Sample Form I765

The Form I-765, also known as the Application for Employment Authorization, is a crucial document for individuals seeking to work in the United States. This form is used by U.S. Citizenship and Immigration Services (USCIS) to determine eligibility for employment authorization. Understanding the components and requirements of the Form I-765 is essential for a successful application.

Introduction to Form I-765

Form I-765 is designed for foreign nationals who are temporarily in the United States and wish to obtain permission to work. This includes asylum applicants, refugee applicants, and various categories of nonimmigrants. The form must be filled out carefully, as any inaccuracies or missing information can lead to delays or even denial of the application.

Eligibility Categories

Not all individuals are eligible to file Form I-765. Eligibility categories include but are not limited to:

• Asylum Applicants: Those who have applied for asylum and are waiting for a decision, as well as their spouses and unmarried children under 21.
• Refugees: Individuals admitted to the U.S. as refugees.
• F-1 Students: International students in F-1 status who seek employment under specific circumstances, such as Optional Practical Training (OPT), Curricular Practical Training (CPT), or severe economic hardship.
• Dependents of Certain Foreign Nationals: Spouses of L-1 visa holders (L-2) or E-1/E-2 visa holders (E nonimmigrants), among others.
• Temporary Protected Status (TPS) Beneficiaries: Nationals of countries designated for TPS who meet specific requirements.

Completing Form I-765

The application process for Form I-765 involves several steps:

1. Download or Request the Form: Obtain the most recent version of Form I-765 from the USCIS website or by calling the USCIS National Customer Service Center.

2. Fill Out the Form: Complete the form as instructed, providing all required information. This includes personal details, immigration status, eligibility category, and other relevant data.

3. Gather Required Evidence: Depending on the eligibility category, applicants may need to submit various documents, such as a copy of their I-94 arrival/departure record, passport, and proof of their immigration status.

4. Submit the Application: Mail the completed form, supporting documents, and the appropriate filing fee to the designated USCIS address listed in the form instructions.

5. Biometric Services: Some applicants may be required to appear for biometric services at a USCIS Application Support Center.

Documents to Submit with Form I-765

The specific documents required can vary based on the applicant’s eligibility category. Common documents include:

• Copy of I-94: Arrival/Departure Record.
• Valid Passport: Include a copy of the biographic page and the visa page (if applicable).
• Proof of Immigration Status: This could be a copy of an approval notice, a previous EAD card, or other documentation that verifies the applicant’s status.
• Two Passport-Style Photos: For identification purposes.

Processing and Approval

After submitting Form I-765, applicants can track the status of their application online or by contacting the USCIS National Customer Service Center. Processing times vary, but most applicants receive a decision or an update on their application within several months. Upon approval, USCIS issues an Employment Authorization Document (EAD), also known as a work permit, which is usually valid for one to two years and may be renewed if eligibility continues.

Conclusion

The Form I-765 is a critical document for foreign nationals seeking employment authorization in the United States. Understanding the eligibility criteria, required documentation, and application process is crucial for a successful application. Given the complexity of U.S. immigration law, applicants may find it beneficial to consult with an immigration attorney to ensure their application is thorough and compliant with all requirements.

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