Form I-765: Work Permit (EAD)

How to Apply for a Work Permit (EAD)

You can work in the US temporarily with a work permit, also known as an Employment Authorization Document (EAD). Applying for an EAD through Form I-765 is a big part of the US immigration process for many.

This guide covers the cost, timeline, eligibility and process.

This guide covers applying for, renewing or replacing an EAD, including errors and eligibility categories.

What is an Employment Authorization Document (EAD)?

The Employment Authorization Document (EAD), also known as Form I-766, is a physical card that allows nonimmigrant visa holders and others to work in the US.

Key Features of an EAD:

Purpose: Document to prove you are authorized to work in the US for a specific time period.

Flexibility in Employment: An EAD allows you to work for any employer in the US without being restricted to a specific trade, field or company (except if you are on OPT, in which case you have to follow the SEVIS rules such as working in your field of study and for registered employers).

Official ID-like document with photo and details.

The EAD has:

Your name and photo.
Date of birth.
Visa classification.
Dates of employment authorization.

The card is valid for a specific period of time, usually tied to your immigration status or application process.

Types of EADs:

Initial EAD: For first time applicants in a specific category.
Renewal EAD: For extending work authorization in the same category.
Replacement EAD: For lost, stolen, damaged or incorrect EAD.

2023 Redesign: The USCIS redesigned the EAD card to improve security and prevent fraud, with updated visual elements and embedded security features.

What is Form I-765?

Form I-765 is an application submitted to U.S. Citizenship & Immigration Service in order to :

Applying for Work Authorization: For foreign nationals who need official permission to work in the US.
Getting an EAD: A card that serves as proof of work authorization for individuals whose immigration status allows employment.
Applying for a Social Security Number (SSN): An option for applicants who don’t already have an SSN.

Approved Form I-765 results in an EAD card, which proves you can work for a specific period. Filing Form I-765 also makes job searching easier as it eliminates questions from employers about work authorization.

Who Files Form I-765?

You file Form I-765 if:

You have an immigration status that allows employment but requires a separate work permit (e.g. pending adjustment of status, asylum case sufficiently pending, etc.).
You don’t have automatic work authorization and need an EAD (asylum, refugee, U visa)

Who Should Not File Form I-765?

Lawful permanent residents (Green Card holders).
Conditional permanent residents.
Nonimmigrants authorized to work only with specific employers (e.g. H-1B visa holders Who Needs a Work Permit?

Pro Tip

If you’re applying for a family-based green card from outside the US (e.g. through consular processing), your work authorization starts when you enter the US and get the I-551 stamp in your passport (which is also confirmed when you receive your green card in the mail). You don’t need to apply separately for a work permit.

If you are applying for a family-based green card through adjustment of status, then the I-765 can be submitted concurrently with Form I-485.

Most Common I-765 Categories

You can file Form I-765 based on your immigration status. Below are some of the most common categories of eligibility:

Family-Based Categories
- Green Card Applicants (c)(9): File with Form I-485 or after you receive your I-485 receipt notice.
- K-1 Fiancé(e) Visa Holders: File within 90 days of entering the US (usually better to file I-765 with I-485)
- K-3 Spousal Visa Holders: Eligible to apply upon arrival in the US (usually better to file I-765 with I-485)
Humanitarian Categories
- Asylum Seekers (c)(8): File after 150 days have passed since you filed your asylum application (Form I-589).
- Refugees: Automatically authorized to work but can file for EAD for documentation purposes.
- DACA Recipients: File Forms I-821D and I-765 with supporting evidence.
Temporary Protected Status (TPS)
- Citizens of designated countries (e.g. Haiti, El Salvador, Syria) can apply for work authorization under TPS.
Students and Exchange Visitors
- F-1 Students: Eligible to work under OPT or severe economic hardship.
- STEM OPT Extension (c)(3)(C): File up to 90 days before your current OPT EAD expires.
- J-1 Visa Holders: Spouses and dependents can apply for work authorization under certain circumstances.
Employment-Based Categories
- H-4 Spouses of H-1B Visa Holders (c)(26): File with Form I-539 (H-4 visa extension) as long as H1B spouse is the beneficiary of an approved I-140 petition.
- Employment-Based Adjustment of Status. You can file I-765 with any I-485 application for adjustment of status.
Other Special Cases
- Parolees (c)(11): Noncitizens paroled into the US with valid status.
- Deferred Action Recipients: DACA, VAWA, U visa, T visa, and other deferred action categories.
- Deferred Enforced Departure (DED): Nationals of specific countries designated by the US government, such as Liberia
- Compacts of Free Association (COFA) Citizens: Nationals of Micronesia, Palau, or the Marshall Islands.

What happens if you work without authorization

Remember to get work authorization if you are not automatically authorized to work, and you need to work.

Unauthorized work can lead to:

Denial of green card or visa applications.
Bars to reentry into the US for 3 to 10 years.
Ineligibility for future immigration benefits.

How to Apply for EAD

To avoid processing delays, make sure your application is complete and accurate. Below is a checklist of what you need:

Step-by-Step Instructions for Form I-765

1. Gather Documents

Before you start, make sure you have:

Identity Documentation: A passport, ID or birth certificate with photo.
Immigration Documents:
- Passport photo page.
- Visa (if applicable).
- I-94 Arrival/Departure Record.
- Previous EAD (if renewing).
- Form I-20 (for students).
Two Passport-Style Photos: Two Passport-Style Photos: USCIS specifications (2×2 inches, white background). Recent, and unmounted. Write your full name and Alien Registration Number (A-Number) on the back. Digital enhancements are not allowed.
Proof of Eligibility: Documents specific to your category:, such as:
- Asylum seekers: I-589 receipt notice (evidence pendency exceeding 150 days)
- Green card applicants: I-485 receipt notice.
- Students: I-20 signed by your Designated School Official (DSO).
- Eligibility for TPS

2. Fill out & Sign the Form

Part 1: Reason for Applying

Select: Initial application, renewal or replacement.

Part 2: About You

Enter your full legal name, address, date of birth and immigration status.

Part 3: Eligibility Category

Enter your eligibility code from the list. Examples:
(c)(9) for adjustment of status applicants.
(c)(8) for pending asylum applicants.

Parts 4-5: Interpreter or Preparer Information (if applicable)

If someone helped you, they must fill out these sections.

Part 6: Additional Information

Use this section to add explanations or details not covered in the form.

3. Filing Fee: Pay by check, money order or Form G-1450 for credit card.

Standard Filing Fees

The standard fee for Form I-765 varies depending on whether you file online or by paper:

Paper/Mail Filing Fee: $520
Online Filing Fee: $470
If filing with I-485: $260

These fees apply unless you are eligible for a reduced fee, exemption or specific fee waiver based on your category.

Some categories, such as DACA recipients and IMMVI (Immigrant Military Members and Veterans Initiative) applicants are fee exempt. Always check USCIS guidance for your category.

As of April 1, 2024, new fees are in effect. If you submit an incorrect fee your application will be rejected.

Where to Check Fees:
G-1055 Fee Schedule
Fee Rules FAQs:
See USCIS Fee Rule FAQs.

Payment Methods

Check or money order payable to “U.S. Department of Homeland Security.”
Credit or debit card via G-1450.

Optional Forms

G-1145: For electronic notification of receipt.
I-912: If you are eligible for a fee waiver.

Special Tips:

Make sure all pages of the form are from the same edition and have visible page numbers and form dates.

Keep copies of everything you submit.

Filing Options: Online or Paper

USCIS offers two ways to file Form I-765:

Online Filing: Faster processing and updates.
Paper Filing: Download and fill out the latest version of Form I-765.

Paper Filer Tips:

Use the will get a Form I-797C, Notice of Action, when 08/28/2024 edition.
Make sure all form pages are complete, have page numbers and are the correct edition.

Where to File

The address where you file depends on your category and location. See the USCIS Direct Filing Addresses for the latest information.

Your filing location is based on your category.

See Filing Locations for Form I-765 for the address.
For replacement cards due to USCIS error, follow the special instructions on the Direct Filing Addresses page.

Replace or Correct EAD

Lost, Stolen or Damaged EAD: File Form I-765 again and pay the fee.Errors Due to USCIS: Submit a request for a replacement card for free.5. Replace Incorrect Cards

When to File

Renewals: 90-180 days before your current EAD expires.
New Applications: Timing depends on your category.
Asylum seekers: 150 days after filing Form I-589.
Students (OPT): 90 days before completing your program.

Automatic Extensions

As of April 1, 2024, certain EAD renewals get an automatic extension of up to 540 days. This applies to applicants who:

File your renewal application before your EAD expires.
Meet the automatic extension requirements for your category.

After Filing Form I-765

USCIS Processing
- Receipt Notice: You will get a Form I-797C, Notice of Action, when your application is received.
- Biometrics: Some applicants may need to go to a biometrics appointment for fingerprints and photo.
- Approval or Denial: USCIS will send you a written decision.
EAD
- Approval: EAD will be mailed to the address on your application.
- Denial: You will get a letter explaining the reason and what to do next.

Special Instructions for Certain Applicants

Asylum Seekers (c)(8)

Don’t file before 150 days.
Provide proof of pending Form I-589 and no applicant caused delays.

Parolees and Asylum Seekers

You may file Form I-765 if:

You were recently paroled into the US and your parole is still valid.

DACA Recipients

File I-821D, I-765 and I-765WS together.
Lost or damaged EADs require only Form I-765.

Students

Include I-20 with your application.
STEM OPT applicants must file within 90 days of expirationProcessing Time for I-765

USCIS processes I-765 in 3-6 months depending on:

Your category.
Workload at the service center.

To expedite: File I-765 with your green card application (I-485) if eligible.

Don’t make common mistakes: incomplete forms or missing documents.

Additional Information

Economic Necessity

Some categories require proof of financial need. Use Form I-765 Worksheet (Form I-765WS) to provide income, assets and expenses information.

Translations

If the document is not in English, include a certified translation

Check Your Application Status

Receipt: USCIS will send you a receipt notice (I-797) when they receive your application.
Use Case Status Online to see the status of your application.
Once approved, EADs are mailed via USPS Priority Mail. Delivery takes up to 30 days after approval.
Use your USPS tracking number to track delivery. If not received within 30 days, file an inquiry through USCIS Self-Service Tools.
Check back: Processing times and fees may change, so check the USCIS website for updates.

Change of Address

If your address changes after filing:

Update your address immediately with both USCIS and USPS.
Failure to update your address may result in delays or loss of your EAD card and you will have to refile and pay the fee again.

Don’t Do This

Pay the wrong fee.
Forget to sign your application.
Submit outdated or incomplete forms.
Don’t update your address with USCIS and USPS if you move.

Tip: Make sure your EAD application is error-free since USCIS closely reviews work permits to prevent unauthorized employment.

Check your documents: Make sure all forms and supporting documents are complete and accurate to avoid delays.

Once I-765 is approved:

USCIS will produce your EAD card within 2 weeks.
Cards are mailed via USPS Priority Mail.

After EAD

Get a Social Security Number (SSN):
- If you don’t have one, you can request one through Form I-765.

Fill out I-9: Employers will require this form along with your EAD to verify your work authorization.
Tax Obligations:
- All employees, regardless of immigration status, must pay US income and payroll taxes.

USCIS Alerts

Photo Guidelines: Only submit unaltered passport photos.
Temporary Protected Status (TPS): Citizens of certain countries are eligible for work authorization.
Replacement Filing Address Updates: Always check the updated filing addresses for replacements.

Get Help

Visit your local USCIS Office to help with your application.
Call the USCIS Contact Center or talk to an immigration attorney for more information.

I-765 Mistakes to Avoid

Filing an Employment Authorization Document (EAD) using I-765 is a crucial step for many noncitizens who want to work in the US. But the application process can be tricky and even small mistakes or misunderstandings can cause delays or denials. Below are the most common problems applicants face when filing I-765 and getting their EAD, along with tips to avoid them.

1. I-765 Form Errors

The most common mistake applicants make is filing an incomplete or incorrect I-765.

Problems:

Wrong Eligibility Category: Choosing the wrong category, such as (C)(9) for adjustment of status or (C)(8) for asylum applicants will cause delays or denial.
Leaving fields blank: Blank fields will be rejected or RFE. USCIS will often ask you to use “N/A” or “None” for non-applicable fields.
Personal Information Errors: Mistakes in name, date of birth or other biographical data will cause processing problems.

Solution:

Read the form instructions carefully.
Double check all entries.
Consult an immigration attorney or expert if unsure of your eligibility category.

2. Missing or Incorrect Supporting Documents

Filing insufficient or incorrect documents is another common problem.

Problems:

Failure to prove eligibility: Missing evidence, such as pending adjustment of status or asylum application will be denied.
No proof of identity: Inadequate or expired identity documents, like passports or prior EADs will delay processing.
Foreign Language Documents: Documents not in English must be translated.

Solution:

Gather all required documents, including copies of prior EADs, immigration receipts and identity proof.
Include translated documents for non-English documents.

3. Missing Filing Fee or Incorrect Payment

Mistakes in the payment will cause the application to be rejected.

Problems:

Failure to include filing fee: Some categories require a fee unless you are exempt.
Incorrect fee amount: Fees vary depending on your category and situation.
Wrong Payment Method: USCIS only accepts certain forms of payment, like checks or money orders.

Solution:

Check the current USCIS Fee Schedule.
Use the USCIS fee calculator to pay correctly.
Pay using an approved method.

4. Processing Delays

Even if you file correctly, processing times can still be a problem.

Problems:

Backlog: USCIS has delays, especially for popular categories like adjustment of status or asylum applicants.
Lost Mail: USCIS mail, including receipt notices or EAD cards can get lost or delayed in the mail.
Unexpected RFEs: RFEs will add to the processing time.

Solution:

File a complete and accurate application to minimize processing delays.
Use a reliable mailing address and track USCIS notifications online.
Respond quickly to any RFEs.

5. Address Changes

Not updating your address with USCIS will cause missed mail and delayed EAD delivery.

Problems:

Missed Notifications: If USCIS sends documents to an old address, you may not get important updates.
Delayed EAD Delivery: The EAD card will be sent to the wrong location.

Solution:

File Form AR-11 to update your address with USCIS as soon as you move.
Make sure the address on Form I-765 is your current address.

6. Biometrics Appointment Problems

Some applicants are required to have a biometrics appointment as part of their application.

Problems:

Missed Appointment: Missing a scheduled appointment will delay or deny your application.
Long wait for Biometrics: Some applicants wait months for a biometrics notice.

Solution:

Check your case status online regularly to see updates.
Attend your biometrics appointment on the scheduled date and time.

7. Denials due to Ineligibility

Filing an application without meeting the eligibility requirements is a common mistake.

