The Work Authorization Form, also known as Form I-765, is a crucial document for individuals who seek to work in the United States. The U.S. Citizenship and Immigration Services (USCIS) requires this form to be completed and submitted by applicants who are eligible for employment authorization. In this article, we will delve into the details of the Work Authorization Form, its requirements, and the process of obtaining work authorization in the United States.
Introduction to Form I-765
Form I-765, Application for Employment Authorization, is used by USCIS to determine whether an individual is eligible to work in the United States. The form is typically filed by individuals who are not U.S. citizens or lawful permanent residents but are eligible for employment authorization due to their immigration status. Examples of individuals who may need to file Form I-765 include:
- Asylum applicants
- Refugees
- F-1 students seeking optional practical training (OPT)
- J-1 exchange visitors seeking academic training
- Dependents of certain visa holders (e.g., L-2, E-2)
- Individuals with Temporary Protected Status (TPS)
Eligibility Requirements
To be eligible for employment authorization, applicants must meet specific requirements, which vary depending on their immigration status. Some common eligibility requirements include:
- Being in a valid nonimmigrant status
- Having a pending asylum application
- Being a refugee or asylum applicant
- Having a valid visa that allows employment (e.g., H-1B, L-1)
- Being a dependent of a visa holder who is eligible for employment authorization
Filling Out Form I-765
When filling out Form I-765, applicants must provide accurate and complete information. The form requires personal and biographical information, as well as details about the applicant’s immigration status and employment eligibility. Some key sections of the form include:
- Part 1: Information About You: This section requires the applicant’s personal and biographical information, including their name, date of birth, and contact information.
- Part 2: Application Type: This section requires the applicant to select the type of employment authorization they are applying for (e.g., OPT, academic training).
- Part 3: Eligibility Category: This section requires the applicant to provide information about their immigration status and eligibility for employment authorization.
- Part 4: Documents: This section requires the applicant to list the documents they are submitting with their application, including their passport, visa, and I-94 form.
Supporting Documents
When submitting Form I-765, applicants must also provide supporting documents to establish their eligibility for employment authorization. The required documents vary depending on the applicant’s immigration status and eligibility category. Some common supporting documents include:
- Passport: A valid passport is required for all applicants.
- Visa: A copy of the applicant’s visa (if applicable) must be submitted.
- I-94 Form: A copy of the applicant’s I-94 form (if applicable) must be submitted.
- Proof of immigration status: Applicants must provide proof of their immigration status, such as a copy of their asylum application or refugee approval notice.
Filing and Processing
Form I-765 can be filed online or by mail. Applicants who file online will receive a receipt notice and can track the status of their application online. Applicants who file by mail will receive a receipt notice by mail. Once the application is received, USCIS will review it and either approve or deny the application.
Approval and Denial
If the application is approved, USCIS will issue an Employment Authorization Document (EAD), which is a card that authorizes the applicant to work in the United States. The EAD will include the applicant’s name, date of birth, and employment authorization expiration date. If the application is denied, USCIS will provide a written explanation of the reasons for the denial.
FAQs
What is the filing fee for Form I-765?
+The filing fee for Form I-765 is currently $410. However, some applicants may be eligible for a fee waiver or reduction.
How long does it take to process Form I-765?
+The processing time for Form I-765 varies depending on the workload of the USCIS service center and the complexity of the application. However, most applications are processed within 90-120 days.
Can I work while my Form I-765 is being processed?
+No, you cannot work while your Form I-765 is being processed. You must wait until your application is approved and you receive your EAD before starting work.
Conclusion
In conclusion, the Work Authorization Form (Form I-765) is a critical document for individuals seeking employment authorization in the United States. By understanding the eligibility requirements, filling out the form accurately, and providing supporting documents, applicants can increase their chances of approval. It is essential to note that the processing time and fees associated with Form I-765 may vary, and applicants should plan accordingly. If you are seeking employment authorization, it is crucial to consult with an immigration attorney or expert to ensure you follow the correct procedures and comply with all applicable laws and regulations.
