 2., Item Number 18.a. If you answered “Yes” to Item Number 14., you must also answer “Yes” to Item

Number 15.

15.Consent for Disclosure: I authorize disclosure of information from this application to the SSA as required for the purpose of assigning me an SSN and issuing me a

Social Security card.

Yes

No

NOTE: If you answered “Yes” to Item Numbers

14.- 15., provide the information requested in Item Numbers 16.a. - 17.b.

Father's Name

Provide your father's birth name.

16.a. Family Name (Last Name)

16.b. Given Name (First Name)

Mother's Name

Provide your mother's birth name.

17.a. Family Name (Last Name)

17.b. Given Name (First Name)

Your Country or Countries of Citizenship or Nationality

List all countries where you are currently a citizen or national. If you need extra space to complete this item, use the space provided in Part 6. Additional Information.

18.a. Country

18.b. Country

Form I-765 Edition 08/25/20

Page 2 of 7

Part 2. Information About You (continued)

Place of Birth

List the city/town/village, state/province, and country where you were born.

19.a. City/Town/Village of Birth

19.b. State/Province of Birth

19.c. Country of Birth

20. Date of Birth (mm/dd/yyyy)

Information About Your Last Arrival in the United States

21.a. Form I-94 Arrival-Departure Record Number (if any)

►

21.b. Passport Number of Your Most Recently Issued Passport

21.c. Travel Document Number (if any)

21.d. Country That Issued Your Passport or Travel Document

21.e. Expiration Date for Passport or Travel Document (mm/dd/yyyy)

22.Date of Your Last Arrival Into the United States, On or

About (mm/dd/yyyy)

23.Place of Your Last Arrival Into the United States

24.Immigration Status at Your Last Arrival (for example, B-2 visitor, F-1 student, or no status)

25.Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status or category)

26.Student and Exchange Visitor Information System (SEVIS) Number (if any)

►N-

Information About Your Eligibility Category

27.Eligibility Category. Refer to the Who May File Form I-765 section of the Form I-765 Instructions to determine the appropriate eligibility category for this application.

Enter the appropriate letter and number for your eligibility category below (for example, (a)(8), (c)(17)(iii)).

(

 

) (

 

) (

 

)

28.(c)(3)(C) STEM OPT Eligibility Category. If you entered the eligibility category (c)(3)(C) in Item Number 27., provide the information requested in Item Numbers 28.a. - 28.c.

28.a. Degree

28.b. Employer's Name as Listed in E-Verify

28.c. Employer's E-Verify Company Identification Number or a Valid E-Verify Client Company Identification Number

29.(c)(26) Eligibility Category. If you entered the eligibility category (c)(26) in Item Number 27., provide the receipt number of your H-1B spouse's most recent Form I-797 Notice for Form I-129, Petition for a Nonimmigrant Worker.

►

30.(c)(8) Eligibility Category If you entered the eligibility category (c)(8) in Item Number 27., provide the information requested in Item Numbers 30.a. - 30.g.

30.a. Have you EVER been arrested for, and/or charged with, and/or convicted of any crime in any country?

Yes No

NOTE: If you answered “Yes” to Item Number 30.a., refer to Special Filing Instructions for Those With Pending Asylum Applications (c)(8) of the Form I-765 Instructions for information about providing court dispositions.

30.b. Did you enter the United States lawfully through a U.S. port of entry and were you inspected and admitted or paroled after inspection by an immigration officer? (If you answer “Yes,” you MUST provide evidence of your lawful entry.)

Yes

No

30.c. If you answered “No” to Item Number 30.b., did you present yourself to the Secretary of Homeland Security or his or her delegate (DHS) within 48 hours of entry or attempted entry AND express an intention to seek asylum within the United States or express a fear of persecution

or torture in your home country?

Yes

No

 

Form I-765 Edition 08/25/20

Page 3 of 7

Part 2. Information About You (continued)

If you answered “Yes” to Item Number 30.c., provide the following information:

30.d. Date you presented yourself to DHS

30.e. Location where you presented yourself to DHS

30.f. Country of claimed persecution

30.g. Provide an explanation for why you did not enter the United States lawfully through a U.S. port of entry. If you need extra space to complete this item, use the space provided in Part 6. Additional Information.

NOTE: Refer to the Special Filing Instructions for Those With Pending Asylum Applications (c)(8) section of the Form

I-765 Instructions for more information.

