Employment-based immigration

Form I765: Employment Authorization Application Explained

Form I765 is an application for an Employment Authorization Document (EAD), a card verifying an individual's right to work in the U.S. In this Guide we will explain how to get your EAD, how long does it take and what steps you must take to apply for an i765.

Simon Craven, Manifest Immigration Lawyer

By:

Chelsea Spinos

Chelsea Spinos is a contributing writer for Manifest Law. She covers all topics related to U.S. visas and green cards. She is passionate about helping people navigate their immigration journey with clarity and confidence.

Reviewer:

Simon Craven, Esq.

Simon Craven is an immigration attorney with 11+ years of experience working on thousands of successful immigration cases. Simon is passionate about US immigration and helping people.

9 min read • July 19, 2024

Key takeaways

Form I765 helps you get a work permit, or Employment Authorization Document (EAD), which you can show to potential employers as proof that you’re eligible to work.

If you fall into any of these categories, you may need to file Form I765: nonimmigrant workers, people adjusting status, certain dependent spouses of nonimmigrant workers, and students.

The processing time for the I765 form can be lengthy, ranging from 6 months to over 1 year.

While waiting for your Employment Authorization Document (EAD), you are generally not allowed to work.

What is the I765 form used for?

Form I765, officially known as the “Application for Employment Authorization,” is what you need if you’re a foreign national who may be eligible to work in the U.S.

This application helps you get a work permit, or Employment Authorization Document (EAD), which you can show to potential employers as proof that you’re eligible to work.

For citizens and permanent residents (green card holders), working in the U.S. is straightforward—they’re good to go without extra permissions. However, some (not all) nonimmigrants must request employment authorization from USCIS.

If you qualify and get approved for employment authorization through the I765 form, you'll get what's called an Employment Authorization Document (EAD), which is also known as an Employment Authorization Card or Work Permit. This is a license to work legally in the U.S.

Who may file I765 form?

If you aren’t yet a U.S. citizen or permanent resident, but wish to obtain authorization to work in the U.S., you may need to complete the I765 form.

Let’s take a look at some of the common categories of who may file Form I765:

Nonimmigrant Workers

People applying for asylum

Certain Dependent Spouses of Nonimmigrant Workers

Students

If you're here on a temporary visa and want to work, you might need to file this form.

If you're in the process of becoming a permanent resident (getting a green card) you may file I765 form while your adjustment of status application is pending.

Dependent spouses of certain nonimmigrant workers, such as some H4 visa holders (spouses of H-1B visa holders) may be eligible to receive an EAD.

Certain categories of students, such as F-1 visa holders who are eligible for Optional Practical Training (OPT) or M-1 visa holders engaged in practical training, may file Form I765 to obtain employment authorization related to their studies.

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How to submit the Form I765

Getting started with the I765 form is your first step towards gaining the right to work legally in the U.S.

Here, we'll walk you through the steps you need to follow to submit your application and receive your Employment Authorization Document (EAD).

If you have been asked to assess the work of other people in your field, this might help you qualify for one of the O1 visa criteria. Judging can be in a competitive setting, such as a contest, awards panel, or grants committee. Or, it can be an evaluation of someone’s work, like a scientific paper or presentation, or even a grant application.

The key here is that some organization thought you were the go-to person with ample expertise to assess the work of others. This shows USCIS that you are seen as someone who stands out from others in your work.

If you think you can meet the “judge of others” criteria and at least two other criteria on the list of O1 visa evidence, you could be ready to apply! Reach out to Manifest Law and we can help you put your best case forward.

Getting started with the I765 form is your first step towards gaining the right to work legally in the U.S.

Here, we'll walk you through the steps you need to follow to submit your application and receive your Employment Authorization Document (EAD).

Step 1: Check your eligibility

Before starting your i765 application form, make sure you're eligible to apply for employment authorization.

