What Is Form I-765?

Posted on October 15, 2010. Filed under: Immigration | Tags: , , |

If you are a not a US citizen or a lawful permanent resident, you should apply for an EAD to prove you may work in the United States.

Employment authorization form I-765 :

Certain persons who are temporarily in the United States may file a Form I-765, Application for Employment Authorization to get an Employment Authorization Document (EAD). Others who are authorized to work in the US without restrictions should also used this form to apply for a document showing such authorization.

EADs are issued in three categories. This document proves your right to work in the United States. The renewal EAD is where a document is issued to an eligible applicant on expiration of previously held EAD. A Replacement document is issued to eligible applicants when the previously issued EAD was lost, mutilated or contains incorrect information such as a misspelled name.

In situations where you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007 or after and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 along with your I-485 or may submit the I-765 at a later date. I f you are filing Form I-765 separately, you should also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485. Individuals who get an EAD as part of an adjustment of status application can work for anyone. The issuance of employment authorization is essentially unlimited. There are no restrictions on whom the applicant may work or how many hours he/she may work.

If you are applying based on asylum status, you must wait to apply for employment authorization until 150 days have passed since the date the asylum application was filed and if no decision has been made on the asylum application. In case 150 days have passed and no decision has still been made on your application, you can file Form I-765 to request employment authorization. If you already received a recommended approval for a grant of asylum, you need not wait until 150 days have passed since your filing date and can apply for an employment authorization document immediately upon receipt of the recommended approval. If you are granted asylum, you are liable to employment authorization and you will receive an employment authorization document from USCIS.

As far as the submission fee for the I-765 is concerned, you need to send a check for $340 along with your application. There are a few exceptions though.

Once you send the completed application to the USCIS, they will check for its completeness. Additionally, they may request more information or evidence and the applicant maybe required to appear at an USCIS office for an interview. And also, they might request the applicant to submit original documents, which will be returned when they are no longer required. Then, a decision will be made within 90 days of the application (30 days for an application based on asylum application). If approved, the EAD will be sent to the applicant or the applicant may be requested to go to the local USCIS office to pick it up. If denied, a written notice explaining the basis of denial will be sent to the applicant.


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