31.a. (c)(35) and (c)(36) Eligibility Category. If you entered the eligibility category (c)(35) in Item Number 27., please provide the receipt number of your Form I-797 Notice for Form I-140, Immigrant Petition for Alien Worker. If you entered the eligibility category (c)(36) in Item Number

27., please provide the receipt number of your spouse's or parent's Form I-797 Notice for Form I-140.

►

31.b. If you entered the eligibility category (c)(35) or (c)(36) in Item Number 27., have you EVER been arrested for

and/or convicted of any crime?

Yes

No

NOTE: If you answered “Yes” to Item Number 31.b., refer to Employment-Based Nonimmigrant Categories, Items 8. - 9., in the Who May File Form I-765 section of the Form I-765 Instructions for information about providing court dispositions.

Part 3. Applicant's Statement, Contact

Information, Declaration, Certification, and

Signature

NOTE: Read the Penalties section of the Form I-765 Instructions before completing this section. You must file Form I-765 while in the United States.

Applicant's Statement

NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.

1.a. I can read and understand English, and I have read and understand every question and instruction on this application and my answer to every question.

1.b. The interpreter named in Part 4. read to me every question and instruction on this application and my answer to every question in

,

a language in which I am fluent, and I understood everything.

2. At my request, the preparer named in Part 5.,

,

prepared this application for me based only upon information I provided or authorized.

Applicant's Contact Information

3.Applicant's Daytime Telephone Number

4.Applicant's Mobile Telephone Number (if any)

5.Applicant's Email Address (if any)

6. Select this box if you are a Salvadoran or Guatemalan national eligible for benefits under the ABC settlement agreement.

Applicant's Declaration and Certification

Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may require that I submit original documents to USCIS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS may need to determine my eligibility for the immigration benefit that I seek.

I furthermore authorize release of information contained in this application, in supporting documents, and in my USCIS records, to other entities and persons where necessary for the administration and enforcement of U.S. immigration law.

Form I-765 Edition 08/25/20

Page 4 of 7

Part 3. Applicant's Statement, Contact

Information, Declaration, Certification, and

Signature (continued)

I understand that USCIS may require me to appear for an appointment to take my biometrics (fingerprints, photograph, and/or signature) and, at that time, if I am required to provide biometrics, I will be required to sign an oath reaffirming that:

1)I reviewed and understood all of the information contained in, and submitted with, my application; and

2)All of this information was complete, true, and correct at the time of filing.

I certify, under penalty of perjury, that all of the information in my application and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my application and that all of this information is complete, true, and correct.

Applicant's Signature

7.a. Applicant's Signature

7.b. Date of Signature (mm/dd/yyyy)

NOTE TO ALL APPLICANTS: If you do not completely fill out this application or fail to submit required documents listed in the Instructions, USCIS may deny your application.

Part 4. Interpreter's Contact Information, Certification, and Signature

Interpreter's Mailing Address

3.a.

Street Number

 

 

 

 

 

 

 

 

3.b.

and Name

 

 

 

 

 

 

 

 

Ste.

 

 

 

Apt.

Flr.

 

 

3.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.d.

 

 

 

 

3.e.

 

 

State

 

 

 

ZIP Code

 

3.f.

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

3.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.h.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Interpreter's Contact Information

4.Interpreter's Daytime Telephone Number

5.Interpreter's Mobile Telephone Number (if any)

6.Interpreter's Email Address (if any)

Part 4. Interpreter's Contact Information, Certification, and Signature

Provide the following information about the interpreter.

Interpreter's Full Name

1.a. Interpreter's Family Name (Last Name)

1.b. Interpreter's Given Name (First Name)

2.Interpreter's Business or Organization Name (if any)

Interpreter's Certification

I certify, under penalty of perjury, that:

 

I am fluent in English and

,

which is the same language specified in Part 3., Item Number 1.b., and I have read to this applicant in the identified language every question and instruction on this application and his or her answer to every question. The applicant informed me that he or she understands every instruction, question, and answer on the application, including the Applicant's Declaration and Certification, and has verified the accuracy of every answer.

Interpreter's Signature

7.a. Interpreter's Signature

7.b. Date of Signature (mm/dd/yyyy)

Form I-765 Edition 08/25/20

Page 5 of 7

Part 5. Contact Information, Declaration, and Signature of the Person Preparing this Application, If Other Than the Applicant

Provide the following information about the preparer.