Some examples of people eligible to file Form I765 include:

Nonimmigrant Workers: Individuals on a temporary visa who want to work.
Asylum Applicants: Individuals who have a pending asylum application.
Individuals Adjusting Status: Those in the process of becoming permanent residents (green card applicants) while their adjustment of status application is pending or their priority date is not current.
Certain Dependent Spouses of Nonimmigrant Workers: Dependent spouses of certain nonimmigrant workers, such as H4 visa holders (spouses of H-1B visa holders).
Students: Certain categories of students, including F-1 visa holders eligible for Optional Practical Training (OPT) and M-1 visa holders engaged in practical training.

You can find more information on eligibility categories here, and a complete list in the Form I765 instructions

Before starting your i765 application form, make sure you're eligible to apply for employment authorization.

Some examples of people eligible to file Form I765 include:

Nonimmigrant Workers: Individuals on a temporary visa who want to work.
Asylum Applicants: Individuals who have a pending asylum application.
Individuals Adjusting Status: Those in the process of becoming permanent residents (green card applicants) while their adjustment of status application is pending or their priority date is not current.
Certain Dependent Spouses of Nonimmigrant Workers: Dependent spouses of certain nonimmigrant workers, such as H4 visa holders (spouses of H-1B visa holders).
Students: Certain categories of students, including F-1 visa holders eligible for Optional Practical Training (OPT) and M-1 visa holders engaged in practical training.

You can find more information on eligibility categories here, and a complete list in the Form I765 instructions

Step 2: Gather required documents for filing

Here's what you'll need to gather for your Form I765 application:

✓ Copy of your I-94 travel record or electronic I-94 from CBP (if applicable)

✓ Copy of your U.S. visa (if applicable)

✓ Copy of your passport photo page

✓ Copies of any previous work permits (if applicable)

✓ Two recent passport-style photos of yourself

✓ Evidence of your eligibility for employment authorization (the specific evidence will vary based on your category)

✓ If you haven't had a work permit before, include a copy of one of these IDs

Birth certificate and photo ID.
Copy of a visa issued by a non-U.S. consulate.
Another national ID with your photo and/or fingerprint.

Download the Form I765 documents checklist below.

Here's what you'll need to gather for your Form I765 application:

✓ Copy of your I-94 travel record or electronic I-94 from CBP (if applicable)

✓ Copy of your U.S. visa (if applicable)

✓ Copy of your passport photo page

✓ Copies of any previous work permits (if applicable)

✓ Two recent passport-style photos of yourself

✓ Evidence of your eligibility for employment authorization (the specific evidence will vary based on your category)

✓ If you haven't had a work permit before, include a copy of one of these IDs

Birth certificate and photo ID.
Copy of a visa issued by a non-U.S. consulate.
Another national ID with your photo and/or fingerprint.

Download the Form I765 documents checklist below.

Download form

Step 3: Complete the I765 form

Make sure to fill out Form I765 accurately and completely. If you’re wondering where to find form i765, you can download it below or on the USCIS website.

Download form

Step 4: Include the I765 filing fee

The standard filing fee for Form I765 is $520 if you submit your application by mail, or $470 if you file online, but you should check the USCIS website for your specific application type.

Step 5: Mail your application

Send your completed Form I765, along with all supporting documents and the filing fee, to the appropriate USCIS mailing address. Make sure to use the correct mailing address based on your eligibility category!

Step 6: Attend the biometrics appointment

If USCIS requires biometrics (fingerprinting and/or a photograph), you will need to attend your scheduled appointment at the designated USCIS Application Support Center (ASC). USCIS will send you the appointment confirmation and details.

Women looking at laptop excited and smiling

Step 7: Wait for approval!

Once USCIS processes your application, you'll receive a decision. If approved, you'll receive your Employment Authorization Document (EAD) in the mail.

Form I765 instructions

Check out the video below where Simon Craven, an immigration attorney here at Manifest Law, walks you through Form i765.

1

Application for Employment Authorization

2

To view and download a fillable PDF of the form, click on:

Download form

💡 Manifest Tip: You can also find complete instructions and a worksheet in the links below for further information and guidance.

3

Start by indicating the type of EAD application you are filing. If this is your first application, check the box for "Initial permission to accept employment."