Problems:

Ineligible Immigration Status: Some applicants think they qualify for an EAD when they don’t in their current status.
Expired Immigration Status: Applicants who are no longer in status may be ineligible.

Solution:

Check your eligibility before filing by reading the I-765 instructions.
Consult a lawyer if you are unsure of your status.

8. EAD Renewal Issues

Problems:

Late Filing: Delaying your renewal application will cause gaps in work authorization.
Wrong Category for Renewal: Choosing a different eligibility category for a renewal application will get rejected.

Solution:

File renewal applications at least 180 days before your current EAD expires.
Use the same eligibility category as your previous EAD unless your situation has changed.

9. Lost, Stolen or Damaged EAD Cards

After approval, applicants may encounter problems with their physical EAD cards.

Problems:

Lost Cards: Applicants who lose their EAD cards can’t prove work authorization to employers.
Damaged Cards: Cards that are damaged may not be accepted as proof.

Solution:

File a new Form I-765 with the correct category to replace a lost, stolen or damaged EAD.
Notify USCIS if your card is lost in the mail.

10. Employer Problems

Employers don’t fully understand the EAD process and it causes problems for applicants.

Problems:

Misunderstanding Automatic Extensions: Employers don’t recognize the automatic extension of EAD validity for certain categories.
Refusing Employment: Some employers think an EAD is less valid than other work authorization documents.

Solution:

Share the USCIS guidance on EAD automatic extensions with employers if applicable.
Educate employers on the legality of EADs.

Filing for an EAD can be complicated but knowing these problems and addressing them ahead of time will help. Read the I-765 instructions carefully, double check all documents and consult a lawyer if needed. Be careful at every step of the process and you won’t get delayed and won’t have problems with your EAD.

More on I-765 Filing Fees

Filing I-765 requires understanding the fees associated with it which vary based on your category, application type and situation.

1. General Filing Fees

Filing fees for I-765 varies if you file online or by paper:

Paper Filing Fee: $520
Online Filing Fee: $470

These fees apply unless you qualify for a reduced fee, exemption or fee waiver based on your category.

2. Special Fee Structures

Fees vary based on your situation. Below are some categories with reduced fees or no fees:

If You Have a Pending I-485 (Application to Adjust Status)

Filed on or after April 1, 2024:
- Filing Fee: $260 (for both paper and online).
Filed between July 30, 2007, and before April 1, 2024 and you paid the I-485 fee:
- Filing Fee: $0 (no fee required).

For Initial, Replacement or Renewal EAD Under Other Categories

Special ABC Asylum Procedures (Category c)(8)):

Paper Fee: $520
Online Fee: $470

Temporary Protected Status (TPS) Applicants (Categories a)(12) or c)(19)):

Paper Fee: $520
Online Fee: $470

Deferred Action for Childhood Arrivals (DACA, Category c)(33)):

Paper Fee: $520
Online Fee: $470

3. Fee Exemptions

Some applicants are exempt from fee based on their status or situation. Below are the common exemptions:

Fee Exemption for Military Service Members

Who Qualifies: Current or former service members filing under the Immigrant Military Members and Veterans Initiative (IMMVI).

Required Steps:

Write “IMMVI” at the top of I-765.

Include documentation such as:

DD Form 214 (Certificate of Release or Discharge from Active Duty),
NGB Form 22 (National Guard Report of Separation),
Other official military service or discharge records.

Categories with $0 Fees

For both initial and renewal EADs, no fee is required if you are in the following categories:

Humanitarian-Based Categories:
- Refugees (Category a)(3)).
- Asylees (Category a)(5)).
- Victims of trafficking (Category a)(16)).
- U visa applicants (Categories a)(19) and a)(20)).
Adjustment of Status Applicants:
- Special Immigrant Juveniles (Category c)(9)).
- T visa holders seeking status adjustment under INA Section 245(l) (Category c)(9)).
- U visa holders seeking adjustment under INA Section 245(m) (Category c)(9)).
- VAWA petitioners (Category c)(9)).
Special Parolees:
- Operation Allies Welcome Afghan nationals.
- Ukrainian nationals paroled between February 24, 2022, and September 30, 2024, or their eligible family members.
Errors in Issued Cards:
- If USCIS made an error on your EAD or it was lost due to USPS mishandling, you are eligible for a replacement EAD at no cost.

Family Reunification Task Force (FRTF)

Applies to individuals affected by family separations at the U.S.-Mexico border (January 20, 2017 – January 20, 2021).
Filing Fee: $0 through December 11, 2029.

4. Replacement EAD

If your previously issued card was lost, stolen or damaged (but not expired), the following categories are fee exempt:

Refugees, asylees, or individuals granted withholding of deportation or removal.
T and U visa holders.
VAWA self-petitioners.

5. How to Pay

You can pay the filing fee using the following methods:

Paper Filing:

Money Order: Available at post offices or financial institutions.
Check: Payable to “U.S. Department of Homeland Security”.
Cashier’s Check: For secure transactions.

Online Filing:

Credit or Debit Card: Complete and submit Form G-1450 (Authorization for Credit Card Transactions) for paper filings.

6. Filing Fee Reminders

Non-Refundable: All fees are final, regardless of the outcome of your application or if you withdraw.
Separate Payments: If you are filing multiple forms, pay each fee separately. USCIS will reject combined payments.

7. Fee Waivers

If you cannot afford the filing fee, you may request a fee waiver using Form I-912 (Request for Fee Waiver). Make sure you meet the criteria and provide required documentation, such as proof of financial hardship.

8. How to File

File Online: File through your USCIS account.
Paper Filing: Mail the completed Form I-765 and supporting documents to the correct USCIS address for your filing category.

Final Reminders

Check your fee requirements before filing to avoid delays or denials.
Use the USCIS Fee Calculator.
Check the USCIS I-765 page for updates on fees or procedures.

Separate Payments for Multiple Forms:

If you are filing multiple forms (e.g. Form I-765 and Form I-131), pay each fee separately.
Combined payments will be rejected by USCIS’s electronic system.

Payment Tips

Double-Check:
- Make sure all payment information is correct and meets USCIS requirements to avoid delays.
Track Your Payment:
- For checks, note the check number and keep a copy for your records.
- For money orders, keep the receipt or stub for tracking.
Check USCIS Updates:
- Fees and payment methods can change. Check the USCIS website for updates.

9. Don’t Do This

Wrong Payee: Always write checks or money orders to U.S. Department of Homeland Security, not “DHS” or “USCIS”.
Combined Payments: Do not combine fees for multiple forms in one payment.
Incomplete Credit Card Form: If using Form G-1450, make sure all fields are filled out correctly.

Only exempt applicants or those with approved fee waivers can skip paying the fee.

How to Request a Fee Waiver for Form I-765: Application for Employment Authorization

If you are filing Form I-765, Application for Employment Authorization and are concerned about the filing fee, this guide will help you understand how to request a fee waiver. Some applicants are fee exempt, others may qualify for a fee waiver by meeting certain criteria. Here’s what you need to know:

1. Do You Have to Pay a Fee?

Some individuals are fee exempt for Form I-765. For example, there is no fee for:

Initial employment authorization applications for noncitizens with a pending Form I-589, Application for Asylum.

Check the USCIS Fee Schedule to see if you have to pay.

2. How to Request a Fee Waiver

If you have to pay but can’t afford it, you can request a fee waiver by submitting Form I-912 (Request for Fee Waiver) with your Form I-765.

Notes:

No Online Filing: If you are requesting a fee waiver, you must file paper copies of both forms.
Get the Forms:
- Form I-912
- Form I-765
Filing Address: The filing address for Form I-765 varies by filing category (see Question 27 on the form). Check the USCIS website for the address.

3. Fee Waiver Eligibility

You must meet at least one of the following:

Receive a Means-Tested Public Benefit:

A benefit is “means-tested” if eligibility is based on income and resources.

Examples:

Medicaid
Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps)
Temporary Assistance for Needy Families (TANF)
Supplemental Security Income (SSI)

Provide:

Official letters or notices from the benefit-granting agency.
Documents should have:
- Recipient’s name
- Granting agency name
- Type of benefit
- Current benefit status (dates granted or renewed).

Note: A benefit card alone is not enough unless it has the above information.

Household Income at or Below 150% of the Federal Poverty Guidelines:

Check the Federal Poverty Guidelines on the USCIS website.

Provide household income evidence:

Tax returns
Pay stubs (at least one month’s worth) for all household members who earn income.

Financial Hardship:

Examples of financial hardship:

Unemployment
High medical expenses
Natural disasters
Eviction or homelessness

Provide detailed explanation and supporting evidence, such as:

Bank statements
Proof of unemployment (e.g., termination letters)
Utility bills or rental agreements
Medical bills
Evidence of unstable housing or homelessness
Additional Documentation:
- Signed affidavits from community representatives (e.g., religious organizations, non-profits or homeless shelters).
- Police reports or insurance claims if evidence was lost due to crime, fire or natural disasters.

4. Form I-912 Supporting Documentation

When requesting a fee waiver, you must provide detailed documentation to support your claim:

For Means-Tested Benefits:

Recent letters from the benefit agency.
Include all the above information (name, agency, benefit and current status).

For Low Income:

IRS tax transcripts
Pay stubs for household members.

For Financial Hardship:

Personal statement explaining your situation.
Any available evidence to show you cannot pay.

5. Filing Tips

Accuracy Counts: Check all forms twice before submitting.
Keep it Organized: Include copies of all supporting documents.
Follow Instructions: Read the instructions for Form I-765 and Form I-912 to avoid delays.
Keep Copies: Keep copies of all forms and documents for your records.

For more information, contact an immigration attorney or a non-profit organization.

Now that you know the steps to request a fee waiver, it’s less scary. Follow these steps carefully to increase your chances of approval.

I-765 Paper Application/Mail or Online?

I-765 Filing Options

1. PDF/Online Filing

The PDF filing option is available for certain categories. If you fall under one of these categories, you can file Form I-765 online by uploading a completed PDF of the form.

Eligible Categories for PDF Filing:

(a)(12): TPS (Temporary Protected Status)
(c)(8): Pending I-589 (Application for Asylum or Withholding of Removal) and ABC Settlement Agreement applicants.
(c)(9): Family-based and employment-based I-485 (Adjustment of Status) applicants under Section 245 of the Immigration and Nationality Act.
(c)(11): Paroled for humanitarian reasons or significant public benefit.
(c)(19): TPS applicants who are prima facie eligible for TPS and seeking an EAD as a “temporary treatment benefit”.

Important Notes for PDF Filing:

(c)(9) Fee Exemption: If you are filing under (c)(9) and qualify for a fee exemption, you must file a paper application. The online PDF filing option requires payment and no refunds will be issued if you pay a fee when you are eligible for an exemption.
Where to Mail Paper Forms: Mail fee-exempt applications to the address listed on the USCIS Direct Filing Addresses for Form I-765 page.

2. Guided Online/PDF Filing

USCIS has a guided online filing option for certain categories. This step-by-step process makes it easy to complete and submit your application.

Eligible Categories for Guided Online Filing:

(a)(12): TPS (Temporary Protected Status)
(c)(3)(A): F-1 student, pre-completion OPT.
(c)(3)(B): F-1 student, post-completion OPT.
(c)(3)(C): F-1 student, 24-month STEM OPT extension.
(c)(8): Pending I-589 (Application for Asylum or Withholding of Removal) and ABC Settlement Agreement applicants.
(c)(11): Paroled for humanitarian reasons or public benefit.
(c)(19): TPS applicants prima facie eligible for TPS, seeking temporary treatment benefits.
(c)(33): DACA. You must have a pending or approved I-821D to apply for an EAD under this category.

Step-by-Step Process

Step 1: Check Your Eligibility

Review the categories above to see if you qualify for Form I-765.
Decide if you need to use the PDF or guided online filing option.

Step 2: Gather Your Application

Documents Needed:

Completed I-765.
Supporting documents (proof of status, identity documents, eligibility evidence).
Fee or fee waiver request (if applicable).

Fee Information:

Check the current fee on the USCIS website.
If filing fee-exempt, make sure to mail a paper application to avoid delays.

Step 3: File Your Application

Online Filing:

For PDF or guided online, create a USCIS online account to upload your form and documents.
Pay any required fees online.

Mail Filing:

For paper applications, use the address listed for your category on the USCIS Direct Filing Addresses page.
Include all supporting documents and fees.

Step 4: Check Your Case Status

After filing, you will receive a receipt notice with your case number.
Use the USCIS case status tool to check updates.

More Tips

Check Your Category: Filing in the wrong category can delay or deny your application.
No Fee Errors: If fee-exempt, make sure to mail a paper application. Fees paid online are non-refundable.
Use USCIS Tools: Use USCIS’s detailed instructions, FAQs and filing tips on their website.
Stay Informed: Immigration rules and policies change. Check the USCIS website for updates to Form I-765 filing or eligibility.

Where Do I Mail It? Form I-765 Filing Addresses

This is a step-by-step guide to mailing Form I-765 based on your category. Includes updated addresses, tips to avoid delays and special scenarios. Follow this carefully to file correctly and on time.

General Filing Tips

Use the Latest Form:

Download the current Form I-765 from the USCIS website.
Check the edition date at the bottom of the form. All pages must be the same edition.

Address is Key:

Using the wrong address will delay your application. Make sure to send to the correct address for your category.

Don’t Make These Mistakes:

Check the Five Steps to File at the USCIS Lockbox for tips to avoid errors when filing paper applications.

Important Alerts

New Form:

As of 10/28/2024, USCIS only accepts the 08/28/24 edition of Form I-765. Make sure you have this version.

Replacement EADs due to Errors:

USCIS has clarified the process for correcting Employment Authorization Documents (EADs) issued in error.

When USCIS Made the Error:

Online Service Request for typographical errors or mail the incorrect card to:

USCIS
Lee’s Summit Production Facility
Attn: I-765 Replacement Cards
7 Product Way
Lee’s Summit, MO 64002

Explain the error and include supporting documents.
Processing Time: 30 days from receipt of card.

When Applicant Made the Error:

Mail a letter explaining the error, supporting documents and the incorrect card to the same address.

Categories and Filing Addresses

Asylees and Refugees

Refugees (a)(3):

Check the USCIS Lockbox Filing Locations for addresses based on residence.

Paroled as Refugee (a)(4):

Same as above.

Asylees (a)(5):

Same as above. Do not file Form I-765 with Form I-485 in the same envelope.

Asylum Applicants (c)(8):

Must wait 150 days after filing Form I-589 before filing Form I-765.