Preparer's Full Name

1.a. Preparer's Family Name (Last Name)

1.b. Preparer's Given Name (First Name)

2.Preparer's Business or Organization Name (if any)

Preparer's Mailing Address

3.a.

Street Number

 

 

 

 

 

 

 

 

3.b.

and Name

 

 

 

 

 

 

 

 

Ste.

 

 

 

Apt.

Flr.

 

 

3.c.

City or Town

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.d.

 

 

 

 

3.e.

 

 

State

 

 

 

ZIP Code

 

3.f.

 

 

 

 

 

 

 

 

Province

 

 

 

 

 

 

 

 

 

 

 

 

3.g.

Postal Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.h.

Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preparer's Contact Information

4.Preparer's Daytime Telephone Number

5.Preparer's Mobile Telephone Number (if any)

6.Preparer's Email Address (if any)

Preparer's Statement

7.a.

I am not an attorney or accredited representative but

 

have prepared this application on behalf of the

 

applicant and with the applicant's consent.

7.b.

I am an attorney or accredited representative and my

 

representation of the applicant in this case

 

extends

does not extend beyond the

 

preparation of this application.

NOTE: If you are an attorney or accredited representative, you need to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with this application.

Preparer's Certification

By my signature, I certify, under penalty of perjury, that I prepared this application at the request of the applicant. The applicant then reviewed this completed application and informed me that he or she understands all of the information contained in, and submitted with, his or her application, including the Applicant's Declaration and Certification, and that all of this information is complete, true, and correct. I completed this application based only on information that the applicant provided to me or authorized me to obtain or use.

Preparer's Signature

8.a. Preparer's Signature

8.b. Date of Signature (mm/dd/yyyy)

Form I-765 Edition 08/25/20

Page 6 of 7

Part 6. Additional Information

If you need extra space to provide any additional information within this application, use the space below. If you need more space than what is provided, you may make copies of this page to complete and file with this application or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.

1.a.

Family Name

 

 

1.b.

(Last Name)

 

Given Name

 

 

 

 

1.c.

(First Name)

 

 

 

Middle Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

A-Number (if any) ►A-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.a.

Page Number 3.b. Part Number 3.c. Item Number

3.d.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.a. Page Number 4.b. Part Number 4.c. Item Number

4.d.

5.a. Page Number 5.b. Part Number 5.c. Item Number

5.d.

6.a. Page Number 6.b. Part Number 6.c. Item Number

6.d.

7.a. Page Number 7.b. Part Number 7.c. Item Number

7.d.

Form I-765 Edition 08/25/20

Page 7 of 7
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Document Attributes

Fact Details
Form Number I-765
Title Application For Employment Authorization
Issuing Body U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security
OMB Number 1615-0040
Expiration Date 07/31/2022
Purpose To request permission to work in the U.S. for eligible immigrants, including renewals, replacements, and initial permission.
Fee Replacement Instruction Replacement of employment authorization document due to USCIS error does not require a new Form I-765 or filing fee.
Special Instructions Applicants with previous Form I-765 filings or particular eligibility categories may need to provide additional information or follow specific filing guidelines.

How to Fill Out I 765

Filling out the Form I-765, Application for Employment Authorization, is a critical step for individuals seeking authorization to work in the United States legally. The process requires careful attention to detail to ensure that all information is provided accurately and completely. This application can serve various purposes, such as renewing existing permission to work, obtaining initial permission, or replacing a lost, stolen, or damaged employment authorization document. In order to navigate through this process successfully, individuals should follow a structured approach to filling out the form.

  1. Start by reading through the entire form to understand the types of information that you will need to provide and to familiarize yourself with the instructions provided by USCIS.
  2. Type or print in black ink your responses. For questions that do not apply to you, enter “N/A” (not applicable), and for questions requiring a numeric answer that is zero, enter “None”.
  3. Part 1. Reason for Applying: Select the box that matches your situation, whether it is a renewal, replacement, or initial permission to accept employment.
  4. Part 2. Information About You:
    1. Fill out your full legal name, including family name (last name), given name (first name), and middle name.
    2. Provide all other names you have used, such as aliases, maiden names, and nicknames.
    3. Enter your U.S. Mailing Address accurately. If your physical address is different, be sure to provide that as well.
    4. Include your Alien Registration Number and USCIS Online Account Number if available.
    5. Indicate your gender, marital status, and whether you have previously filed Form I-765.
    6. If you have been issued a Social Security number, provide it along with your consent for disclosure if you want the SSA to issue a Social Security card.
    7. List your parents’ full names and your country or countries of citizenship or nationality.
    8. Detail your birthplace and date of birth.
    9. Provide information about your last arrival in the United States, including your immigration status at the time of arrival and your current immigration status.
    10. If applicable, enter your SEVIS Number and eligibility category as per the instructions.
  5. Parts 3 to 5: Complete the Applicant's Statement, Contact Information, Declaration, Certification, and sign the form. If someone assisted you with the application, or if you used an interpreter, ensure their information is included and that they sign the form where required.
  6. Before submitting, triple-check all entered information for accuracy and completeness. Attach any required documents, such as a copy of your previous employment authorization document if you are renewing.
  7. Follow the instructions on the USCIS website or your legal advisor to submit your completed Form I-765 and the filing fee unless exempted.