4

Name

This should be your full legal name (usually as written on your passport)

5

Other Names Used

It is important to list ALL names you have ever used, or as they appear on official documents (maiden names, nicknames, etc.).

6

Addresses

Here, you will include your mailing address for USCIS. This is where they will send notices relating to your case. If you residential address is different, you can list that below.

7

Other Information

Basic processing questions

8

Social Security Number

If you do not already have one, you can request a Social Security number along with your application for employment authorization. The form collects additional information for this process.

9

Citizenship/Nationality

10

Place of Birth

11

US Arrival Information

Enter the information for your most recent arrival to the US.

💡 Manifest Tip: You can find your latest I-94 arrival record here: https://i94.cbp.dhs.gov/I94/#/home

12

Special Eligibility

This sections confirms information about eligibility categories. For example, additional information is needed for STEM OPT applicants. These additional details can be omitted if the special categories do not apply to you.

13

i765 codes online:

Basic processing questions

💡 Manifest Tip: You can find the EAD code for your category (Question #27) on the USCIS website: https://www.uscis.gov/employment-authorization

14

English Statement and Contact

Here, you confirm whether you have read this application yourself, or used the services of an interpreter. You also list your contact information.

15

Declaration and Certification

This certification is to confirm that you have read every part of your application and are being truthful, among other declarations. It is very important to make sure to sign the form.

💡 Manifest Tip: The form must have an original signature in ink. USCIS will accept a scanned copy of an originally signed document as well. Electronic signatures are not accepted.

16

If you used an interpreter for the application, they will complete this section as well:

Here, you confirm whether you have read this application yourself, or used the services of an interpreter. You also list your contact information.

17

Interpreter contact information form i765 details:

18

Preparers information add here

If someone helped you with the application, like an attorney, these sections would be filled out with their information.

19

Addendum (Additional information)

This is where you would include any information that did not fit into the form fields or additional details and explanations as needed.

20

What to include?

USCIS provides an unofficial list of evidence to include based on your eligibility category. Most applications require a copy of your passport, proof of your eligibility, and passport-style photos, for example: https://www.uscis.gov/forms/filing-guidance/checklist-of-required-initial-evidence-for-form-i-765-for-informational-purposes-only

21

Where to file the i765 application?

Where to file the application depends on your eligibility category. You can find the filing addresses here: https://www.uscis.gov/i-765-addresses

22

Online Filing:

You can also file the I-765 application online by creating an account on the USCIS website (https://myaccount.uscis.gov/sign-in).

23

Processing time i765

The processing time for the I765 form can be lengthy, ranging from 6 months to over 1 year. The actual processing time varies widely depending on factors such as the specific eligibility category and the USCIS service center handling the application.

It's important to note that USCIS reports processing times only for successfully filed forms. If an application is not properly prepared or fails to meet eligibility requirements, USCIS may reject or deny it.

You can review the most recent processing time for the I765 form at the office handling your case on the USCIS website.

24

Case tracking

Once filed, you can track your I765 case status online using the receipt number issued by USCIS as confirmation. This can be done here: https://egov.uscis.gov/

25

When your i765 application has been approved, you will get your EAD card in the mail. You are now ready to work in the US!

Remember: Filing the I765 form online is quick and easy, but it won't make USCIS process your application any faster.

Application for employment authorization

How to expedite your i765 form

USCIS considers expedite requests on a case-by-case basis, usually for situations involving severe financial loss, emergencies, humanitarian reasons, nonprofit activities, USCIS errors, or certain government interests.

If you need to expedite your I765 application for any of these reasons, here's what you can do.

Step 1: Prepare your request

Gather all supporting documents that justify your request for expedited processing, such as medical records, financial statements, or job offers.
Write a cover letter explaining your urgent need for expedited processing.

Step 2: Contact USCIS

Call the USCIS Contact Center at 1-800-375-5283 (TTY 1-800-767-1833). Explain your situation and request expedited processing.
If you filed online, you can submit an expedite request online through your USCIS account.

Step 3: Submit your request

Fax or mail your request to the USCIS office handling your application

Step 4: Check your case status

Monitor your case status through your USCIS account or by calling the USCIS Contact Center.