Mailing Address (USPS):

USCIS
Attn: I-765 C08
P.O. Box 650888
Dallas, TX 75265-0888

Courier Deliveries:

USCIS
Attn: I-765 C08 (Box 650888)
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067-8003

Foreign Students (F-1, M-1)

Optional Practical Training (OPT):
- Pre-completion OPT (c)(3)(A)
- Post-completion OPT (c)(3)(B)
- STEM OPT Extension (c)(3)(C)
Mailing Address (USPS):
- USCIS
- Attn: I-765 C03
- P.O. Box 805373
- Chicago, IL 60680-5374
Courier Deliveries:
- USCIS
- Attn: I-765 C03 (Box 805373)
- 131 South Dearborn, 3rd Floor
- Chicago, IL 60603-5517

Severe Economic Hardship (c)(3)(iii):

Same address as above.

F-1 Off-Campus Employment Sponsored by International Organizations (c)(3)(ii):

Same address as above.

M-1 Practical Training (c)(6):

Check the USCIS Lockbox Filing Locations for the address based on your residence.

Employment-Based Categories

H-4 Spouse of H-1B Nonimmigrant (c)(26):

If Receipt Number Starts with EAC/LIN/MCT:

USCIS
Attn: H4
P.O. Box 660921
Dallas, TX 75266-0921

Courier Deliveries:

USCIS
Attn: H4 (Box 660921)
2501 S. State Hwy. 121 Business, Suite 400
Lewisville, TX 75067-8003

If Receipt Number Starts with WAC/SRC/IOE:

USCIS
Attn: H4
P.O. Box 20400
Phoenix, AZ 85036-0400

Courier Deliveries:

USCIS
Attn: H4 (Box 20400)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806

Family-Based Categories

K-1 Fiancé(e) or K-2 Dependents (a)(6):
- Check the USCIS Lockbox Filing Locations.
V Nonimmigrants (a)(14), (a)(15):

Mailing Address (USPS):

USCIS
Attn: V & L
P.O. Box 7219
Chicago, IL 60680-7219

Courier Deliveries:

USCIS
Attn: V & L (Box 7219)
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

E-Notification Option

To receive updates when your form is accepted, complete and attach Form G-1145 to the first page of your application.

Additional Resources

See the USCIS Policy Manual for more information.
Check processing times and status on the USCIS Case Status Tracker.

By following this guide you will be able to file your Form I-765 correctly and on time.

Dependents of Diplomatic Missions, International Organizations or NATO Personnel

1. Spouse/Dependent of A-1 or A-2 Foreign Government Officials (c)(1):

Submit the completed and signed Form I-765 package, including Form I-566 (Interagency Record of Request).
File through your diplomatic mission or international organization to the Department of State office in Washington, D.C.
Additional Resource: State Department website

2. Spouse/Dependent of G-1, G-3, or G-4 Nonimmigrant (c)(4):

Same as A-1/A-2 dependents
For UN Employees in New York City: File directly with the U.S. Mission to the United Nations (USUN).

3. Dependent of NATO-1 through NATO-6 Personnel (c)(7):

If stationed at NATO/HQ SACT:

USLO to NATO/HQ SACT
7857 Blandy Rd., Suite 200
Norfolk, VA 23551-2491

If stationed elsewhere:
- File through the defense attaché’s office at the NATO member country’s embassy.
- For a list of documents and embassy contacts see the State Department’s Office of Foreign Missions page and search for “dependent work authorization.”
Questions: ofm-ead@state.gov

Employment-Based Nonimmigrants

Spouse of E-1/E-2 Treaty Trader or Investor, or E-3 Professional (a)(17):

File based on your location. See the USCIS Lockbox Filing Locations chart.

Spouse of L-1 Intracompany Transferee (a)(18):

File to the USCIS Lockbox for your state. See the chart.

Spouse of E-2 CNMI Investor (c)(12):

File to the USCIS Lockbox for your state. See chart

B-1 Nonimmigrants (c)(17)(i), (c)(17)(ii), and (c)(17)(iii):

Domestic Servants or Foreign Airline Employees:
See the USCIS Lockbox Filing Locations chart for addresses.

H-4 Spouses of H-1B Nonimmigrants (c)(26):

Filing Instructions Based on Receipt Number Prefix:

Prefixes EAC, LIN, MCT:

USPS:

USCIS
Attn: H4
P.O. Box 660921
Dallas, TX 75266-0921

Courier:

USCIS
Attn: H4 (Box 660921)
2501 S. State Hwy. 121 Business, Suite 400
Lewisville, TX 75067-8003

Prefixes WAC, SRC, IOE:

USPS:

USCIS
Attn: H4
P.O. Box 20400
Phoenix, AZ 85036-0400

Courier:

USCIS
Attn: H4 (Box 20400)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806

Principal Beneficiary or Dependents of Approved Employment-Based Petitions (c)(35) and (c)(36):

See the USCIS Lockbox Filing Locations chart.

Family-Based Nonimmigrants

K-1/K-2 Fiancé(e) or Dependent (a)(6):

File to the USCIS Lockbox for your location.
Note: Employment Authorization Documents (EADs) are valid for the 90-day admission period. After marriage, file for a new EAD when applying for permanent resident status.

K-3/K-4 Spouses and Dependents (a)(9):

See the Lockbox Filing Locations chart.

Family Unity Programs (a)(13) and (a)(14):

USPS:

USCIS
Attn: V & L
P.O. Box 7219
Chicago, IL 60680-7219

Courier:

131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

Adjustment of Status Applications

Pending Form I-485 (c)(9):

Filing location depends on the basis of adjustment (family-based, employment-based, or other categories). See the USCIS Lockbox Chart.

VAWA Self-Petitioners (c)(31):

USPS:

USCIS
P.O. Box 87426
Lincoln, NE 68501-7526

Courier:

USCIS
Attn: I-765 VAWA
850 S St.
Lincoln, NE 68508-1225

Military Members or Dependents

Parole under (c)(11):

Write “IMMVI” on top of the form.

USPS:

USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680

Courier:

USCIS
Attn: AOS (Box 805887)
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517

General Filing Tips

Check Your Forms:

Make sure all information is correct and matches supporting documents.

Follow the Instructions:

File forms and evidence to the correct Lockbox location for your eligibility.

Include a G-1145

You can receive email or text updates about your application.

By following these simple and straightforward filing instructions you will avoid delays in getting your EAD. For more information always check the USCIS website.

Deferred Action Categories

1. Special Immigrant Juveniles (SIJs) Without Available Visa Numbers (c)(14):

Do not file Form I-765 under this category until your deferred action is approved.
Filing locations depend on your state of residence:

If you live in the Western or Mountain regions (e.g., California, Texas, Washington):

USPS:

USCIS
Attn: I-765 C14
P.O. Box 20900
Phoenix, AZ 85036-0900

Courier (FedEx, UPS, DHL):

USCIS
Attn: I-765 C14 (Box 20900)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806

If you live in the Eastern, Midwestern or Southern regions (e.g., New York, Florida, Illinois):

USPS:

USCIS
Attn: I-765 C14
P.O. Box 8453
Chicago, IL 60680-8380

Courier (FedEx, UPS, DHL):

USCIS
Attn: I-765 C14 (Box 8453)
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

2. U Nonimmigrant Waitlist Placement (c)(14):

Eligible applicants on the U nonimmigrant visa waitlist can file Form I-765 concurrently or separate from Form I-918.
File with the Nebraska Service Center:

USPS:

USCIS
Attn: I-918
P.O. Box 87918
Lincoln, NE 68501-7918

Courier:

USCIS
Attn: I-918
850 S St.
Lincoln, NE 68508-1225

3. Labor Investigation Deferred Action (c)(14):

Centralized Filing Process (Effective Jan. 13, 2023):
- File Form I-765 with the deferred action request and supporting documents.

Mailing Address for All Regions:

USCIS
Attn: Deferred Action
10 Application Way
Montclair, CA 91763-1350

Parolee Category

Paroled into the U.S. under INA Section 212(d)(5) (c)(11):

Use the USCIS Lockbox Filing Locations Chart for Family-Based Forms to determine where to file.

Other Employment Authorization Categories

4. Temporary Residents (a)(2):

For temporary residents:

USPS:

USCIS
Attn: V & L
P.O. Box 7219
Chicago, IL 60680-7219

Courier:

USCIS
Attn: V & L (Box 7219)

5. T-1 Nonimmigrants (a)(16):

If filing concurrently or separate from Form I-914, file with the Nebraska Service Center:

USPS:

USCIS
P.O. Box 87426
Lincoln, NE 68501-7526

Courier:

USCIS
Attn: I-765 T
850 S St.
Lincoln, NE 68508-1225

6. U Nonimmigrant Visa Derivatives (a)(19) and a)(20):

For U visa derivatives (spouses, children or parents):
File with the Nebraska Service Center at the same address as U-1 nonimmigrants.

7. Final Order of Deportation or Removal with Supervision (c)(18):

Use the USCIS Lockbox Filing Locations Chart for Family-Based Forms to determine where to file.

8. LIFE Legalization Applicants (c)(24):

For LIFE Act adjustees.

USPS:

USCIS
Attn: V & L
P.O. Box 7219
Chicago, IL 60680-7219

Courier:

USCIS
Attn: V & L (Box 7219)
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

E-Notification of Acceptance:

To receive email or text updates about your application, complete Form G-1145 (E-Notification of Application/Petition Acceptance).
Attach to the first page of your application.

Tips for Filing:

Check Eligibility: Make sure your category matches the correct filing address and requirements.
Use Correct Address: Filing at the wrong location will delay your application.
Organize Documents: Include all required forms and supporting documents in the correct order.
Use Current Forms: Use the latest edition of Form I-765.
Save Copies: Keep copies of all submitted forms and documents.

WHEN to File Form I-765 for Employment Authorization?

1. General Information

Renewals:

File at least 90 days before EAD expires.
Do not file more than 180 days before current EAD’s expiration date.
USCIS does not backdate or postdate renewal EADs, so filing early does not extend current card’s validity.

New Applications:

Timing varies by category. See below for specific filing requirements for your category.

Avoid Delays:

Check the Form I-765 instructions for more information specific to your filing category.

Automatic Extensions:

Some categories (e.g. adjustment of status or asylum applicants) are eligible for automatic 540 day extensions while their renewal application is pending.

2. Filing Timeline by Category

(a)(20) – U-1 Visa Family Members

File Form I-765:
- With Form 918, Supplement A (Petition for Qualifying Family Member of U-1 Recipient), or
- After Form 918 is filed, if necessary.

(c)(3)(A) – F-1 Students Pre-Completion OPT

File up to 90 days before completing one full academic year, but employment cannot start until the year is completed.

(c)(3)(B) – F-1 Students Post-Completion OPT

File:
- Up to 90 days before program end date.
- No later than 60 days after program end date.
- Make sure your DSO updates your SEVIS record with the OPT recommendation, as the application must be filed within 30 days of this update.

(c)(3)(C) – F-1 Students STEM OPT Extension

File up to 90 days before current OPT EAD expires.

(c)(6) – F-1 Students Seeking Economic Hardship

File Form I-765 with:
Form I-20 endorsed by your DSO.
Form I-539 (if applicable for a change/extension of nonimmigrant status).
All forms must be received by USCIS before program end date and within 90 days of filing.

(c)(8) – Asylum Applicants

You can file Form I-765:
After 150 days of a pending Form I-589 (asylum application).
USCIS won’t issue an EAD until 180 days after filing.
Applicant caused delays (e.g. missing documents) may stop the “180-day asylum EAD clock.”

Special Rule:
If you’ve received a Recommended Approval notice for asylum, you can file Form I-765 now.

(c)(9) – Adjustment of Status Applicants

File:
- With Form I-485 (green card application), or
- Separately after filing Form I-485 with proof of status.

(c)(10) – NACARA Applicants

File Form I-765 with Form I-881 (Application for Suspension of Deportation or Special Rule Cancellation of Removal).

(c)(11) – Parolees

File with current or near expiration parole evidence.

(c)(26) – H-4 Dependent Spouses

File with:
- Form I-539 (H-4 extension), and
- Form I-129 (H-1B principal’s petition) and I-140 approval.

(c)(36) – Dependents of Employment-Based Immigrants

File with your spouse’s or parent’s employment-based application (category (c)(35).

(c)(37) – CNMI Long-Term Resident Status File with Form I-955 (Application for CNMI Long-Term Resident Status).

File with Form I-955 (Application for CNMI Long-Term Resident Status).

Checklist: Initial Evidence Required for Form I-765

This checklist provides detailed information on the documents required for Form I-765. It includes general and category-specific requirements to help you prepare. Use this as a guide, but always refer to the official USCIS Form I-765 instructions for updates and compliance with regulations.

General Instructions for All Applicants

Checklist Purpose:

Do not submit this with your application.
Check the USCIS Form I-765 instructions for updates.

Translations:

Documents not in English must include a full English translation and a certification from the translator stating:

The translation is complete.
The translator is authorized to translate.

Original Documents:

Do not send original documents unless required in the form or regulations.

General Evidence for All Applicants

Provide the following:

Form I-94 (Arrival/Departure Record):
- Copy (front and back) of your I-94 or printout of electronic I-94.
Previous EAD:
- If you have had an EAD before, provide your most recent EAD.
Passport-Style Photos:
- Two identical, recent, passport-style photos taken within the last 30 days.
- Photos must be unaltered, clear and white background.
Government Issued ID:
- If no EAD has been issued before, include a government-issued ID such as:
  - Passport bio page.
  - Birth certificate with photo ID.
  - National ID card with photo.
Form G-28 (if applicable):
- If you have an attorney or accredited representative, submit Form G-28.

Category-Specific Evidence

The evidence required varies by category. Make sure you provide all required documents for your application.

Refugees and Asylees

Refugee (a)(3):

Copy of Form I-94 (Arrival/Departure Record).
Final eligibility letter for resettlement.
Form I-797, Notice of Action, approving derivative refugee status (if applicable).

Paroled as a Refugee (a)(4):

Copy of Form I-94, passport or travel document.

Asylee (a)(5):

Form I-94 showing asylee status.
USCIS asylum grant letter or EOIR asylum approval order.
Form I-797 granting derivative asylee status.

Withholding of Deportation or Removal (a)(10):

Signed EOIR judge’s order granting withholding of deportation or removal.

Micronesia, Marshall Islands, Palau (a)(8)

Evidence of admission under the Compacts of Free Association:
- Form I-94.
- Passport or travel document.

Deferred Enforced Departure (DED) (a)(11)

Evidence of identity and nationality:
- Passport, national ID card or other documents.
- If stateless, provide evidence of habitual residence in last country.
- Statement explaining your basis for DED and supporting evidence.

