The I-765, also known as the Application for Employment Authorization, is a crucial document for individuals who wish to work in the United States but are not U.S. citizens. This application is filed with the U.S. Citizenship and Immigration Services (USCIS) and is used by various categories of non-citizens to obtain an Employment Authorization Document (EAD), which is also commonly referred to as a work permit.
Eligibility
Not all non-citizens are eligible to file Form I-765. Eligibility depends on the individual’s immigration status. Categories of individuals who may be eligible include, but are not limited to:
- Asylum applicants: Individuals who have applied for asylum and are waiting for a decision may apply for employment authorization 150 days after their asylum application has been received.
- Refugees: Refugees are eligible to work in the United States and are not required to apply for an EAD, but they may choose to obtain one for convenience.
- F-1 students: International students in F-1 status may apply for Optional Practical Training (OPT) or Curricular Practical Training (CPT), allowing them to work in the U.S. during or after their academic program.
- Dependents of certain foreign nationals: Dependents of L-1 intracompany transferees (L-2) or E-1/E-2 treaty traders/investors (E-2) may be eligible for employment authorization.
- Adjustment of Status applicants: Individuals applying for a Green Card (adjustment of status) may also file for employment authorization while their application is processed.
Filing the I-765
To apply for an Employment Authorization Document through Form I-765, applicants must follow these steps:
- Determine Eligibility: Verify that you are eligible for employment authorization based on your immigration status.
- Prepare the Application: Download and fill out Form I-765 from the USCIS website or prepare it online and submit it electronically. Pay the required filing fee and biometric services fee if applicable.
- Gather Evidence: Depending on your eligibility category, you will need to provide specific documentation, such as a copy of your I-94, visa, passport, and proof of your immigration status.
- Submit the Application: Mail the application to the appropriate USCIS address as listed in the form instructions or submit it electronically if available.
- Biometrics: In some cases, applicants may be required to undergo biometric processing, which includes fingerprinting and photographs.
Processing Time
The processing time for Form I-765 can vary significantly depending on the USCIS workload and the applicant’s eligibility category. In some cases, it may take several months to over a year to receive a decision. Applicants can check the status of their application on the USCIS website.
Conclusion
The I-765, or Application for Employment Authorization, is a critical document for non-citizens who wish to work in the United States. Understanding who is eligible, how to apply, and what to expect during the application process can help navigate the complexities of U.S. immigration law. Always consult the official USCIS website or an immigration attorney for the most current and detailed information regarding employment authorization.
What is the purpose of Form I-765?
+Form I-765, or the Application for Employment Authorization, is used by non-citizens to obtain an Employment Authorization Document (EAD), also known as a work permit, allowing them to work in the United States.
Who is eligible to file Form I-765?
+Eligibility to file Form I-765 depends on the individual's immigration status. Eligible categories include asylum applicants, refugees, certain international students, dependents of specific foreign nationals, and adjustment of status applicants, among others.
How long does it take to process Form I-765?
+The processing time for Form I-765 can vary significantly and may take several months to over a year, depending on the USCIS workload and the applicant's eligibility category.
By following the guidelines and understanding the I-765 process, individuals can navigate the employment authorization process more effectively, ensuring they comply with U.S. immigration regulations while pursuing their goals in the United States.
