The Form I-765, also known as the 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 application is used by U.S. Citizenship and Immigration Services (USCIS) to determine whether an individual is eligible to receive an Employment Authorization Document (EAD), which is also commonly referred to as a work permit.
Overview of the I-765 Form
The I-765 form is designed to collect information about the applicant’s eligibility for employment authorization. The form requests a variety of information, including the applicant’s name, address, date of birth, country of citizenship, and their eligibility category for employment authorization. The eligibility categories are diverse and include individuals who are applying for or have been granted asylum, refugees, individuals with pending applications for adjustment of status, and certain nonimmigrant visa holders, among others.
Filling Out the I-765 Form
Filling out the I-765 form requires careful attention to detail. Applicants must ensure that all sections of the form are completed accurately and truthfully. The form typically includes sections for personal information, eligibility for employment authorization, and information about any previous employment authorization documents. Applicants may also be required to attach supporting documentation, such as a copy of their visa, a receipt notice for their asylum application, or other relevant documents.
Supporting Documents for the I-765 Application
The supporting documents required with the I-765 application can vary depending on the applicant’s eligibility category. Generally, applicants need to provide:
- Proof of Identity: A valid passport, national ID card, or other government-issued identification.
- Proof of Eligibility: Documents that establish the applicant’s eligibility for employment authorization, such as an I-94 Arrival/Departure Record, a copy of the applicant’s visa, or an approval notice for a previous EAD application.
- Proof of Filing or Approval: For applicants based on a pending application for adjustment of status, a copy of the Form I-797C, Notice of Action, showing that the application was received by USCIS.
- Two Passport-Style Photographs: These are required for USICS records.
Filing the I-765 Application
The completed Form I-765, along with all required supporting documents and the appropriate filing fee, should be mailed to the USCIS address indicated in the form’s instructions. The USCIS website provides the most current mailing addresses and filing fees. Applicants are advised to make a copy of their application and supporting documents before submitting them, as these documents will not be returned.
Processing Time for I-765 Applications
The processing time for I-765 applications can vary significantly depending on the workload of the USCIS service center handling the application and the complexity of the case. Generally, applicants can expect to wait several months before receiving a decision on their application. USCIS offers premium processing for certain types of applications, but this service is not available for all employment authorization applications.
Renewing an EAD
For individuals whose employment authorization is about to expire, it is crucial to apply for a renewal of their EAD. The renewal application (also using Form I-765) should be filed with USCIS before the current EAD expires. Applicants can file for renewal up to 180 days before their current EAD expires, but it is recommended to apply as early as possible to avoid any gaps in employment authorization.
Conclusion
The Form I-765 is an essential application for individuals seeking employment authorization in the United States who are not citizens. Ensuring that the application is completed accurately and submitted with the correct documentation is vital for a successful outcome. Applicants should remain informed about eligibility criteria, application procedures, and the most current processing times to navigate the employment authorization process effectively.