Temporary Protected Status (TPS)

Initial TPS application (a)(12), (c)(19):
- Concurrently filed or approved Form I-821.
- Proof of nationality and identity (passport, national ID or similar documents).
Re-Registration for TPS (a)(12):
- Letter stating re-registration.
- Copy of prior TPS documents (e.g., EAD, Form I-94 or passport).

Students (F-1 and M-1 Categories)

Pre-Completion OPT (c)(3)(A):
- Proof of enrollment for at least one academic year in a SEVP-certified school.
- Form I-20 signed by your Designated School Official (DSO).
- SEVIS number and records of previously authorized CPT or OPT (if any).
Post-Completion OPT (c)(3)(B):
- Form I-20 signed by your DSO within 30 days of filing.
- SEVIS number and CPT/OPT history.
STEM OPT Extension (c)(3)(C):
- Proof of a STEM degree on the STEM Designated Degree Program List.
- Form I-20 signed by your DSO within 60 days of filing.
- Accreditation and SEVP certification of the institution that awarded the STEM degree.
Economic Hardship (c)(3)(iii):
- Evidence of financial hardship.
- Form I-20 showing eligibility for off-campus employment.
- Proof on-campus employment is not available or insufficient.

Family-Based Categories

K-1/K-2 Fiancé(e) Visa Holders (a)(6):

Copy of Form I-94 or K visa.

K-3/K-4 Spouses or Dependents (a)(9):

Form I-797C and proof of recent admission (e.g., I-94 or passport).

Spouses of E, L, or H-1B Visa Holders:

Marriage certificate.
Proof of both spouses’ visa status (e.g., I-94 or Form I-797).

Employment-Based Categories

Principal Beneficiary of Approved I-140 (c)(35):

Approved Form I-140.
Compelling circumstances.

Dependents of Employment-Based Beneficiary (c)(36):

Relationship proof (e.g., marriage or birth certificate).
EAD approval or pending I-765 for the principal.

Deferred Action Categories

DACA (c)(33):

Concurrently filed Form I-821D.
Form I-765 Worksheet.

Granted Deferred Action (c)(14):

Deferred action approval notice.
Financial documents.

Special Cases

T and U Visa Holders:

Valid T or U status, such as:
- Form I-797 approval notice.
- Visa stamp in the passport.

VAWA Self-Petitioners (c)(31):

Approved Form I-360.

Cancellation of Removal (c)(10):

Pending EOIR-42A or EOIR-42B.

B-1 Nonimmigrants: Personal or Domestic Servants

Personal or Domestic Servant of a Nonimmigrant Employer (c)(17)(i):

B nonimmigrant status (Form I-94, passport or travel document).
Your employer is a B, E, F, H, I, J, L, M, O, P, Q, or TN nonimmigrant.
You have:
- Worked for the employer for at least one year before they entered the U.S., or
- Evidence the employer regularly employs personal/domestic servants.

Evidence of experience:

At least one year as a personal/domestic servant, or
Documentation of previous similar employment.
Evidence of foreign residence you do not intend to abandon.

Domestic Servant of a U.S. Citizen (c)(17)(ii):

B nonimmigrant status (Form I-94, passport or travel document).
U.S. citizen.
Employer:
- Has a permanent home abroad or is temporarily assigned to the U.S. for less than four years.
- Employed the U.S. citizen abroad as a domestic servant for at least six months before admission to the U.S.

B-1 Nonimmigrant Employed by a Foreign Airline (c)(17)(iii):

B nonimmigrant status (Form I-94, passport or travel document).
Letter from the airline describing:
- Your duties,
- And confirming your position would qualify for E status but for nationality restrictions or treaty limitations.

Spouses of Visa Holders

Spouse of E-1, E-2, or E-3 Visa Holders (a)(17):

E nonimmigrant status (Form I-94, passport or travel document).
Spouse’s E status (Form I-94, passport or travel document).
Marriage certificate or secondary evidence of marriage.

Spouse of an L-1 Visa Holder (a)(18):

L nonimmigrant status.
Spouse’s L-1 status (Form I-94, passport or other documentation).
Marriage certificate or secondary evidence of marriage.

Spouse of an H-1B Visa Holder (c)(26):

Spouse is:
- A beneficiary of an approved Form I-140,
- Or H-1B status under AC21 provisions.
- Current H-4 nonimmigrant status (Form I-94).
- Marriage certificate or equivalent evidence.

Employment-Based Categories

Principal Beneficiary of an Approved Form I-140 (c)(35):

Current nonimmigrant status (E-3, H-1B, H-1B1, O-1, or L-1).
Copy of approved Form I-140.
Compelling circumstances preventing you from getting a visa now.

Dependent of an Employment-Based Beneficiary (c)(36):

Nonimmigrant status.
Evidence of relationship to principal (e.g. birth or marriage certificate).
Principal has a pending or approved Form I-765 under (c)(35).

Fiancé(e)s and Spouses of U.S. Citizens

K-1/K-2 Fiancé(e) Visa Holders (a)(6):

Admission (Form I-94, passport or K visa).

K-3/K-4 Spouses or Dependents (a)(9):

Most recent admission (Form I-94 or passport).
Form I-797C, Notice of Action.

Applicants with Pending or Approved Adjustments

V Nonimmigrants (a)(15):

V status (approval notice, Form I-94 or related documents).

Adjustment of Status under 245 (c)(9):

Copy of pending I-485 receipt notice.

Registry Applicants with Continuous Residence since 1972 (c)(16):

Filed Form I-485 or proof it’s pending.

Special Categories

Physicians with National Interest Waiver EADs:

Evidence of progress on NIW obligations.
Explanation and intent to work if there were gaps in NIW employment.

Legalization Temporary Residents under INA 245A or 210 (a)(2):

Approved Form I-687 (Temporary Resident) or Form I-700 (Special Agricultural Worker).

Cancellation of Removal (c)(10):

EOIR-42A or EOIR-42B pending with EOIR.
Application fee payment.

Additional Information

For categories involving deferred action (e.g. DACA), victims of crimes (T or U visas) or Violence Against Women Act (VAWA) make sure to include relevant evidence such as Form I-360 approvals or derivative status.
Use clear copies and do not submit originals unless requested.

For Parolees (c)(11)

Evidence:

Parole:
Copy of Form I-94, Arrival/Departure Record, passport or travel document showing you were paroled into the U.S. for:
- Humanitarian reasons.
- Public interest.

Important Notes:

If you were paroled into the U.S. due to a credible fear of persecution or torture under INA 235(b)(1)(A) you are not eligible for initial or renewed employment authorization under this category.
Alternative Option:
You may still apply for work authorization under (c)(8) if your asylum application has been pending over 365 days and you meet all other requirements.

For Individuals with Deferred Action (c)(14)

Evidence:

Deferred Action Grant:
- Copy of the order, notice or other official document showing you were granted deferred action.
Economic Necessity:
- Financial documents showing need to work.

For Deferred Action for Childhood Arrivals (DACA) (c)(33)

Evidence:

Concurrently Filed I-821D:
- File the DACA application with your I-765.
I-765 Worksheet:
- Completed I-765 Worksheet showing financial need for work authorization.

For Final Orders of Deportation or Removal, including Convention Against Torture (c)(18)

Evidence:

Court Documentation:
- Copy of the immigration judge’s Order of Removal.
- Form I-220B, Order of Supervision if issued.

For LIFE Legalization Applicants (c)(24)

Evidence:

Class Membership:
- Proof you were a member of:
  - Catholic Social Services (CSS).
  - League of United Latin American Citizens (LULAC).
  - Zambrano class applicants before October 1, 2000.
Pending Adjustment of Status:
- Your I-485 is still pending (e.g. a receipt notice).

For T Nonimmigrants

T-1 Nonimmigrants (a)(16):

Valid T-1 Status:
- Include documentation showing your T-1 status.

T-2, T-3, T-4, T-5 or T-6 Derivatives (c)(25):

Derivative T Status:
- Copy of the approval notice if obtained in the U.S.
Copy of your passport if admitted as a T nonimmigrant.

T Adjustment of Status Applicants (c)(9):

T Status:
- Evidence of your T nonimmigrant status.
Pending Adjustment:
- Form I-485 or receipt notice.

For U Nonimmigrants

U-1 Nonimmigrants (a)(19):

U-1 Status:
- Copy of your passport showing U nonimmigrant visa.

U-2, U-3, U-4 or U-5 Derivatives (a)(20):

Derivative U Status:
- Approval notice for U status if granted in the U.S., or
- Copy of your passport showing U visa.

U Adjustment of Status Applicants (c)(9):

U Status:
- Documentation showing your U nonimmigrant status.
Pending Adjustment:
- Copy of Form I-485 or receipt notice

For Violence Against Women Act (VAWA) Self-Petitioners (c)(31)

Evidence:

Approved VAWA Petition:
- Copy of the I-360 approval notice.

For A-3 or G-5 Nonimmigrants (c)(14)

Evidence:

Civil Complaint:
- Copy of the complaint filed in court.
Lawful Status:
- Copy of your passport with A-3 or G-5 nonimmigrant visa.
Case Status:
- If renewing, include documentation showing the case is still pending.

I-765 Filing Tips

Use the Right Form:

Always download the current Form I-765 from the USCIS website.

Check Your Eligibility:

Make sure you’re in the right category and all required evidence is included.

Certified Translations (if applicable):

Translate documents not in English and have them certified by a translator.

Be Organized:

Label and organize your evidence so it doesn’t get lost in the shuffle.

By following this checklist and providing all required evidence, you’ll make the I-765 process smoother. For more information, check out USCIS or an immigration attorney.

Filing I-765 Concurrently with Other USCIS Forms

Filing I-765, the Application for Employment Authorization, can be done concurrently with other forms if you are eligible and the rules for each form allow it. This process is called concurrent filing and can simplify the application process in some cases. But you need to know when you can and can’t file I-765 with another form.

Below is the step by step guide, eligibility and tips.

When Can You File I-765 Concurrently?

Concurrent: Filing I-765 with another form.
Waiting Period: In some cases (e.g. filing after asylum application) you have to wait a certain period (e.g. 150 days) before filing I-765.

Always check the instructions of the form you are filing to see if concurrent filing is allowed.

Concurrent Filing Steps

Review Instructions:

Check the filing instructions for both forms you are filing.
See if concurrent filing is allowed for your category.
Make sure your documents meet USCIS requirements (e.g. translations, certified copies).

Pay the Right Fees:

Include fees for both forms unless you are fee exempt.
See the USCIS Fee Schedule for the correct fees.

Choose the Right Filing Location:

File both forms at the address stated in the instructions of the other form.
For example if you are filing with Form I-539 (Application to Extend/Change Nonimmigrant Status) follow the instructions for Form I-539.

File Application

Put all forms, fees and supporting documents in one package.
Clearly label forms so they don’t get mixed up.

Concurrent Filing Eligibility

Not all categories allow I-765 to be filed with other forms. Below is a list of common categories, if concurrent filing is allowed and the related form.

Eligibility Categories Allowing Concurrent Filing

Category	Concurrent Filing Allowed?	Accompanying Form
Nonimmigrant Spouse (K-3/K-4 visa)	Yes	Form I-539
Temporary Protected Status (TPS)	Yes	Form I-821
Spouse of E-1/E-2/E-3 (Treaty Trader)	Yes	Form I-129 or I-539
Spouse of L-1 (Intracompany Transferee)	Yes	Form I-129 or I-539
Adjustment of Status Applicants	Yes	Form I-485
H-4 Spouse of H-1B	Yes	Form I-129 or I-539
DACA Recipients	Yes	Form I-821D with I-765W

Categories Not Concurrent Filing

Some categories like refugees, asylees and exchange visitors do not allow I-765 to be filed concurrently. These applicants have to file separately once they meet the eligibility criteria.

Filing Tips

Check Filing Fees: Fees vary by form and category. Make sure you pay the correct amount.
Stay Focused: Clearly label forms and supporting documents. Use a checklist so you don’t miss anything.
Processing Times: Concurrent filing does not mean faster processing. Check USCIS processing times.
Use Current Forms: Always download forms from the USCIS website to get the latest versions.

Special Notes for Some Categories

Pending Asylum Application: You have to wait 150 days after filing I-589 before filing I-765.
Adjustment of Status Applicants: You can request a combo card (EAD and advance parole) by filing I-485, I-765 and I-131 together. This will cost extra fees.

Form I-765 Categories

When you file Form I-765, Application for Employment Authorization you must select the correct category that matches your immigration status. This guide explains the categories in simple terms, provides additional context for each and tips for filing correctly.

What Are Form I-765 Categories?

Form I-765 categories are the immigration basis that allows you to file for an EAD. Each category corresponds to a specific immigration status or condition with its own requirements.

How to Determine Your Category

Read Official USCIS Guidance: I-765 Instructions and 8 CFR 274a.12 for details.
Match Your Status: Choose the category that matches your visa, petition or situation.

