The Form I-765, Application for Employment Authorization, is a crucial document for individuals who are not U.S. citizens but wish to work in the United States. This form is used by U.S. Citizenship and Immigration Services (USCIS) to determine whether an applicant is eligible for a work permit, also known as an Employment Authorization Document (EAD). The EAD is a valuable document that proves an individual’s right to work in the U.S. temporarily.
To be eligible for an EAD, applicants must meet specific requirements, which can vary depending on their immigration status. Generally, applicants must be in one of the following categories: asylum applicants, refugees, applicants for adjustment of status, certain nonimmigrant visa holders (such as F-1 or J-1 visa holders), or individuals with a pending application for a green card. Other categories may also be eligible, including spouses of certain visa holders, individuals with Temporary Protected Status (TPS), and those with Deferred Action for Childhood Arrivals (DACA) status.
Step-by-Step Guide to Filing Form I-765
1. Determine Eligibility
Before applying, it’s essential to understand if you qualify for an EAD. Review the USCIS website or consult with an immigration attorney to confirm your eligibility.
2. Gather Required Documents
The application process requires specific documentation, which may include: - A completed Form I-765 - Copies of your immigration documents (such as your I-94, visa, or passport) - Proof of your identity - Proof of your eligibility category - The appropriate filing fee (if applicable) - Two passport-style photographs
3. Fill Out Form I-765
Download the form from the USCIS website or call the USCIS Forms Request Line. Fill out the form carefully, ensuring all information is accurate and complete. The form will ask for personal information, eligibility category, and details about your immigration status.
4. Submit the Application
Once your application is prepared, submit it to the appropriate USCIS address. This address can vary depending on your eligibility category, so it’s crucial to check the USCIS website for the correct mailing address.
5. Wait for Processing
After submitting your application, wait for it to be processed. This can take several months. You can check the status of your application online through the USCIS website by entering your receipt number.
6. Biometrics Appointment
For certain applicants, a biometrics appointment may be scheduled. This involves providing fingerprints and a photograph.
7. Receive Your EAD
If your application is approved, you will receive your EAD in the mail. Carefully review the card for any errors and ensure it reflects the correct information.
Frequently Asked Questions
How long does it take to process Form I-765?
+The processing time for Form I-765 can vary significantly depending on the workload of the USCIS service center handling the application. It's advisable to check the USCIS website for the most current processing times.
Can I apply for a Social Security number with my EAD?
+How long is an EAD valid?
+The validity period of an EAD can vary but is typically issued for one or two years, depending on the applicant's immigration status and the specific category under which they applied. It's essential to apply for renewal before the card expires to maintain your employment authorization.
Conclusion
Applying for an EAD through Form I-765 is a significant step for individuals seeking to work in the United States. Understanding the eligibility criteria, gathering the necessary documents, and carefully completing the application form are crucial steps in the process. Given the complexity of U.S. immigration law, consulting with an immigration attorney can provide valuable guidance and ensure the application process is handled correctly. Always check the official USCIS website for the most current information and updates on the application process and eligibility criteria.
