Form I-765, Explained
EVERYTHING YOU NEED TO KNOW ABOUT THE APPLICATION FOR EMPLOYMENT AUTHORIZATION
What is Form I-765?
Form I-765, officially known as the “Application for Employment Authorization,” is a form used by foreign nationals to request permission to work in the United States. If you’re waiting for your green card approval and wish to work during that time, you will need to apply for a work permit by filing Form I-765. Once approved, you will receive an Employment Authorization Document (EAD), which serves as proof to employers that you are legally allowed to work in the U.S.
Who Needs the I-765?
If you’re applying for a family-based green card from abroad (such as a CR1 visa), you don’t need to apply for a work permit separately. Your work authorization will automatically begin once you enter the United States and receive your green card. However, if you’re applying from within the U.S., or if you’re in a different visa category that doesn’t provide immediate work authorization, you’ll need to submit Form I-765.
It’s crucial not to engage in any paid work until your work permit is approved unless you have another immigration status that allows you to work (such as H-1B).
I-765 Cost
The filing fee for Form I-765 is typically $520, though this may vary depending on your specific circumstances. Some applicants may also need to pay an additional $85 biometrics fee, bringing the total cost to $605. For example, those applying under Deferred Action for Childhood Arrivals (DACA) or as the beneficiary of an approved employment-based immigrant petition facing compelling circumstances must pay this fee.
Fee Waivers
If you’re unable to afford the filing fee, you can request a fee waiver by submitting Form I-912 (Request for Fee Waiver) along with your Form I-765 and supporting documents. If approved, both the filing and biometrics fees will be waived, and you won’t need to pay anything. The Form I-765 instructions has a full list of who else is exempt from paying the fee.
I-765 Processing Times
On average, it takes about 3.6 months for U.S. Citizenship and Immigration Services (USCIS) to process Form I-765. However, due to a backlog, processing times may be longer. It’s advisable to file your application as early as possible, especially if there’s a possibility of fee increases. For more information contact us now.
I-765 Eligibility
Generally, if you’re eligible for a family-based green card, you’re also eligible to apply for a work permit using Form I-765. As long as your green card application (Form I-485) is pending, you can file for a work permit. The Form I-765 instructions provide a full list of eligibility categories.
How to Apply for Form I-765
You can submit Form I-765 alongside your green card application (Form I-485) or at any time after receiving a notice from USCIS confirming they’ve received your green card application. If filing together, include a completed Form I-765 and two passport-sized photos.
If you’ve already submitted your green card application, you can still apply for a work permit by filing Form I-765 with a copy of the USCIS receipt notice showing that your green card application is pending.
Be sure to follow USCIS's direct filing instructions for Form I-765, as the application must be sent to the appropriate service center for processing.
If you are filing the I-765 with another form, such as the I-485, file both forms at the address specified by the other form.
Required Documents
- When filing Form I-765, you'll need to include:
- A copy of your I-94 travel record (if available) or an electronic printout from U.S. Customs and Border Protection (CBP).
- A copy of your U.S. visa.
- A copy of your passport photo page.
- Copies of any previous work permits (front and back), if applicable.
- Two 2-inch-by-2-inch passport-style photos taken recently, with your full name and Alien Registration Number written on the back.
- A copy of the USCIS receipt notice for your green card application, if you’re applying for the work permit after submitting your green card application.
- If you’ve never been issued a work permit before, you’ll also need to submit one of the following forms of government-issued identification:
- Birth certificate with a photo ID.
- A visa issued by a consulate other than the U.S.
- Another national identity document with your photo and/or fingerprint.
Reasons Your Work Permit Could Be Denied
A work permit might be denied if you incorrectly fill out Form I-765, forget to sign it, or omit a required element. Another reason for denial could be that your green card is approved before your work permit application is processed. In this case, you won’t need a work permit because you’ll already have authorization to work as a green card holder.
Form I-765 FAQs
Individuals who are not U.S. citizens or permanent residents, but who wish to obtain authorization to work in the United States, need to complete the Form I765.
There are a number of reasons why someone might need to complete Form I-765. For example, an individual might need to obtain employment authorization if they are waiting for a green card through the adjustment of status process, seeking asylum in the United States, if they are DACA recipients, or if they have been granted refugee status.
Form I-765 can be completed online or by mail. If you are completing the form online, you will need to create an account with USCIS (the United States Citizenship and Immigration Services). Once you have created an account, you will be able to access the form and complete it electronically. If you are completing the form by mail, you will need to print out the form and then complete it by hand.
When completing Form I-765, you will be asked to provide personal information such as your name, date of birth, and address. You will also be asked to provide information about your immigration status and your employment history.
The filing fee for Form I-765 is $520. For green card applicants with a pending Form I-485, it costs $260 to file Form I-765.
The completed Form I-765 should be sent to the address that is listed on the form instructions. The address will vary depending on your location and your specific circumstances.
There is no set filing date for Form I-765; however, it is generally advisable to file as soon as possible after your immigration status has been granted or after you have been authorized for employment in the United States.