CHART: Form I-765 Categories

Form I-765 Category	Description
(a)(2)	Lawful temporary resident
(a)(3)	Refugee
(a)(4)	Paroled refugee
(a)(5)	Asylee
(a)(6)	Fiancé(e) (K-1 or K-2 nonimmigrant)
(a)(7)	N-8 or N-9
(a)(8)	Citizen of Micronesia, Marshall Islands, or Palau
(a)(9)	K-3 or K-4
(a)(10)	Withholding of deportation or removal granted
(a)(11)	Deferred Enforced Departure
(a)(12)	Temporary Protected Status granted
(a)(13)	Family Unity Program (Section 301 of the Immigration Act of 1990)
(a)(14)	LIFE Legalization (Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments)
(a)(15)	V visa nonimmigrant
(a)(16)	T-1 nonimmigrant
(a)(17)	Spouse of an E nonimmigrant
(a)(18)	Spouse of an L nonimmigrant
(a)(19)	U-1 nonimmigrant
(a)(20)	U-2, U-3, U-4, or U-5 nonimmigrant
(c)(1)	Spouse/dependent of A-1 or A-2 visa nonimmigrant
(c)(2)	Spouse/dependent of Coordination Council for North American Affairs (E‑1)/ Taipei Economic and Cultural Representative Office (TECRO)
(c)(3)(A)	F-1 student, pre-completion Optional Practical Training
(c)(3)(B)	F-1 student, post-completion Optional Practical Training
(c)(3)(C)	F-1 student, 24-month extension for STEM students
(c)(3)(ii)	F-1 student, off-campus employment sponsored by a qualifying international organization
(c)(3)(iii)	F-1 student, off-campus employment due to severe economic hardship
(c)(4)	Spouse/dependent of G-1, G-3, or G-4
(c)(5)	J-2 spouse or child of J-1 exchange visitor
(c)(6)	M-1 student, Practical Training
(c)(7)	Dependent of NATO-1 through NATO-6
(c)(8)	Asylum application pending filed on/after Jan. 4, 1995
(c)(8)	Asylum application pending filed before Jan. 4, 1995 and applicant is not in exclusion/deportation proceedings
(c)(8)	Asylum application pending filed before Jan. 4, 1995 and applicant is in exclusion/deportation proceedings
(c)(8)	Asylum application under ABC Agreement
(c)(9)	Pending adjustment of status under Section 245 of the Act
(c)(10)	Suspension of deportation applicants (filed before April 1, 1997) Cancellation of Removal applicants Cancellation applicants under NACARA
(c)(11)	Public Interest parolee
(c)(12)	Spouse of an E-2 CNMI investor
(c)(14)	Deferred action
(c)(15)	Not in use
(c)(16)	Creation of record (adjustment based on continuous residence since Jan. 1, 1972)
(c)(17)(i)	B-1 domestic servant of certain nonimmigrants
(c)(17)(ii)	B-1 domestic servant of certain U.S. citizens who are in the United States on a temporary basis.
(c)(17)(iii)	Certain B-1 nonimmigrant employees of a foreign airline
(c)(18)	Order of supervision
(c)(19)	Certain pending TPS applicants whom USCIS has determined are prima facie eligible for TPS and who may then receive an EAD as a ”temporary treatment benefit” under 8 C.F.R. 244.10(a).
(c)(20)	Section 210 legalization (pending I-700)
(c)(21)	S visa nonimmigrant
(c)(22)	Section 245A legalization (pending I-687)
(c)(23)	Irish peace process (Q-2)
(c)(24)	LIFE legalization
(c)(25)	T-2, T-3, T-4, T-5, or T-6 nonimmigrant
(c)(26)	Spouse of an H-1B nonimmigrant
(c)(31)	VAWA self-petitioners with an approved Form I-360
(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 facing compelling circumstances

Form I-765V Category

Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse, asks for your eligibility category. It is important that you write the correct eligibility category on your application.

Please see the Form I-765V instructions (PDF, 346.04 KB) for a complete list of eligibility categories. You may also find eligibility categories in section 274a.12, title 8 of the Code of Federal Regulations.

Form I-765V Category	Description
(c)(27)	Abused spouse of an A nonimmigrant
(c)(28)	Abused spouse of an E-3 nonimmigrant
(c)(29)	Abused spouse of a G nonimmigrant
(c)(30)	Abused spouse of an H nonimmigrant

Breakdown of the Categories, by Type:

(a) Employment Authorization Based on Immigration Status

These are categories of individuals whose status automatically allows work authorization:

(a)(2): Lawful Temporary Resident Work authorization as part of temporary residency.
(a)(3): Refugee Work authorization upon arrival.
(a)(4): Paroled Refugee Refugees paroled into the U.S. for humanitarian reasons.
(a)(5): Asylee Asylum granted in the U.S.
(a)(6): Fiancé(e) (K-1 or K-2 Nonimmigrant) Fiancé(e)s of U.S. citizens and their dependents.
(a)(7): N-8 or N-9 Visa Holders Certain international witnesses and their family members.
(a)(8): Citizens of Micronesia, Marshall Islands, or Palau Under the Compact of Free Association.
(a)(9): K-3/K-4 Visa Holders Spouses or children of U.S. citizens awaiting adjustment of status.
(a)(10): Withholding of Deportation or Removal Protection from deportation under specific conditions.
(a)(11): Deferred Enforced Departure (DED) Nationals of certain countries granted temporary protection.
(a)(12): Temporary Protected Status (TPS) Holders Individuals from designated countries experiencing crises.
(a)(13): Family Unity Program Spouses and children of legalized immigrants under the 1990 Immigration Act.
(a)(14): LIFE Legalization Eligible under Section 1504 of the LIFE Act Amendments.
(a)(15): V Visa Nonimmigrant Spouses and children of lawful permanent residents awaiting immigrant visas.
(a)(16): T-1 Nonimmigrant Victims of trafficking.
(a)(17): Spouses of E Nonimmigrants Spouses of treaty traders, investors or specialty occupation professionals.
(a)(18): Spouses of L Nonimmigrants Spouses of intracompany transferees.
(a)(19): U-1 Nonimmigrant Victims of crimes who assist law enforcement.
(a)(20): U-2, U-3, U-4 or U-5 Nonimmigrants Qualifying family members of U-1 visa holders.

(c) Categories: Employment Authorization Requiring USCIS Approval

For these categories, USCIS must approve before work authorization is issued.

Dependent Categories

(c)(1): Spouses or dependents of A-1/A-2 Visa Holders Diplomats and their families.
(c)(4): Spouses or dependents of G-1, G-3, G-4 Visa Holders International organization employees and dependents.
(c)(7): Dependents of NATO Visa Holders NATO personnel families.

Student Categories

(c)(3)(A): F-1 Pre-completion OPT Work authorization while enrolled.
(c)(3)(B): F-1 Post-completion OPT Work authorization after graduation.
(c)(3)(C): STEM OPT Extension 24 month extension for students in STEM fields.
(c)(3)(ii): F-1 Off-campus Employment with Sponsorship Requires sponsorship by a qualifying international organization.
(c)(3)(iii): F-1 Severe Economic Hardship Authorized for financial hardship beyond the student’s control.
(c)(6): M-1 Practical Training Vocational students completing training.

Humanitarian and Legalization Categories

(c)(8): Pending Asylum Applicants Work authorization after 150 days of a pending asylum application.
(c)(9): Adjustment of Status Applicants Individuals applying for permanent residency under Section 245.
(c)(10): Cancellation of Removal or NACARA For applicants seeking suspension of deportation.
(c)(14): Deferred Action Includes DACA recipients and other deferred action approvals.
(c)(25): T-2, T-3, T-4, T-5 or T-6 Nonimmigrants Family members of trafficking victims.

Other Employment-Related Categories

(c)(17)(i): B-1 Domestic Servants for Nonimmigrants Domestic workers of temporary visa holders.
(c)(17)(ii): B-1 Domestic Servants for U.S. Citizens Working temporarily for U.S. citizens abroad visiting the U.S.
(c)(26): Spouses of H-1B Nonimmigrants H-4 visa holders whose spouses are H-1B visa holders.
(c)(35): Principal Beneficiaries with Compelling Circumstances For approved immigrant petitions awaiting visa availability.
(c)(36): Spouses/Children of (c)(35) Applicants Eligible dependents facing compelling circumstances.

Special Form I-765V Categories: Abused Nonimmigrant Spouses

For abused spouses under certain visa categories, Form I-765V is required. These include:

(c)(27): Abused spouses of A visa holders.
(c)(28): Abused spouses of E-3 visa holders.
(c)(29): Abused spouses of G visa holders.
(c)(30): Abused spouses of H visa holders.

Form I-765 Tips

Check Your Eligibility Code: Make sure the code matches your current immigration status or situation.
Submit Required Documents: Provide all supporting documents specific to your category.
Stay Informed: Requirements can change; always review the latest USCIS guidance.
Ask for Help if Needed: Consult an immigration attorney or an accredited representative if unsure.

Related

USCIS Form I-765 Instructions
8 CFR 274a.12

Automatic Employment Authorization Document (EAD) Extension

An automatic EAD extension allows eligible applicants to work legally in the US while their renewal application is being processed. This guide has step-by-step instructions, eligibility criteria and more to help applicants and employers.

What is an Automatic EAD Extension?

An automatic EAD extension extends the validity of your Employment Authorization Document (EAD) while your Form I-765 renewal application is pending. So you don’t lose employment authorization.

Who is Eligible?

You are eligible for an automatic extension if:

Timely Filed: Your Form I-797C, Notice of Action receipt notice for the renewal application has a “Received Date” before the EAD expires.
Valid Filing Period: The receipt notice’s “Received Date” is between May 4, 2022 and September 30, 2025.
Eligibility Category: Your EAD category is automatic extension eligible (see below).
Matching Category: The category on your current EAD matches the “Eligibility Category” or “Class Requested” on Form I-797C. Some exceptions apply for certain categories like TPS-based applications.

Eligible Categories for Automatic Extensions

Categories and Duration

Category Code	Description	Extension Length
A03	Refugee	Up to 540 days
A05	Asylee	Up to 540 days
A07	N-8 or N-9	Up to 540 days
A08	Citizens of Micronesia, Marshall Islands, or Palau	Up to 540 days
A10	Withholding of Deportation/Removal Granted	Up to 540 days
A12	Temporary Protected Status (TPS) Granted	Up to 540 days (see TPS section)
A17	Spouse of E nonimmigrant	Up to 540 days or I-94 expiration
A18	Spouse of L-1 Nonimmigrant	Up to 540 days or I-94 expiration
C08	Asylum Application Pending	Up to 540 days
C09	Pending Adjustment of Status	Up to 540 days
C26	Spouse of H-1B Nonimmigrant	Up to 540 days or I-94 expiration

How to Check Your Eligibility

Check Your Documents:

Make sure your current EAD (expired or unexpired) meets the eligibility criteria.
Verify your Form I-797C receipt notice has the correct category and filing date.

Use the Automatic Extension Calculator:

Add 540 days to your EAD expiration date.
Compare to your I-94 expiration date (if applicable).
Use the earlier date as the new expiration date.

Show Proof of Extension

Give your employer:
- Your expired/unexpired EAD with an eligible category.
- Form I-797C receipt notice for the automatic extension.

Temporary Protected Status (TPS) Automatic Extensions

TPS recipients may be eligible for automatic extensions if:

You filed a Form I-765 renewal during the re-registration period in the Federal Register notice for your country.
Form I-797C has category (a)(12) or (c)(19) and a “Received Date” between May 4, 2022 and September 30, 2025.
The new expiration date will be 540 days from the “Card Expires” date on your EAD.

Federal Register Notices for TPS-Based EADs

Check the Temporary Protected Status (TPS) page for country-specific extensions.
Bring your expired EAD and Federal Register notice or individual notice to employers for Form I-9 purposes.

F-1 International Students and STEM OPT

Not 540-Day Extension Eligible: F-1 students on STEM OPT only get a 180-day automatic extension while their STEM OPT application is pending.
See STEM OPT Extension page for more.

Employer and Agency Guidance

Employers:

Use Form I-9 to verify work authorization.
See Chapter 5 of the Handbook for Employers for automatic EAD extensions guidance.
Check:
- Expired/unexpired EAD with an eligible category.
- Form I-797C receipt notice with a valid period and category.

Government Agencies:

Agencies issuing benefits or licenses should use the SAVE system to verify EAD during the automatic extension period.

Temporary Final Rules

May 2022
- Increased the automatic extension from 180 to 540 days for applications filed through October 26, 2023.

April 2024 Rule:
- Extended 540-day period for applications filed between October 27, 2023 and September 30, 2025.
- No gap in employment authorization for eligible applicants.

More

Automatic Extension Calculator: Calculate your new expiration date.
I-9 Central: Employer guidance for Form I-9 for employees with automatic EAD extensions.
Contact USCIS:
- Employers: 888-464-4218.
- Employees: 888-897-7781.

EAD Validity Extended Up to 5 Years

USCIS has updated its policy to extend the maximum validity of Employment Authorization Documents (EADs) to 5 years for certain noncitizens. This will simplify the process for applicants and reduce the need for frequent renewals and disruptions to employment.

Here’s how it works:

What’s Changed?

USCIS will now issue initial and renewal EADs for up to 5 years for certain noncitizens if their immigration status supports it. This applies to pending applications and those filed on or after September 27, 2023.

Who Qualifies?

The 5 year EAD validity applies to the following categories of noncitizens:

Refugees (A03):

Individuals admitted to the U.S. as refugees under humanitarian grounds.
Note: These individuals are also automatically authorized to work without an EAD, but the card serves as proof of authorization.

Noncitizens Paroled as Refugees (A04):

Individuals granted parole for humanitarian reasons.
Validity: EADs can be issued for up to 5 years but not longer than the period of parole.

Asylees (A05):

Noncitizens granted asylum in the U.S.
Benefit: A 5 year EAD reduces the need for frequent renewals so asylees can focus on rebuilding their lives.

Recipients of Withholding of Removal (A10):

Noncitizens protected from removal due to persecution or torture in their home country.
Benefit: Gives peace of mind to individuals in uncertain situations.

Asylum or Withholding of Removal Applicants (C08):

Noncitizens with pending asylum or withholding of removal applications.
Condition: EAD eligibility under this category requires specific waiting periods and filing requirements.

Adjustment of Status Applicants (C09):

Individuals filing Form I-485 for a green card.
Benefit: Reduces the need for frequent renewals during the long green card application process.

Suspension of Deportation or Cancellation of Removal Applicants:

Filing for relief from removal through these applications.
Validity: EADs provide work authorization during long legal processes.

What’s Changed?

Previous: EADs for these categories were usually 1-2 years.
Now: Qualified applicants can get EADs for up to 5 years, reducing processing time and renewal headaches.

Why This Matters

Less Administrative Burden: Applicants don’t have to file frequent renewal requests, saving time and money.
Employer Confidence: Employers have fewer disruptions to employment due to expiring work authorization.
More Resources: USCIS can process new applications instead of renewals.

How to Get a 5 Year EAD

If you qualify for one of the categories above, follow these steps:

File Form I-765, Application for Employment Authorization:

Include all supporting documents.
Pay the fee unless exempt.

Check Eligibility:

Make sure your category allows for 5 year validity (see above).

For Pending Applications:

USCIS will apply the new validity period to applications filed on or after September 27, 2023.

Check Your Approval Notice:

When you get your EAD, verify the validity period.

More

Employment Documentation: While many qualified individuals are automatically authorized to work, having a valid EAD helps with Form I-9 requirements.

This immigration reform is a big win for eligible noncitizens. More stability and less hassle. Fewer processing delays, more employment continuity and less administrative burden for applicants and employers.

If you think you may be eligible for a 5 year EAD or need help with the process, check the USCIS website or an immigration attorney.

H-4 Employment Authorization for Spouses: A Step-by-Step Guide

Employment authorization allows certain H-4 dependent spouses to work in the US, giving them financial freedom and career options. This guide breaks it down, covering eligibility, how to apply, required documents, filing tips and more, with new insights and practical advice.

What is H-4 Employment Authorization?

H-4 dependent spouses of H-1B visa holders can apply for employment authorization by filing Form I-765, Application for Employment Authorization. The H-4 visa is for dependents (spouse and children under 21) of H-1B visa holders and certain H-4 spouses are eligible to work if certain criteria are met.

Eligibility

You can apply for employment authorization as an H-4 spouse if your H-1B spouse meets one of the following:

Approved I-140:

Your H-1B spouse is the principal beneficiary of an approved I-140 (Immigrant Petition for Alien Worker).