Successfully completing and submitting Form I-765 is a crucial step towards gaining authorization to work in the United States. As the application process can be intricate, it's important to approach this task with diligence and attention to the detailed instructions provided by USCIS. Doing so will help ensure the process proceeds as smoothly as possible.

More About I 765

Frequently Asked Questions About Form I-765

  1. What is Form I-765?

    Form I-765, Application for Employment Authorization, is a form used by individuals who are temporarily in the United States to request permission to work legally. It is issued by U.S. Citizenship and Immigration Services (USCIS).

  2. Who needs to file Form I-765?

    Individuals who fall into specific eligibility categories that do not automatically confer the right to work in the U.S. must file Form I-765. These categories include, but are not limited to, students seeking optional practical training (OPT), asylum seekers, and spouses of certain visa holders.

  3. Can I file Form I-765 online?

    Yes, in many cases, you can file Form I-765 online through the USCIS website. To file online, you must create a USCIS online account. This account allows you to submit forms, pay fees, and track the status of your application.

  4. What documents are required to accompany Form I-765?

    The required documents vary based on your eligibility category but generally include a copy of your current visa status, identification documents such as a passport, and any prior employment authorization documents (EADs) if applicable. Specific categories may require additional evidence.

  5. How long does it take to process Form I-765?

    Processing times for Form I-765 vary by eligibility category and USCIS case load. It can range from a few weeks to several months. USCIS provides estimated processing times on their website, which is updated regularly.

  6. Is there a filing fee for Form I-765?

    Yes, there is generally a filing fee for Form I-765. However, certain categories may be exempt from the fee. Additionally, if you are applying for a replacement of an EAD due to USCIS error, you may not be required to pay the filing fee again. Always refer to the latest instructions on the USCIS website for the most accurate fee information.

It is crucial to consult the latest USCIS instructions when filling out and submitting Form I-765 to ensure compliance and avoid delays. If you have specific circumstances or questions, consider seeking legal advice.

Common mistakes

  1. Not using black ink for handwritten submissions: The instructions specify to type or print in black ink. This is crucial as other colors might not be as clearly legible or could cause issues with document scanning and processing.

  2. Failure to answer all questions accurately: Each question must be fully and accurately answered. Leaving a question blank or providing incorrect information can lead to delays or a denial of the application. If a question does not apply, indicating “N/A” (not applicable) or “None” is often required unless otherwise directed.

  3. Omitting supplemental documentation: Depending on the reason for applying, such as a renewal or replacement of an employment authorization document, attaching the necessary previous document or evidence is necessary. Failure to include these can result in processing delays or application denial.

  4. Misunderstanding the eligibility category: Selecting the incorrect eligibility category can lead to significant issues, as this impacts the legal basis for the employment authorization. Applicants need to refer to the specific instructions to determine the appropriate category for their situation.

  5. Incorrect information regarding previous SSA card issuance: If you have previously been issued a Social Security card, it’s important to answer accurately and provide your SSN if known. Incorrect information here can cause issues with the SSA and USCIS.

  6. Not providing all names used: Applicants must include all names they have ever used, including aliases, maiden names, and nicknames. Failing to disclose these can be seen as part of providing incomplete or inaccurate information on the form.

  7. Leaving out dates and detailed information about entries into the U.S. and current status: Accurate dates of last arrival, immigration status at last arrival, and current status are crucial for determining eligibility for work authorization. Incorrect or missing information can adversely affect the application.

Improperly filling out the Form I-765 can significantly delay the employment authorization process and can lead to more severe consequences, such as denial of the application. It's always recommended to double-check answers, read instructions carefully, and consult with legal experts if there are uncertainties.

