If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
Asylum Applicants: Applicants for asylum must wait to apply for employment authorization until 150 days have passed since the date the asylum application was filed and no decision has been made on the asylum application. If 150 days have passed and no decision has been made on your application, you may file Form I-765 to request employment authorization. If you have received a recommended approval for a grant of asylum, you do not need to wait until 150 days have passed since your filing date and may apply for an employment authorization document immediately upon receipt of the recommended approval. If you are granted asylum, you are entitled to employment authorization incident to your status, and you will receive an employment authorization document from USCIS.
Foreign Students: The eligibility code for an F-1 student seeking optional practical training (OPT) has been changed.
The eligibility code (c)(3)(i) will no longer be used and has been replaced with the following three codes: (c)(3)(A) for pre-completion OPT, (c)(3)(B) for post-completion OPT, and (c)(3)(C) for a 17-month extension for an F-1 student who has received a degree in Science, Technology, Engineering, or Mathematics (STEM), that appears on the STEM designated Degree Program List published on the SEVP website available through the Related Links on this page.
If you are a STEM student requesting 17-month extension of your currently authorized optional practical training, you must also submit a copy of your degree reflecting the conferred degree as well as your major field of study. In addition, the employer with whom you are seeking the 17-month OPT extension must be registered in E-Verify. Accordingly, you must list the employer's E-Verify Company Identification Number or a valid E-Verify Client Company Identification Number in Item 17 of the Form I-765. Please refer to the section on Foreign Students in the form instructions.
The eligibility codes (c)(3)(ii) and (c)(3)(iii) are unchanged and remain in use.
Electronic Filing:
Please note that the option to file Form I-765 electronically for applicants filing under eligibility category (c)(3)(i) is currently disabled. Applicants filing under eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) may now file their application electronically. The option to electronically file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.
E-Notification:
If you are filing Form I-765 at one of the USCIS Lockbox facilities, and would like to receive an e-mail and/or text message that your Form I-765 has been accepted complete a Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.
Note on Filing Fee:
If you are in one of the categories noted below, no fee is required.
No fee is required if filing for an initial employment authorization document under one of these categories:
Refugee, asylee or paroled as a refugee;
N-8 or N-9 Nonimmigrant;
Citizen of Micronesia, Marshall Islands, or Palau;
Granted Withholding of Deportation or Removal;
Deferred Enforced Departure;
Dependent of certain foreign government or international organization personnel; or,
Applicant for asylum (applicant filing under special ABC procedures must pay the fee however).
No fee is required if filing for a renewal employment authorization document under any of these categories:
Citizen of Micronesia, Marshall Islands, or Palau;
Granted Withholding of Deportation or Removal;
Deferred Enforced Departure; or,
Dependent of certain foreign government or international organization personnel.
This page can be found at http://www.uscis.gov/i-765
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