AC21 Eligibility:

Your H-1B spouse is in status under sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act (AC21) and is allowed to work beyond the 6 year limit while pursuing employment based permanent residence.

Additional Tips:

AC21 provisions allow H-1B visa holders and their families to stay in the US while going through the long green card process.
H-4 employment authorization is not automatic. You need to apply and get an EAD (Employment Authorization Document) before you start working.

How to Apply for H-4 Employment Authorization

Step 1: Fill out Form I-765

Use the latest version of Form I-765 to avoid delays.
Follow the Form I-765 instructions.

Step 2: Collect All Supporting Documents:

Make sure to include all required documents to establish eligibility. Missing or incomplete evidence can lead to delays or denials.

H-4 Status:
- Copy of your current I-797 (Approval Notice for I-539) or
- Copy of I-94 showing H-4 admission or extension of stay.
Identity:
- Biometric page of your passport.
- Previous EAD (if applicable).
- Government issued photo ID, such as a visa or national ID card.
Relationship to H-1B Spouse:
- Marriage certificate showing your relationship to the H-1B visa holder.
Basis for Eligibility:
- If your H-1B spouse has an approved I-140, submit the I-140 approval notice (I-797).
- If your H-1B spouse is under AC21:
  - Submit copies of their passport, I-94 and prior and current I-797s for I-129 (H-1B petition).
  - Evidence of pending or approved labor certification or I-140.
Photos:
- Two recent, identical passport sized color photos meeting USCIS requirements.
Translations of Foreign Documents:
- Provide certified English translations of foreign language documents.

Step 3: Pay the Filing Fee

The fee for Form I-765 is $520, if filied by mail, and $470 if filed online.
Make sure to include the correct fee with your application. Errors will be rejected.

Step 4: File Your Application

Mail your application to the appropriate USCIS Lockbox or service center based on your situation:

Standalone applications are mailed to the address listed on the Direct Filing Addresses for Form I-765.
Applications filed with Form I-539 or Form I-129 are sent to the same service center as those forms.

Filing Tips:

Make sure you’re in the right category. Use (c)(26) for H-4 dependent spouses.

If filing Form I-765 with Form I-485 (green card application), use (c)(9) instead of (c)(26) and follow Form I-485 instructions.

Processing and Work Authorization

Processing Time:

3-12 months.
If approved, your EAD will be valid until your H-4 status expiration date on I-94.

Automatic EAD Extensions:

If you file before your current EAD expires, you may be eligible for an extension of up to 540 days.

Important Reminder:

You cannot start work until you get your EAD.

Common Issues and Solutions

Incomplete Applications:

Make sure all sections of Form I-765 are filled. Use “N/A” or “None” for fields that don’t apply.

Delays due to Missing Evidence:

Submit all documents upfront. Don’t submit incomplete applications.

Filing at the Wrong Address:

Check USCIS filing addresses to make sure your application is mailed to the right place.

Translation Issues:

Use professional translators to certify foreign language documents.

Employment Authorization Validity

EAD is only valid until the end of H-4 status as indicated on I-94.
To continue working after EAD expires, file a renewal application no more than 180 days before expiration.

Scams and Unauthorized Help

Be cautious of individuals or organizations that claim to guarantee EAD approval or offer unauthorized services. Always:

Go to official USCIS sources.
Don’t share personal info with unverified sources.
Visit USCIS Avoid Scams for tips.

When Can I File for EAD After Filing I-360 VAWA?

Filing Form I-360 VAWA is a crucial step for those who have been abused by a U.S. citizen or lawful permanent resident family member. One of the many benefits of filing a VAWA petition is to file for Employment Authorization Document (EAD) so you can work in the U.S. legally. But when can you file for EAD depends on your situation and immigration status.

VAWA EAD Process

Employment authorization is not automatic upon filing I-360 VAWA. You must meet certain eligibility criteria to apply and get EAD. Here’s when you can apply:

1. If You Are Filing I-360 Without Concurrent I-485 Application:

If you are filing only I-360 and not concurrently filing I-485, you cannot apply for EAD based on I-360 approval alone. You must wait until one of the following:

I-360 is approved: Once approved, you can file Form I-485 (Adjustment of Status) if you are otherwise admissible and a visa is available. At that point you can include Form I-765 (Application for Employment Authorization) with I-485 filing.
Deferred Action: If your VAWA I-360 is approved but you are not yet eligible to adjust status, USCIS may grant you deferred action for humanitarian reasons. If deferred action is granted, you can then file for EAD.

2. If You Are Filing I-360 Concurrently With I-485:

If you are eligible to file Form I-485 (Adjustment of Status) with your VAWA I-360, you can also file Form I-765 with these applications. This is called concurrent filing.

In this case, you don’t need to wait for I-360 approval to file for EAD. Once I-765 is processed, you may get a work permit while I-485 and I-360 are pending.

3. If You Are In Removal Proceedings or Have an Approved I-360:

If your VAWA I-360 is approved while you are in removal proceedings, you can file for EAD if:

USCIS has granted you deferred action.
You are eligible to file for adjustment of status.

Filing EAD Key Points

Category Code: When filing Form I-765, the category code you use depends on the basis for your eligibility:
- If you are filing for EAD while I-485 is pending, use (c)(9) (based on adjustment of status).
- If you are filing for EAD after deferred action, use (c)(14).
Processing Times: EAD processing times vary, but you may be eligible to renew if your current EAD expires while your VAWA based application is still pending.
Fee Waivers: VAWA applicants can request a fee waiver for Form I-765 by filing Form I-912 if they can show financial hardship.

Employment Authorization Based on Compelling Circumstances

Getting employment authorization through compelling circumstances is an option for some nonimmigrants facing immigration challenges. This is a temporary solution for individuals with approved employment-based immigrant visa petitions, and their dependents, to continue working in the U.S. while waiting for the visa to become available. Below is a detailed, step-by-step guide on eligibility, application process and what to consider.

What is a Compelling Circumstances EAD?

This employment authorization is under (c)(35) and (c)(36) for:

Are beneficiaries of approved employment-based immigrant petitions (Form I-140).
Are facing compelling circumstances that require temporary work authorization.

Categories:

(c)(35): For principal beneficiaries of approved Form I-140 petitions who are in E-3, H-1B, H-1B1, L-1, or O-1 status.
(c)(36): For dependent spouses and children of individuals with a compelling circumstances EAD.

Benefits and Restrictions

Authorized Stay: You are in a period of authorized stay.
Work Authorization: Valid for one year, renewable under certain conditions.
Status Considerations: While you have this EAD, you will not be maintaining your original nonimmigrant status but will not accrue unlawful presence during the EAD’s validity or while a timely application is pending.

Eligibility

To qualify for a compelling circumstances EAD under (c)(35), you:

Are in the U.S.
Have valid E-3, H-1B, H-1B1, L-1, or O-1 status (or in the grace period) at the time of application.
Have an Approved Form I-140
Show that your immigrant visa petition is approved.
No Visa Available
Show that an immigrant visa is not available based on your priority date, preference category and country of chargeability per the Department of State Visa Bulletin.
Compelling Circumstances
Provide evidence of serious hardship or other compelling situations (e.g. health crises, retaliation, employer harm).

Dependent Eligibility (c)(36))

Spouses and children of the principal beneficiary can also apply if their relationship is established and the principal’s EAD is approved.

Examples of Compelling Circumstances

USCIS may consider:

Serious Illness or Disability: Medical documentation for the applicant or dependents.
Employer Retaliation: Evidence of employer retaliation (e.g. termination for reporting unfair labor practices).
Substantial Hardship: Financial difficulties, educational disruptions or inability to meet basic needs.
Employer Disruption: Evidence of employer’s hardship if the applicant must leave.
Conditions in the Home Country: Risks related to political instability, conflict or other adverse circumstances.

How to Apply

Step 1: Gather Your Documents

Form I-765:

Download and fill out the form according to USCIS instructions. Missing information or incorrect fees will result in denial.

Pay Filing Fee:

See current USCIS fee schedule.

Submit Supporting Documents:

I-94 or Form I-797.
Passport or government ID.
Approved Form I-140 notice.

Compelling circumstances (e.g. medical records, employer letters).

Proof of no criminal history (certified arrest or court records, if applicable).

Step 2: File Your Application

Two identical passport photos.
Translations for non-English documents with certification of accuracy.

Step 3: Wait for USCIS to Decide

Processing times may vary. USCIS may issue a Request for Evidence (RFE) if documentation is missing.

Renewing EAD

You can renew your EAD every year if:

No Visa Available:
- Your priority date is more than one year behind the Final Action Date.
- Renewal applications must be filed before the EAD expires.
Compelling Circumstances Continue:
- Provide updated evidence of hardship.
Dependent Renewals:
- File with or after the principal’s renewal.

Green Card Status

When Your Priority Date is Current:

You cannot file Form I-485 (Adjustment of Status) while holding a compelling circumstances EAD.
USCIS will notify the NVC to process your visa application abroad.

Changing Status:

If a new employer files a Form I-129 petition for a work-authorized classification, you must leave the U.S. to get a visa and come back under the new status.

Validity:

Initial EADs are 1 year.
You can only work for the validity period on your EAD card.
Always file on time to avoid gaps in work authorization.

Renewal Eligibility:

Principal Beneficiaries:

File before the current EAD expires.
Show:
- An immigrant visa is not available.
- Priority date is within 1 year of being current.
- If outside the 1 year window, provide updated compelling circumstances evidence.

Dependents:

File before the current EAD expires.
Confirm the principal beneficiary’s EAD is approved.
Provide proof of continued relationship to the principal beneficiary.

Notes on Status

Status:
- An approved compelling circumstances EAD puts you in authorized stay but ends your nonimmigrant status.
- You will not accrue unlawful presence while the EAD is valid or your application is pending (if filed on time).
Change of Status:
- You cannot change or adjust status while on a compelling circumstances EAD.
- If your priority date becomes current, you must process your immigrant visa at a U.S. consulate abroad.

Important Reminders

File applications no more than 180 days before your current EAD expires.
Include all required documents and translations to avoid delays.
For more information, see the USCIS Policy Manual and uscis.gov.

Tips

Scams:

Only authorized representatives, such as licensed attorneys or accredited representatives, can help you file.
Report fraud to USCIS Avoid Scams.

A compelling circumstances EAD can be a safety net for those stuck in long visa backlogs. By gathering your documents and evidence, you can maintain work authorization and stability during uncertain times. But because of the intricacies, it’s best to consult an immigration attorney to increase your chances.

I-765V: Application for Employment Authorization for Abused Nonimmigrant Spouses

Abused spouses of certain nonimmigrants may be eligible to file Form I-765V to request an Employment Authorization Document (EAD). This document allows eligible individuals to work in the US. Below is a detailed, step-by-step guide to the form, eligibility, required documents and process.

Who can file using Form I-765V?

You may be eligible if you are or were:

An abused spouse of a nonimmigrant admitted under one of the following categories:

INA 101(a)(15)(A): Diplomats and their families.
INA 101(a)(15)(E)(iii): E-3 visa holders (specialty occupations for Australians).
INA 101(a)(15)(G): International organization workers and their families.
INA 101(a)(15)(H): Temporary workers and their families.
- You must have been with or later joined your abusive nonimmigrant spouse in the US.

Form Details

Form Edition Date

Use the latest edition, 04/01/24.
Make sure the edition date and page numbers are visible on all pages or your application will be rejected.

Where to File

File your completed Form I-765V at the correct USCIS location based on your delivery method:

U.S. Postal Service (USPS):

USCIS
P.O. Box 87426
Lincoln, NE 68501-7526

For FedEx, UPS or DHL:

USCIS
Attn: I-765V
850 S St.
Lincoln, NE 68508-1225

Filing Fee

See the USCIS Fee Schedule for the current fee amount.
Fee waivers may be available in certain circumstances; see the I-765V instructions for more information.

Required Documents Checklist

When filing Form I-765V, make sure to include all required evidence. Missing documents may cause delay or denial.

Initial Application:

Provide:

Proof of Nonimmigrant Status:
- Copy of visa or other documentation showing your current immigration category.
Identification Documents:
- Passport, visa or other document proving your identity and nationality.
Proof of Spouse’s Nonimmigrant Status:
- Documents showing their qualifying immigration status.
Evidence of Relationship:
- Marriage certificate or equivalent documentation.
Proof of Abuse:
- Police reports, protection orders, affidavits or medical records.
Passport-Style Photos:
- Two identical color photos taken within the last 30 days.

Renewal Application:

If renewing EAD, include:

Two Passport-Style Photos (same as above).
Proof of Residence:
- Evidence you are currently in the US.
Nonimmigrant Status of Spouse:
- Proof spouse’s qualifying nonimmigrant status is still valid at the time of filing.
Previous EAD Evidence:
- Copies of prior work authorization documents granted under INA 106.

Note: If you can’t provide the required documents, include a signed statement explaining why, along with any supporting evidence.

How to Fill Out Form I-765V

Filling the Form

Accuracy: Fill out all sections completely.
Sign Your Form: USCIS will reject an unsigned form.

Tips for Submission

See Tips for Filing Forms by Mail on the USCIS website.
Use a checklist to make sure you include all required documents and fee.

Employment Authorization Notes

Temporary Benefit: Employment authorization is approved for a limited time and does not grant or extend lawful status in the US.
No Effect on Immigration Status: Receiving EAD does not change your immigration category or legal residency.

More Information

Form I-765: If you are applying for general employment authorization, use this form instead.
Employment Authorization for Abused Nonimmigrant Spouses: Learn more about eligibility and benefits for abuse victims.

File Form I-765V?

Filing Form I-765V can help you get back control and independence by allowing you to still legally work in the US while you address your immigration situation. Make sure to prepare your application thoroughly and make sure all documents are complete and accurate. If you’re not sure about your eligibility or need help, consult with an immigration attorney or accredited representative.

How to File EAD (Form I-765) with U Visa as Crime Victim

The U visa allows victims of certain crimes who have suffered substantial mental or physical abuse and are willing to cooperate with law enforcement in the investigation or prosecution of those crimes to get legal status. One of the benefits of the U visa is to be able to file for Employment Authorization Document (EAD)using Form I-765 to work legally in the US.

This article will walk you through how and when to file for EAD with a U visa application so you do it correctly.

EAD for U visa applicants depends on the stage of your U visa application. Here are the scenarios where you can file for EAD:

While Your U Visa Application is Pending:

You can’t file for EAD while your Form I-918 (Petition for U Nonimmigrant Status) is pending unless you are on the U visa waitlist and USCIS has granted you deferred action or parole.