Documents used along the form

When applying for employment authorization in the United States using the Form I-765, applicants often need to submit additional forms and documents to support their application. Understanding these documents is key to streamlining the application process. Here’s a look at other forms and documents frequently used alongside Form I-765 and a brief description of each.

  • Form I-539, Application To Extend/Change Nonimmigrant Status: This form is used by nonimmigrants to request an extension of stay in or change of status to another nonimmigrant category. It's often filed together with Form I-765 for individuals looking to extend their stay while applying for work authorization.
  • Form I-130, Petition for Alien Relative: For those applying for employment authorization based on a family-based visa, Form I-130 is used to establish the relationship to a U.S. citizen or lawful permanent resident family member. It's a critical step in the process for family members seeking to work in the U.S.
  • Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used by individuals who are in the United States and eligible to apply for a green card based on certain sponsorships, including employment or family. It is often filed concurrently with or in connection to Form I-765 to obtain employment authorization while the green card application is pending.
  • Form G-1145, E-Notification of Application/Petition Acceptance: This optional form allows applicants to receive an electronic notification (text message and/or email) when USCIS accepts their form. It's a convenient way to track the submission of Form I-765 and other related documents.
  • Form I-131, Application for Travel Document: Often filed with Form I-765, this form is for individuals seeking a travel document, such as a re-entry permit, refugee travel document, or advance parole, which allows you to return to the U.S. after temporary foreign travel.
  • Form I-140, Immigrant Petition for Alien Worker: For employment-based scenarios, an I-140 form is filed by the U.S. employer to sponsor a foreign national for a green card. The I-140 can be linked to Form I-765 applications for certain categories of employment authorization that depend on a pending green card application.
  • Form I-589, Application for Asylum and for Withholding of Removal: Applicants who have filed for asylum or withholding of removal and are waiting for a decision may be eligible to apply for employment authorization. Form I-765 is filed in tandem to obtain permission to work while the asylum case is pending.

Each of these forms and documents plays a specific role in the broader context of U.S. immigration and work authorization processes. Whether it's proving a familial relationship, extending a stay, or adjusting one's status, having the right documentation in order is essential for a successful application. It’s always advisable to consult with an immigration attorney to ensure that all requirements are met and to navigate the complexities of the immigration system effectively.

Similar forms

  • Form I-130 (Petition for Alien Relative): Similar to Form I-765, Form I-130 collects comprehensive personal information from the applicant but for the purpose of establishing a relationship to immigrant visa applicants who wish to bring family members to the United States. Both forms require detailed personal, familial, and immigration status information.

  • Form N-400 (Application for Naturalization): Like Form I-765, Form N-400 is extensive and requires applicants to provide personal data, including name, marital status, and residence history. Both forms are crucial pathways for applicants seeking to work in the U.S. (I-765) or obtain U.S. citizenship (N-400) and share parallels in data collection on background and eligibility.

  • Form I-90 (Application to Replace Permanent Resident Card): This form shares the feature of replacement with Form I-765 in cases where documents are lost, stolen, or damaged. Both applications require current immigration status details and personal information to process the replacement request.

  • Form I-485 (Application to Register Permanent Residence or Adjust Status): Similar to I-765, this form is integral for those within the U.S. seeking to adjust their status to permanent resident status, requiring detailed personal and immigration information. The ability to work in the U.S (a benefit sought through I-765) becomes inherent upon approval of I-485, linking the two in purpose regarding employment authorization.

  • Form I-131 (Application for Travel Document): Although primarily focused on travel, I-131 shares a common aim with I-765 in terms of enhancing the applicant's immigration benefits—travel freedom versus work permission. Both require detailed personal and eligibility data, and in some instances, applicants may need both documents simultaneously for travel and work purposes.

  • Form I-589 (Application for Asylum and for Withholding of Removal): Similar to certain categories of I-765 applicants who seek employment authorization as a part of their asylum application, Form I-589 is the first step for asylum seekers. If granted, they may later apply for work authorization, creating a sequential relationship between the two forms concerning the applicant's legal status and work eligibility in the U.S.

