Looking for help to apply for employment authorization to work in the USA?

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Application for Employment Authorization Form I-765 must be filed to request for Employment Authorization Document (EAD) in the United States by aliens temporarily staying there. This form should also be used by aliens authorized to work without restrictions in US for a document as authorization evidence. Form I-688, Form I-688A, Form I-688B, Form I-766 or any USCIS document authorizing holder to work in US come under the Employment Authorization Documents.

Who may file Form I-765?

Employment
authorization
request is resolved by USCIS after checking the applicant’s eligibility and completeness of the required documents submitted. Firstly the category under which applicant is eligible must be determined. The following are the list of categories:

  • Refugees/Asylee and their spouses and children: The copy of approval letter of Form I-590 registration for classification as refuge or approval notice of the refugee/asylee relative petition Form I-730 must be filed along. Along Form I-765 the copy of Form I-94, arrival-departure record must be submitted if paroled as a refugee. Asylee who is granted asylum must file along the form copy of letter from USCIS or judge’s decision. 90 days before current EAD expires only it’s necessary to apply for an EAD.
  • Nationality categories: If you are from the category that falls under the agreements between the US and the former trust territories, citizens of Palau, the Marshall Islands or Federal state of Micronesia you should submit the form. For extended voluntary departure or deferred enforced departure Form I-765 must be filed with evidence of nationality and identity. Along with Form I-821 Application for temporary protected status it must be filed by every applicant regardless of age and even if not requesting employment authorization but fees need not be paid.  Nationality and identity evidence is required for EAD. For Temporary protected status extension include back and front copy of the previous EAD document, Form I-94 or approval notice. NACARA (Nicaraguan Adjustment and Central American Relief Act) relief with USCIS eligible applicants must file Form I-881 with the request for Employment authorization.  For dependents of TECRO (Taipei Economic and Cultural Representative Office) certificate from American Institute in Taiwan is also required along Form I-765.
  • Student from foreign countries: With a certificate of eligibility of non-immigrant (F-1) student status (Form I-20 A-B/I-20 ID) certified by designated school official, the form must be filed. Also same applies for F-1 students seeking off campus employment with sponsorship or due to financial constraints. In case of Exchange (J-1) visitor’s J-2 spouse or minor child Form IAP-66 and copy of the J-1 visitor’s status must be submitted. Completed Form I-539 application to change/extend non-immigrant status must be filed along employment authorization request and also with the Form I-20 M-N certificate of eligibility for M-1 status certified by school designated official.
  • Diplomatic mission, International Organization or NATO employee’s eligible dependents: A-1 or A-2foreign government official’s dependents must submit Form I-566 Inter-agency record of Request-A, G or NATO status along Form I-765. Similarly for G-1, G-3 or G-4 dependents also Form I-566 is required like the NATO status dependents.
  • Non-immigrants employment based: B-1 non-immigrant employee of non-immigrant employer should file along with evidence of employment. Also if B-1 non-immigrant servant for US citizen, evidence should be submitted along with the form. If employed by a foreign airline B-1 non-immigrant should file Form I-765 with letter from the employer stating that you are entitled for E non-immigrant status.
  • Non-immigrants family based: Non-immigrant K-1 fiancee of a citizen of US or K-2 dependent should file within 90 days from the date of entry the Form I-765. No renewal is possible of this EAD. With copies of K-visa, passport and Form I-94 the K-3 and K-4 visa holders can file form for EAD. Application for Voluntary departure under the family unity program an EAD will be issued if Form I- 817 is filed. Form I-765 will be required to renew the same. V1, V2 or V3 visas holder who are lawful permanent resident’s spouse or children must file for EAD the form with copies of the Form I-94 and visa.
  • Categories in Adjustment of status: Form I-765 must be filed along with receipt notice or proof that Form I-485 Application to register permanent residence or adjust status is pending. Both forms can be filed together as well.
  • Other categories: T-1 non-immigrant visa holders normally file the request for EAD along the visa application itself. This Form I-765 should be used in case of replacement or renewal with evidence for current status. Same is the case of U-1 visa holders. In case of T-2, T-3 or T-4 non-immigrants, request for EAD should be filed with T-1 approval notice and proof for relationship. For VAWA (Violence against Women Act) self-petitioners Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant approved notice copy must be submitted along Form I-765.

Form filing procedure

The Form I-765 must be filed along with the filing fee of $380. Also two identical passport-style photographs taken within 30 days of filing should also be submitted. The form should be filed at the USCIS Vermont Service center or can be mailed to USCIS Chicago lockbox address. After the form is checked for completeness and applicant eligibility is confirmed the decision is taken. Upon approval the EAD will be sent or applicant may have to pick it up from local USCIS office. In case it’s denied the applicant will receive a notice with an explanation for the same.

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     /  August 29, 2012

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