After U Visa Approval:

Once your U visa is approved, you are automatically eligible for employment authorization. You must file Form I-765 to get your EAD.

How to File EAD (Form I-765)

1. File Form I-765

If Your U Visa Is Approved: You can file Form I-765 right away to request your EAD.
If You Are on the U Visa Waitlist: If USCIS puts you on the waitlist and grants deferred action, you can file Form I-765 under (c)(14) category.

2. Documents to Prepare

To file EAD correctly, gather the following documents:

Completed Form I-765:
- Download the latest version of Form I-765 from the USCIS website.
Use the correct eligibility category code:
For U visa holders:
- (a)(19) (principal applicant) or (a)(20) (qualifying family members).
  - For those with deferred action: (c)(14).
  - Proof of U Visa Status or Deferred Action:
    - Approval notice for your U visa (Form I-797).
    - If filing under deferred action, include the USCIS letter or notice that granted deferred action.
Two Passport-Style Photos:
- Photos must be 2×2 inches, white background, no glasses.
Copy of Passport or Other Government-Issued ID:
- Include a copy of your passport, U visa approval notice or other government-issued photo ID.
Filing Fee or Fee Waiver Request:
- No fee for (a)(19) or (a)(20) applicants.
- If filing (c)(14), include the filing fee or file Form I-912 (Request for Fee Waiver) if eligible.

3. Form I-765

Fill out correctly, including your name, address and A-number (if applicable).
Make sure your eligibility category code matches your U visa status.

4. Submit the Application

Mail your completed Form I-765 and supporting documents to the correct USCIS address. Check the USCIS Direct Filing Addresses for Form I-765 to make sure you send your application to the right place.
Use a secure method with tracking to confirm USCIS receives your application.

Processing Times and What’s Next

Processing Times: EAD processing times vary but usually take 3-6 months. Check the USCIS website for current processing times.
Approval and EAD: If approved, USCIS will mail you your EAD card. This card is your proof of employment authorization.

Renew or Replace EAD

U visa holders or deferred action recipients may need to renew or replace EAD in the following situations:

Renewal: File Form I-765 again before your current EAD expires. Include proof of your ongoing U visa status or deferred action.
Replacement: If your EAD is lost, stolen or damaged, file Form I-765 with the filing fee or fee waiver request.

Fee Waiver

If you can’t afford the filing fee (for (c)(14)), you can request a fee waiver by filing Form I-912 (Request for Fee Waiver) with supporting evidence of financial hardship, such as proof of income, government assistance or unemployment.

How to File Form I-765 for EAD When Filing for T Visa as a Human Trafficking Victim

The T visa offers relief to human trafficking victims, temporary immigration status, protection and certain benefits, including the ability to work in the United States legally. One of the steps in this process is to file Form I-765 for an Employment Authorization Document (EAD) so T visa applicants and recipients can work and support themselves while they rebuild their lives.

This article will guide you through the process of filing for EAD while seeking or holding T visa status so you can get your work authorization right.

T Visa Employment Authorization

Human trafficking victims who apply for T nonimmigrant status are eligible for work authorization based on their T visa application or approval status. Here are the situations in which you can file for EAD:

If You Have a Pending T Visa Application (Form I-914):

You can’t file for EAD while your T visa application is pending. Employment authorization is only available after T visa approval.

After T Visa Is Approved:

Once your T visa is approved, you are automatically eligible for EAD. File Form I-765 to get your EAD card.

For Qualifying Family Members:

Derivative T visa approved family members (e.g. T-2, T-3, T-4, T-5) can also file for work authorization using Form I-765.

How to File Form I-765

1. Choose the Eligibility Category

When filing Form I-765, you must use the correct eligibility category code based on your T visa status:

(a)(16): This code applies to principal T visa holders (T-1) and their qualifying family members (T-2 to T-5).
Make sure your T visa is approved before filing Form I-765 under this category.

2. Collect Supporting Documents

Form I-765:
- Use the most current version of the form, available on the USCIS website.
T Visa Approval Notice:
- Attach a copy of the USCIS approval notice (Form I-797) for your T visa.
Passport-Style Photos:
- Two photos that meet USCIS requirements (2×2 inches, white background, no glasses).
Proof of Identity:
- Copy of your passport, T visa approval notice or other government-issued photo ID.
Filing Fee or Fee Waiver Request:
- There is no fee for category (a)(16). But if other fee requirements apply for specific services, you can request a fee waiver using Form I-912 (Request for Fee Waiver).

3. File Form I-765

Fill out all fields.
Enter your full name, address and A-number (if applicable).
Under Part 2, Item 27, enter (a)(16).
Sign and date.

4. Submit the Application

Mail your Form I-765 and supporting documents to the correct USCIS address. Check the Direct Filing Addresses for Form I-765 to make sure you are sending to the right place.

Processing Times and What to Expect

Processing Times: It can take 3-6 months to process an EAD application. Check the USCIS website for current processing times.
Approval and EAD Issuance: If approved, USCIS will mail your EAD card. The card will show your work authorization during your T visa validity period.

Renewal or Replacement of EAD

As a T visa holder, you may need to renew or replace your EAD in the following situations:

Renewal: File Form I-765 again before your current EAD expires. Attach evidence of your T visa status.
Replacement: If your EAD is lost, stolen or damaged, you can apply for a replacement by filing Form I-765 with supporting documents and fee.

Benefits of EAD for T Visa Holders

Work authorization gives T visa holders financial independence and stability to rebuild their lives and support themselves and their families. An EAD allows you to apply for jobs, get fair wages and access to workplace protections under U.S. labor laws.

Fee Waiver

If you are financially unable to pay, you can request a fee waiver for the costs by filing Form I-912 along with evidence of your inability to pay, such as proof of income, unemployment or participation in government assistance programs.

How to Replace an EAD That is Lost, Stolen, Destroyed or Issued in Error

If your EAD is lost, stolen or destroyed,

File a new Form I-765.
Include the required filing fee (or request a fee waiver).

If Your EAD Contains Incorrect Information:

Not Due to USCIS Error:

File a new Form I-765 with:
- The required fee (or fee waiver request).
- Supporting documents.
- The incorrect EAD card.

Due to USCIS Error:

Option 1: Online Service Request

Use the USCIS Service Request Management Tool (SRMT).
Select “EAD Replacement Due to USCIS Error.”
Submit your request, explain the error and return the incorrect card via USPS to:
- USCIS
- Lee’s Summit Production Facility
- Attn: I-765 Replacement Cards
- 7 Product Way
- Lee’s Summit, MO 64002
Keep your tracking info.
USCIS will process your request within 30 days (not including mailing time).

Option 2: Mail-In Process

Write a letter explaining the error, with:
- Supporting documents.
- The incorrect EAD card.
- Mail to the same address above via USPS.

EAD Replacement Notes

Processing Errors:
- If USCIS determines the error was not their fault, you will be notified and asked to follow the regular process.
Fee Waivers:
- Dependents of foreign governments, international organizations and NATO personnel don’t need to pay replacement fees.

Filing and Replacing EADs

Check Expiration Dates: Renew early to avoid gaps.
Use Online Tools: For errors, the SRMT tool is faster and easier than mail.
Document Everything: Keep copies of forms, receipts and correspondence.
Follow Instructions: Make sure your application is complete and accurate to avoid delays.

How to Inquire About a Case Outside Normal Processing Time with USCIS

If your case is pending with United States Citizenship and Immigration Services (USCIS) beyond the normal processing time, there are steps you can take to check on it. This page will guide you through the process, what information you’ll need and how to submit your inquiry.

What is “Outside Normal Processing Time”?

When a case is pending beyond the processing time estimated by USCIS, it’s considered outside normal processing time. To check the processing times:

Go to the Check Processing Times page.
Compare your filing date with the processing times for your form.

Who Can Inquire?

You can inquire about your case if:

Your case is beyond the processing time for your form.
USCIS has not contacted you in the past 60 days through:
- A notice about your case.
- A response to a Request for Evidence (RFE).
- An online update to your case status.

Exceptions:

H-2A Temporary Agricultural Worker Petitions:
- If your I-129 has been pending for more than 15 days without a decision or RFE, call USCIS at 1-800-375-5283.
DACA Renewal Applicants:
- If your renewal application has been pending for more than 105 days, you can also call USCIS at 1-800-375-5283.
Rosario v. USCIS Class Action:
- If your initial I-765 (employment authorization) based on a pending asylum application is not adjudicated within 30 days, you may be part of the Rosario class action.
- Go to www.uscis.gov/rosario for more info.

Before You Inquire

Make Sure You Have:

Receipt Number: On your I-797, Notice of Action.
A-Number (if applicable): An alien registration number given by USCIS.
Filing Date: The date you filed your application or petition.
Form Type: The USCIS form you filed (e.g. I-485, I-765, etc.).
Email Address: To receive a confirmation and response from USCIS.

How to Inquire

Go to the USCIS Website:

Go to the Case Inquiry Tool for cases outside normal processing times.

Enter Case Information:

Enter your Receipt Number to auto-populate form type and filing date.
Enter other information manually, such as form subtype and filing details.

Applicant Information:

Full name, date of birth, A-number (if applicable).
Mailing address, including any care-of details (optional).

Last Action Taken:

Describe last communication or update from USCIS (e.g. RFE received, biometrics appointment completed).

Confirm Contact Information:

Enter a valid email address to receive USCIS response and confirmation of your inquiry.

Security Check:

Enter the CAPTCHA.

Notes

Processing Time Goals:
- If your form isn’t on the processing time table, USCIS will adjudicate it within 6 months of filing. Wait 6 months before inquiring.
Privacy Act Statement:
- Your information will only be used to process your inquiry and respond to your request. See Privacy Act Statement below.

Exceptions

Expedited Cases:
- Some cases, like humanitarian emergencies, may be eligible for expedited processing. Go to the USCIS website to request expedited service.
Case Updates:
- Check your USCIS online account for updates before inquiring.

Phone

1-800-375-5283
For employers or DACA-specific inquires: Go to the USCIS Contact Center page.

Non-Delivery of Documents from USCIS

If you have a case with USCIS and didn’t receive a document that was mailed, you need to act fast. This guide will walk you through how to create an inquiry with USCIS and get your documents.

What is Non-Delivery of Documents?

Non-delivery is when a document issued by USCIS—such as an approval notice, EAD or Green Card—is not received at your mailing address after it was generated and sent.

When to Inquire

Check Case Status First

Go to the My Case Status Tool on the USCIS website to check your case status.
If the status shows the document was mailed, wait 30 days before inquiring.

What Do You Need?

Before you inquire, have the following information ready:

Receipt Number: Found on your Form I-797, Notice of Action.
A-Number (if applicable): Alien registration number, if provided.
Filing Date: Date you filed your application or petition.
Form Type: Type of form filed (e.g. I-765, I-485).
Document Not Received: What document is missing (e.g. Green Card, EAD).
Email: Required to receive response and updates.

How to Create an Inquiry

Go to the USCIS Website:

Go to the Non-Delivery of Documents page.

Enter Case Information:

Select the form type and subtype (e.g. Form I-765 for Employment Authorization).

Enter your receipt number and filing date.

Enter Applicant Information:

Enter the following:
First and last name (middle name optional).
Birthdate (MM/DD/YYYY).
A-Number (if applicable).

If you are a member or spouse of the U.S. military, check this box (may expedite your inquiry).

Mailing Address:

Enter your full address:
Street name and number.
Apartment, floor or suite (if applicable).
City, state and ZIP code.

Document Not Received:

Select the type of document from the dropdown (e.g. Green Card, Approval Notice).
Enter the last action on your case (e.g. “Case status showed the document was mailed on [date], but I haven’t received it”).

Email:
Security Check:
- Enter the CAPTCHA code.
Submit

What to Expect?

After you submit:

USCIS will process your request.
You will receive an email with a case reference number.
USCIS may contact you for more information or to confirm the outcome.

Tips

Verify Mailing Address: Make sure the address you entered on your original application or petition is correct. Contact USCIS to update your address if needed.
Track Mail: If you have tracking info from USPS or another carrier, check if delivery was attempted or made.
Don’t Delay: Respond to any USCIS requests for more information.

How to Track Your USCIS Notice or Immigration Document

When USCIS sends important notices or secure documents like Green Cards or travel documents, you need to stay informed about delivery. This guide shows you how to track, manage delivery and resolve issues with lost or missing mail.

Track Your Document or Notice

Your USCIS Online Account
- Log in to your USCIS online account to get updates automatically.
- Your account will have the USPS tracking number once USCIS mails your card or document.
- If you didn’t file online and don’t have an account, follow the instructions on the USCIS website to create one.
Check Case Status Online
- If you don’t have a USCIS online account, go to Case Status Online to see if your card or notice was mailed.
Sign up for USPS Informed Delivery
- With USPS Informed Delivery you can:
  - View daily images of your mail.
  - Automatically track packages.
  - Set up email and text alerts for delivery updates.
  - Provide delivery instructions to your mail carrier.
  - This service keeps you informed of mail coming to your address.

How USCIS Delivers Documents

Secure Mail Initiative (SMI)

USCIS sends some immigration documents (e.g. Green Cards, EADs) via USPS Priority Mail with Delivery Confirmation.
This ensures secure and timely delivery and allows you to track your documents.

Tips to Manage Your Mailing Address

Label Your Mailbox:

Make sure your name is clearly marked on your mailbox, especially in multi-unit buildings.

Check and Update Your Address:

USCIS sends documents to the address on your application or Form G-28 (if you have a representative).
If your address changes after you file, update your address with USCIS and USPS right away.

Use Standard Address Format:

Use the USPS Look Up a ZIP Code tool to enter your address correctly. This will prevent delays and lost mail.

Avoid Reapplication Fees:

Not updating your address promptly can result in lost documents, delays or having to reapply and pay extra fees.

Lost or Missing Mail

Missing USCIS Notices
- USCIS notices (e.g. appointment or approval letters) cannot be tracked via USPS or UPS.
- If you didn’t get a notice:
  - File a case inquiry on the USCIS website under the “Did not receive notice by mail” category.
  - You’ll need your receipt number to do the inquiry. If you don’t have it, contact the USCIS Contact Center for help.
Missing Secure Identity Documents or Cards
- Use USPS Informed Delivery to track your package.

What to Do if Tracking Shows Delivery but You Haven’t Received It:

Go to the USPS Find Missing Mail page and follow their instructions to locate your mail.
If USPS can’t find your mail and you think it was returned to USCIS:
- Contact the USCIS Contact Center or file a case inquiry under “Did not receive card by mail” or “Did not receive document by mail.”

Second Delivery or Replacement:

USCIS will try to deliver your document again if it was returned.
If it can’t be delivered, you may need to file a new application to have it reissued. See Immigration Documents and How to Replace Them.