Dos and Don'ts

When completing the Form I-765, Application for Employment Authorization, it's critical to approach the process with attention to detail and thoroughness. Knowing what to do and what to avoid can significantly impact the success of your application. Here is a guide to help you through the process:

Things You Should Do:

  • Ensure all information is complete and accurate. Review each section carefully before submission.
  • Use black ink if filling out the form by hand, as directed in the instructions.
  • Type or print “N/A” in fields that do not apply to your specific situation unless otherwise directed.
  • If a numeric response is required and your answer is zero, type or print “None” to clearly indicate this.
  • Attach a copy of your previous employment authorization document if you are applying for a renewal of your permission to accept employment.
  • Provide all information requested about your eligibility category, referring to the instructions to ensure you choose the correct one.
  • Sign and date the form personally, as this is required for your application to be processed.

Things You Shouldn't Do:

  • Do not leave any fields blank unless you are instructed that it is acceptable to do so. Always provide a response such as “N/A” or “None” where applicable.
  • Avoid submitting the form without the required documentation or evidence that supports your eligibility for employment authorization.
  • Do not provide false or misleading information, as this can result in severe penalties and negatively affect your ability to remain in the United States.
  • Avoid guesswork; if you are unsure about how to answer a question, seek clarification from reliable sources or consult with an immigration professional.
  • Do not forget to sign and date the form. An unsigned form will be rejected.
  • Avoid using pens with colors other than black if filling out the form by hand, as this can lead to processing issues.
  • Do not ignore the instructions for special filing instructions relevant to your specific situation, especially if applying under categories that require extra steps or documentation.

Following these guidelines can help ensure your Form I-765 is filled out correctly and improve the likelihood of a favorable outcome. Remember, the accuracy and completeness of your application are crucial to obtaining authorization to work in the United States.

Misconceptions

Many people have misconceptions about the I-765 form, which is officially known as the Application for Employment Authorization. Understanding the form's requirements and guidelines can make the application process smoother. Here are four common misconceptions explained:

  • Every applicant needs to file a new Form I-765 for renewals. This is not always the case. Specifically, if an employment authorization document (EAD) needs replacement due to an error made by U.S. Citizenship and Immigration Services (USCIS), a new Form I-765 and filing fee aren't required.
  • Filing Form I-765 guarantees employment authorization. This assumption is incorrect. Approval is subject to USCIS guidelines and the eligibility category under which the applicant is filing. Approval is not guaranteed merely by submitting the form.
  • The form is only for foreign nationals without any current employment authorization. This isn't true. The Form I-765 is used for a variety of purposes, including initial permission to accept employment, renewal of permission, and replacement of a lost, stolen, or damaged employment authorization document, among others.
  • All sections of the Form I-765 must be filled out. While most of the form should be completed, certain sections instruct applicants to type or print "N/A" if a question does not apply to them. Similarly, if a question requires a numeric response and the answer is zero, applicants should type or print "None."

Understanding these misconceptions can help applicants approach Form I-765 with clearer expectations and, potentially, a smoother application process.

Key takeaways

Filling out the Form I-765, Application for Employment Authorization, is a crucial step for certain non-citizens in the United States who wish to work legally. The following are key takeaways to ensure the process is completed accurately and effectively:

  1. Before starting, determine your eligibility category, since this forms the basis for your application to work in the U.S. and directly affects how you complete the form.
  2. Use black ink and print legibly if filling out the form by hand, or type your answers if completing it electronically, to prevent any processing delays due to unreadable information.
  3. Fill in every field accurately. If a question does not apply to you, enter "N/A" (Not Applicable) instead of leaving it blank, except where numeric responses are requested, in which case you should enter "None."
  4. Include all other names you have ever used, such as aliases, maiden names, and nicknames, to avoid potential issues due to name discrepancies in your records.
  5. Renewing your permission to work? Attach a copy of your previous Employment Authorization Document (EAD). This helps link your renewal request to your employment history in the U.S.
  6. If your EAD was lost, stolen, or damaged, you can apply for a replacement. Importantly, if the error on your document was due to a USCIS mistake, you do not need to pay the filing fee for a correction.
  7. Interested in obtaining a Social Security Number (SSN) or a replacement card through your application? Make sure to consent to the disclosure of your information to the Social Security Administration (SSA) within the form.
  8. Sign and date your application. An unsigned form or one signed by someone other than you, without legal authorization, will not be accepted and can lead to application denial.
  9. Attach all required documentation as listed in the instructions for your specific eligibility category, since failing to do so can result in delays or denial of your application.

In summary, paying close attention to detail and following the instructions for the Form I-765 carefully can significantly impact the success of your application for employment authorization in the U.S.

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