Filing Form I-765 with Other Forms

You can file Form I-765, Application for Employment Authorization with other forms at the same time. This is called concurrent filing. In other instances, you may need to wait to file Form I-765 at a later time. For example, you would need to wait 150 days after filing for asylum if your asylum application remains pending.  Always thoroughly read the instructions related to the benefit for which you are applying to determine whether you may need to wait before you can file for an Employment Authorization Document (EAD).

If you are filing Form I-765 with another form, file both forms (with all the required filing fees and supporting documents) at the location specified by the other form (see below).  For example, if you are filing Form I-765 together with Form I-539, Application to Extend/Change Nonimmigrant Status, file both forms according to the Form I-539 instructions.

Who May File Form I-765 With Other Forms

You cannot concurrently file Form I-765 with all USCIS forms. Please consult each form’s instructions to determine if you can file a Form I-765 with that form. We will update this page whenever we change the forms with which you may also file Form I-765. 

Form I-765 Eligibility Categories

Category Description

I-765 may be concurrently filed with an underlying benefit request (application/petition)?

What is the petition/application with which an I-765 may be concurrently filed ?

(a)(3)

Admitted as a refugee

 No

 

(a)(4)

Paroled as a refugee

 No

 

(a)(5)

Granted asylum under Section 208

 No

 

(a)(6)

K-1/K-2 nonimmigrant fiancé(e) of a U.S. citizen, or their dependent

No 

 

(a)(7)

N-8 or N-9 nonimmigrant

 No

 

(a)(8)

Micronesia/Marshall Islands or Palau

 No

 

(a)(9)

Nonimmigrant spouse of a U.S. citizen, or their dependent (K-3 or K-4 visa)

Yes

I-539

(a)(10)

Granted withholding of deportation or removal

 No

 

(a)(11)

Granted Deferred Enforced Departure

 No

 

(a)(12)*

TPS granted

Yes

I-821

(a)(13)

Granted voluntary departure under the Family Unity Program

 No

 

(a)(14)

Life Family Unity applicant

No 

 

(a)(15)

V-1, V-2, V-3 nonimmigrant

Yes

I-539/I-539 Supp.A

(a)(16)

T-1 nonimmigrant

No

 

(a)(17)

Spouse of E-1/2/3 (Treaty trader/investor/Australian specialty worker)

Yes

I-129/I-539 or I-539

(a)(18)

Spouse of L-1 (Intracompany transferee)

Yes

I-129/I-539 or I-539

(a)(19)

U-1 nonimmigrant

No

 

(a)(20)

U-2, U-3, U-4, U-5 nonimmigrant

Yes

I-918/I-918A

(c)(1)

A-1/A-2 dependent

 No

 

(c)(2)

Spouse/Unmarried child of TECRO (Taipei Economic and Cultural Representative Office)(E-1)

No 

 

(c)(3)(ii)

F-1 International org.

 No

 

(c)(3)(iii)

F-1 Severe economic necessity

 No

 

(c)(3)(A)

F-1 Pre-completion Optional Practical Training

 No

 

(c)(3)(B)

F-1 Post Optional Practical Training

 No

 

(c)(3)( C)

F-1 STEM students

 No

 

(c)(4)

G-1/G-4 dependent

 No

 

(c)(5)

(J-2) Spouse/child of J-1 Exchange Visitor

 No

 

(c)(6)

M-1 Post Optional Practical Training for vocational students

Yes

I-539

(c)(7)

NATO dependent

No 

 

(c)(8)

Pending asylum applicant

 No

 

(c)(9)

Pending adjustment applicants

Yes

I-485

(c)(9)(P)

Pending adjustment applicants requesting a combo card

Yes

I-485/w//I-131

(c)(10)

Suspension of Deportation or Special Rule Cancellation of Removal under NACARA 203

Yes

I-881

(c)(11)

Paroled in the Public Interest

 No

 

(c)(12)

Spouse of an E-2 CNMI Investor

 No

 

(c)(14)

Deferred Action Granted

Yes


I-918/I-918A/I-360

(c)(16)

Sec. 249 Registry Applicant

Yes

I-485

(c)(17)(i)

B-1 Domestic Servant of Nonimmigrant Employer

Yes

I-539

(c)(17)(ii)

B-1 Domestic Servant of USC

Yes

I-539

(c)(17)(iii)

B-1 Foreign Airline Employee

 No

 

(c)(18)

Final Order of Deportation/Order of Supervision

 No

 

(c)(19)*

TPS Pending

Yes

I-821

(c)(21)

S Nonimmigrant

 No

 

(c)(25)

T-2, T-3, T-4, T-5, T-6 Nonimmigrant

Yes

I-914/I-914A

(c)(26)

H-4 Spouse of an H-1B nonimmigrant

Yes

I-129/I-539 or I-539

(c)(31)

VAWA Self-Petitioner with approved Form I-360

/N/A

I-360
 

(c)(33)

Deferred Action for Childhood Arrivals (DACA) Recipient

Yes

I-821D w/ I-765W

(c)(35)

Principal Applicant - Compelling Circumstances

 Yes

 I-765 for dependent spouse or child (c)(36)

(c)(36)

Dependent applicant of a (c)(35)

 Yes

I-765 for principal applicant (c)(35) 

* Please note that for certain benefits, such as Temporary Protected Status (TPS), you must file Form I-765, without fees, together with the underlying benefit form even if you are not currently requesting an EAD.   Please see our TPS page for specific information.

 

 

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ADDITIONAL INFORMATION