Form i765 fee

The standard filing fee for Form I765 is $520 if you submit your application by mail, or $470 if you file online.

However, the filing fee may vary slightly depending on specific circumstances, including:

If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, with a fee on or after April 1, 2024, and your Form I-485 is still pending.

If you are filing under the special ABC procedures for an initial Employment Authorization Document (EAD) for category (c)(8) as an asylum applicant with a pending Form I-589.

If you are requesting an EAD under category (a)(12) or (c)(19) as a Temporary Protected Status (TPS) applicant.

If you are filing under category (c)(33), on Form I-821D, Consideration of Deferred Action for Childhood Arrivals.

Paper filing fee

$260

$520

Online filing fee

$260

$470

Who is exempt from paying the Form i765 fee?

Some categories are exempt from paying a filing fee for Form I765. The Form I765 instructions has a full list of who else is exempt from paying the fee.

Who is required to pay a biometrics fee when applying for a work permit?

If you fall into any of the categories listed below, you may need to pay an additional $85 biometrics fee:

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

What if I can’t afford the i765 fee?

If you're unable to cover the filing fee, you can seek a fee waiver by submitting Form I-912 (Request for Fee Waiver) with your Form I765 and all supporting documents. If approved, both the filing and biometrics fees will be waived, and you won't owe anything.

We recommend consulting the USCIS website for comprehensive information on all filing categories and associated fees, as well as for the latest updates.

How to track your i765 form status

To track the status of your Form I765, you can use the USCIS online case status tool. Here's how:

Visit the USCIS Website: Go to the USCIS website at www.uscis.gov.
Navigate to Case Status: Find the "Check Your Case Status" tool on the USCIS homepage.
Enter Your Receipt Number: You'll need the receipt number provided to you after you submitted your Form I765 application. Enter this number into the designated field on the USCIS website.
Submit Your Inquiry: Once you've entered your receipt number, click on the "Check Status" or "Submit" button to proceed.
View Your Case Status: The USCIS online case status tool will provide you with the latest information about the status of your Form I765 application.
Check for Updates: Check the USCIS website regularly for any updates on your case status. USCIS may also send you notifications via mail or email if there are any significant changes or requests for additional information.

Frequently asked questions

What happens if my i765 form is denied?

If your application is denied, USCIS will provide a written explanation. You may be able to reapply, file a motion to reopen or reconsider, or appeal the decision, depending on your specific circumstances.

If your I765 form is denied, seeking guidance from an immigration attorney is recommended. Our team at Manifest Law is here to help you understand why your application was denied and assist you in taking the right steps forward.

Beyond the denial, there could be other ways to secure employment authorization or legal status in the U.S. Our immigration attorneys at Manifest Law can explore alternative options tailored to your situation and provide expert guidance along the way.

Can I work while my i765 form is pending?

While waiting for your Employment Authorization Document (EAD), you are generally not allowed to work. However, there are some exceptions:

If you already have authorization to work in the U.S. under a different immigration status, like an H-1B visa, you can continue working under that status even while your Form I765 is pending.

Additionally, if you're eligible for employment authorization through another category or visa status, you can apply for a separate Employment Authorization Document (EAD) based on that eligibility. For example, students might qualify for Optional Practical Training (OPT), which allows them to work in their field of study for a specific period. You may also be able to work while filing for an extension of an existing EAD.

How Manifest Law can help

At Manifest Law, we can file your I-485 or I-765 form for a fixed fee and help you avoid mistakes and delays. In certain instances, our experienced immigration lawyers can expedite the I765 applications by explaining the urgency of your case.

Book a free consultation today to learn how we can assist you.

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

Take the First Step:

Schedule your free consultation!

Review of visa options available for you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law

In this blog article:

What is the I765 form used for?

Who may file I765 form?

How to submit the Form I765

Form I765 instructions

Form I765 mailing address

Where to file form I765?

Can you file form I765 online?

I765 form processing time

How to expedite your I765 form

Form I765 fee

How to track your I765 form status

Frequently asked questions

How Manifest Law can help

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