Who Is Eligible to File USCIS Form I-765?
If you're not a U.S. citizen, you'll likely fall under one of the following three categories of individuals who are eligible to work within the us.
- Category 1: You're authorized to work within the U.S. due to your current immigration status.
- Category 2: You're authorized to work for a selected employer as a result of your nonimmigrant status.
- Category 3: You're in an immigration category that requires you to request a work authorization document in order to work in the U.S.
To be legally employed within the U.S, you're required to present legal documentation to an employer that proves that you're authorized to work in the U.S.
- U.S. citizens can meet this requirement by showing proof of their U.S. citizenship and another government issued ID or document to confirm their status.
- Lawful permanent residents can meet this requirement by showing their Permanent Resident Card (Green Card)
- Refugees can meet this requirement by showing their Form I-94, Arrival-Departure Record, which features a red stamp indicating employment is permitted.
- Asylees (people granted asylum within the United States) can meet this requirement by presenting an unrestricted Social Security card, EAD and/or Form I-94 that features a red stamp indicating employment is permitted .
- Certain nonimmigrant visa holders who are eligible to work for a selected employer can show their Form I-94 Arrival-Departure record with their nonimmigrant visa, which normally indicates the name of the employer for whom you're authorized to work for. You'll get information from your Form I-94 by visiting the U.S. Customs and Border Protection website.
- Most others will need to submit for I-765 to request an employment authorization document, or evidence of employment authorization incident to status, and receive an EAD as proof of their employment authorization before they can work in the U.S.
How to Apply for Employment Authorization Card
To obtain authorization to work within the U.S. or proof of your authorization incident to status, you want to file USCIS Form I-765 Application for Employment Authorization Document. Applicants must file before obtaining employment authorization.
- Complete Form I-765, Application for Employment Authorization Document.
- Submit the filing fee(s) with their application along with any required evidence documents.
- Sign and mail Form I-765 to the correct USCIS filing location according to your form instructions.
What Happens After You Apply
Once the USCIS receives your application, they will process your application. You should expect to receive the following correspondence.
- A receipt notice of your forms and worksheet,
- A notice for your biometrics appointment date
- A written notice of a decision.
What are the document requirements in submitting an application?
USCIS requires you to include a copy of each of these:
- Form I-94, which is the document used for returning resident aliens and returning immigrant visa holders.
- Any previous EAD issued to you previous Employment Authorization document
Also need to include two passport-style photo taken within the last 30 days as well as a check or money order to pay the USCIS filing fee.
USCIS Filing fees for Employment Authorization Document
FileRight application package preparation fee is $195.
USCIS filing fees to file Form I-765 is $410. You’ll also have to pay an additional $85 fee if a biometric service fee applies to your situation.
USCIS won’t refund your money, even if your application is denied. We’ll help ensure your application is correct and complete.