Protect Your Documents

Keep Your Info Up to Date: Make sure USCIS has your current address.
Watch for Delivery: Use the USCIS online account and USPS Informed Delivery to track your mail.
Act Fast: Start looking for lost mail as soon as possible to avoid delays.

More

Learn About Your Document: See the USCIS website for information on specific documents.
After a Decision: Find out what to do next after your case is approved or denied.

Need Help?

Contact the USCIS Contact Center.

By following these steps and being proactive you can track and manage your USCIS documents.

Related Links

DACA

Consideration of Deferred Action for Childhood Arrivals Fee Exemption Guidance

Asylum

Optional Checklists

What to Do if USCIS Denies Your I-765 Application for EAD

You got denied on your I-765 (Application for Employment Authorization Document) and now you are feeling disappointed especially if you were counting on being able to work legally in the U.S. But a denial doesn’t have to be the end. Knowing the reasons behind the denial and the options available to you can help you take the right steps to fix the problem.

This article will cover the common reasons for EAD denial, how to address them and what are your other options.

Reasons for EAD Denial

USCIS may deny an EAD for the following reasons:

Ineligible Category:

You applied under a category that does not apply to your immigration status. For example, filed under a category that does not apply to your T visa.

Incomplete or Incorrect Application:

Missing information, incomplete forms or errors in the application.
Failure to include required supporting documents, such as proof of eligibility or identity.

Expired or Invalid Immigration Status:

Your underlying immigration status does not support EAD eligibility.
The primary application (e.g., I-485, I-918 or I-914) tied to your EAD application was denied or abandoned.

Failure to Respond to Request for Evidence (RFE):

If USCIS issued an RFE and you did not respond by the deadline or provided insufficient evidence.

Incorrect Filing Fee or Fee Waiver:

Failed to pay the correct fee or an incomplete fee waiver request.

What to Do After EAD Denial

1. Read the Denial Notice

Read the denial notice (Form I-797C) from USCIS. The notice will state the reason for denial. Read carefully.

2. Request Reconsideration or File a Motion

You can file a motion to reopen and/or motion to reconsider the denial if you think it was wrong:

Motion to Reopen:
- File a Motion to Reopen if you have new evidence or documents that USCIS did not consider before.
- Use Form I-290B (Notice of Appeal or Motion) and file within 30 days of the denial notice.
Motion to Reconsider:
- File a Motion to Reconsider if you think the denial was based on incorrect law or policy. Include a detailed legal argument.
Note: Filing a motion requires a fee unless you are fee exempt. Think carefully before you file.

In some cases, it may be better to file a new application instead of contesting the denial:

Correct Errors: Fix any mistakes or missing documents from your original application.
New Supporting Evidence: Add new or additional evidence to your case.
Timely Filing: Make sure to file on time and to the right address.

4. Fix Underlying Immigration Status Issues

If the EAD denial is because of issues with your immigration status or the primary application tied to your EAD, you may need to address those issues:

For Adjustment of Status (Form I-485):
- If your I-485 was denied, you may need to file a motion to reopen/reconsider or reapply for adjustment of status.
For U or T Visa:
- Make sure your principal application (Form I-918 for U visas or Form I-914 for T visas) is still valid and in process.
For DACA or TPS:
- Check your eligibility for deferred action or Temporary Protected Status and fix any gaps.

5. Get Legal Help

Immigration law is complicated and navigating a denial requires expertise. An immigration attorney or accredited representative can:

Review your denial notice and tell you what to do.
Help you prepare a motion to reopen or reconsider.
Assist with filing a new and complete EAD application.
Fix related immigration status issues.

Other Options While You’re Addressing the Denial

Expedite Requests:
- If you’re facing financial hardship because of the denial, you can request expedite for your next application. Provide evidence, such as proof of financial hardship or medical needs.
Volunteering:
- While you wait for a resolution, consider volunteering to build your skills, network and stay busy.
- Note: volunteering should not be unauthorized employment.
State or Local Assistance:
- Look into resources and programs for individuals waiting for legal work authorization.

How to Avoid Future Denials

Review Eligibility Requirements:

Check your eligibility category before you apply and make sure your underlying immigration status supports EAD.

File a Complete and Accurate Application:

Check all forms and documents twice for accuracy.
Include all required supporting evidence and the correct filing fee or fee waiver request.

Respond to RFEs:

If USCIS asks for more information, respond quickly and thoroughly to avoid delays or denials.

Keep Your Immigration Status In Order:

Make sure your primary application or status is still valid and in process.

Working on an EAD May Violate Non-Immigrant Status (e.g., F-1 or J-1)

The Employment Authorization Document (EAD) allows non-citizens in the US to work under certain circumstances. For those with pending asylum applications or Temporary Protected Status (TPS), an EAD is often a lifeline.

But working on an EAD while maintaining other non-immigrant statuses, such as F-1 (student) or J-1 (exchange visitor) can create legal problems and may even violate the conditions of those statuses. Knowing what’s at stake is key to not jeopardizing your immigration status in the US.

Non-Immigrant Status

Non-immigrant statuses like F-1 and J-1 are very restrictive and come with conditions. Those conditions usually include:

F-1 Students: Work is limited to on-campus (up to 20 hours/week during academic terms) or pre-approved off-campus work under OPT or CPT.
J-1 Exchange Visitors: Work is generally limited to program activities or specific employment authorized by the program sponsor.

Any unauthorized work, even with an EAD, is considered a violation of those status requirements.

EAD and F-1 or J-1 Status

An EAD obtained through asylum, TPS or other programs allows unrestricted employment authorization. But using the EAD to work off-campus or outside of F-1 or J-1 employment restrictions can cause problems:

Loss of Non-Immigrant Status: Non-immigrant statuses like F-1 and J-1 are conditional. Unauthorized work, even if legally authorized by an EAD, can terminate those statuses.
Dual Intent: Applying for asylum or TPS shows “dual intent” meaning you intend to immigrate permanently to the US. But non-immigrant statuses like F-1 and J-1 require you to maintain the intent to return to your home country. Using an EAD tied to a pending asylum application could raise questions about your intent and create problems during immigration reviews.
SEVIS Records: For F-1 students, unauthorized work will be reported in the Student and Exchange Visitor Information System (SEVIS) and could terminate your student status immediately.

Consequences of Status Violations

If your F-1 or J-1 status is found to be violated due to unauthorized work:

You may lose benefits associated with your non-immigrant status, such as the ability to stay in the US, apply for extensions or change status.
Future immigration applications will be impacted as status violations can make you inadmissible or create other legal hurdles.
Overstaying after losing F-1 or J-1 status can trigger unlawful presence penalties and make it harder to reenter the US in the future.

Minimizing the Risks: What to Do

Know Your Options: Before using your EAD, consult an immigration attorney to see how it will affect your existing non-immigrant status.
Employment Authorization for Your Current Status: If you’re on F-1 or J-1 status, look into employment options within your status, such as OPT, CPT or employment authorized by your J-1 sponsor.
Change Status: If using an EAD and maintaining F-1 or J-1 status isn’t possible, you may consider changing to a status that’s more suitable for your situation.
Keep an Eye on Your Immigration Clock: If your F-1 or J-1 status is compromised, have a backup plan, such as a pending asylum application or TPS, so you don’t fall out of status altogether.

2023 USCIS Redesigned Employment Authorization Document (EAD)

In 2023 the U.S. Citizenship and Immigration Services (USCIS) released a redesigned Employment Authorization Document (EAD), also known as Form I-766. This redesign adds more security features and modernizes the card. Below we’ll show you the before and after.

2023 Redesigned EAD Features

New Artwork
- The new design features updated eagle artwork, the symbol of the United States.
- This matches other modernized USCIS documents to improve appearance and anti-counterfeiting.
Rearranged Data Fields
- The cardholder’s name, category and validity dates are in different positions than before.
- This makes it clearer and more accessible for cardholders and verifiers.
Fingerprint Removed from Front
- Unlike before, the new EAD does not have the cardholder’s fingerprint on the front. This is for privacy while maintaining security.
Tactile Printing
- The 2023 EAD has new tactile printing which is embedded in the artwork. This adds an extra layer of security and makes it harder to copy.
Optically Variable Ink
- The new EAD has optically variable ink that changes when viewed from different angles. This is anti-counterfeiting technology.
Holographic Images
- Both front and back of the new EAD have holographic images.
- Nice to look at and another security feature.
Layer Reveal
- The partial window on the back photo box has a layer reveal. This is a cool feature that adds more security to the card.

Before vs. After

Before Redesign

Had fingerprint on the front.
Simple artwork with less security features.
No tactile printing and old ink.

After Redesign (2023)

No fingerprint on the front.
Modern artwork with tactile printing and optically variable ink.
Holographic images and layer reveal.

Why

The 2023 EAD redesign:

To prevent counterfeiting and unauthorized copying.
To modernize the look to match other U.S. government documents.
To improve usability and privacy for cardholders.

Frequently Asked Questions for Form I-765 (Application for Employment Authorization)

Form I-765 General Questions

What is Form I-765?

Form I-765 is an application for Employment Authorization Document (EAD) which allows eligible noncitizens to work in the U.S.

Who can file Form I-765?

Noncitizens in certain immigration categories such as adjustment of status applicants, asylum seekers, refugees and certain visa holders etc.

What is EAD for?

Proof of work authorization for noncitizens who are not otherwise authorized to work in the U.S.

Who is eligible for EADs?

C09 (adjustment of status), C08 (asylum applicants), A03 (refugees), A12 (TPS holders) and many others listed in the I-765 instructions.

Is EAD the same as green card?

No. EAD is temporary work authorization, green card is permanent residence and work authorization.

File Form I-765

What do I need to file Form I-765?

Form I-765, identity documents (e.g. passport), proof of eligibility category, prior EAD (if applicable), 2 passport photos and filing fee (if required).

Do I need to pay a fee?

Some categories require a fee, some are exempt. Check the USCIS Fee Schedule.

What is the fee for Form I-765?

$520 for filing by mail; $470 if filed online. If filing with I-485, then I-765 filing fee is $260. Exemptions and fee waivers may also apply.

Can I file Form I-765 online?

Yes, some categories are eligible to file online. Check the USCIS website for eligibility and instructions.

Where do I file Form I-765?

Submit the application to the correct USCIS address for your eligibility category. Addresses are listed on the USCIS website.

Form I-765 Instructions

What if I’m not sure of my eligibility category?

Read the I-765 instructions or consult an immigration attorney.

What’s the difference between initial and renewal?

“Initial” is your first EAD application under a specific category. “Renewal” is to extend your EAD before it expires.

What if I select the wrong category?

USCIS may reject or deny your application, so be accurate.

How do I fill out the form if I don’t have SSN?

Check “No” for SSN. You can also request a new SSN on Form I-765.

I already have SSN?

Enter your existing SSN but do not request a new one.

Can I leave fields blank?

Don’t leave fields blank. If a question doesn’t apply, write “N/A” or “None” as instructed.

How do I enter a mailing address?

Enter a valid address where you can receive mail. Make sure it’s the same address you use for USCIS correspondence.

Do I need to include my A-Number?

Yes, if you have an Alien Registration Number (A-Number), enter it on the form.

How do I enter my eligibility category on Form I-765?

Use the category codes in the instructions, e.g. (C)(9) for adjustment of status or (A)(5) for asylees.

Supporting Documents

What photos?

2 recent passport photos following USCIS specs.

Do I need to submit my passport?

Copy of biographical page and U.S. entry stamps.

Do I need to submit prior EAD for a renewal?

Yes, include a copy of your current or most recent EAD.

What if I lost my prior EAD?

Explain and provide supporting documents showing prior work authorization.

What if my documents are not in English?

Provide certified English translations of all foreign-language documents.

Can I submit photocopies of original documents?

Yes, unless USCIS requests originals.

Filing the Application

Should I mail or file online?

Depends on your category. Online filing is available for some, others must mail.

How do I mail my application?

Include the form, supporting documents, fee and photos in the order listed in the instructions.

Can I track my application after I file?

Yes, USCIS will provide a receipt number to track your case online.

After Form I-765 is filed

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

Processing time varies by category and service center but can be 2-12 months.

Will I get a receipt notice?

Yes, USCIS will send a receipt notice within a few weeks of receiving your application.

Can I expedite?

Expedite available for humanitarian or financial hardship reasons.

What if my address changes?

Update your address with USCIS right away to avoid delays.

What if my application is denied?

USCIS will send a denial notice explaining why. You can reapply if eligible or consult an attorney.

EAD Validity and Renewal

How long is EAD valid?

Depends on your category, 1-5 years.

When should I renew my EAD?

File a renewal at least 180 days before EAD expires.

What happens if my EAD expires while my renewal is pending?

Some categories get an automatic 540 day extension.

Can I work with an expired EAD?

Only if you qualify for an automatic extension.

Special Cases

What if I’m applying for TPS and EAD at the same time?

You can file Form I-765 with your TPS application.

Can I apply for EAD if I have DACA?

Yes, DACA recipients get an EAD for 2 years.

Can dependents of visa holders apply for an EAD?

Yes, H-4, L-2, E-2 spouses can apply.

My EAD is lost or stolen what do I do?

File Form I-765 for a replacement EAD.

Other

Can I file Form I-765 with Form I-485?

Yes, adjustment of status applicants can file both forms together.

What’s the difference between an EAD and combo card?

A combo card is an EAD and Advance Parole for adjustment of status applicants.

How much to replace a lost or stolen EAD?

Same as for a new EAD.

Do I need an EAD if I have a work-authorized visa?

No, if your visa already grants work authorization (e.g., H-1B).

Can I work multiple jobs with an EAD?

Yes, unless otherwise stated, an EAD allows unrestricted employment. Not OPT restrictions related to F-1 EADs.

Can I use my EAD for I-9 verification?

Yes, it’s proof of work authorization for employers.

Can I travel outside the U.S. with an EAD?

No, an EAD does not grant re-entry into the U.S. You need separate travel authorization.

How do I check my case status?

Use the USCIS case status online tool with your receipt number.

Do I need an attorney to file Form I-765?

• No, but recommended for complex cases or if you’re unsure about your eligibility.

We are Here To Help

In summary, immigration forms like the I-765 and getting an EAD can be overwhelming. Attorney Richard Herman and his team of immigration lawyers at Herman Legal Group have the expertise and passion to help individuals and families achieve their immigration goals. They know the immigration laws, have a successful track record and a client-centered approach so your questions and concerns are addressed with care.

Whether you’re applying for your first EAD, renewing or having issues with the process, having a trusted advocate like Attorney Richard Herman can make all the difference. Don’t leave this important matter to chance—contact the Herman Legal Group today and get peace of mind and move forward.

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