I-765, Application for Employment Authorization

Alert: On Sept. 29, 2020, the U.S. District Court for the Northern District of California in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule.

While the rule is preliminarily enjoined, we will continue to:

• Accept USCIS forms with the current editions and current fees; and
• Use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator's Field Manual (AFM) Chapters 10.9 (PDF, 2.87 MB) and 10.10 (PDF, 2.87 MB).

ALERT: USCIS is taking steps to comply with the U.S. District Court for the District of Maryland’s Sept. 11 preliminary injunction in Casa de Maryland et al v. Chad Wolf.

This preliminary injunction provides limited injunctive relief to members of two organizations, CASA de Maryland (CASA) and the Asylum Seeker Advocacy Project (ASAP), in the application of the Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule and the Asylum Application, Interview, and Employment Authorization for Applicants Rule to Form I-589s and Form I-765s filed by asylum applicants who are also members of CASA or ASAP. 

For CASA and ASAP members, the court preliminarily enjoined enforcement of the following regulatory changes:

• Removal of the 30-day adjudicatory period for Form I-765, Application for Employment Authorization, based on an underlying asylum application;
• The requirement to submit biometric information and related fee as part of the filing of a Form I-765 based on an asylum application;
• The 365-day waiting period for Employment Authorization Document (EAD) eligibility based on an underlying asylum application;
• The bar on EAD eligibility for asylum applicants subject to the one-year filing bar for asylum, applicable to a Form I-765 based on an asylum application filed on or after Aug. 25, 2020;
• The discretionary review rule, providing that the agency has discretion as to whether to grant a Form I-765 based on an asylum application; and
• Removal of the rule deeming a Form I-589, Application for Asylum and for Withholding of Removal, complete if USCIS does not reject it within 30 days of receipt.

If you are a member of CASA or ASAP, you must submit proof of membership with each individual Form I-589 or Form I-765 based on an asylum application to benefit from limited injunctive relief under Casa de Maryland et al v. Chad Wolf. We will only accept a properly completed Form I-765 based on an asylum application without the biometric services fee if we receive evidence of membership with your filing. 

Proof of membership must be in the form of a copy of your membership card or a letter from either organization certifying your membership. If necessary, children under 21 may instead submit proof of their parent’s membership along with documentary evidence establishing the parent-child relationship, such as a copy of the child’s birth certificate. Please place the evidence of your, or your parent’s, membership immediately behind your Form I-765 or Form I-589. The government will use information related to membership to comply with the court order.

Members of CASA or ASAP who have already filed a Form I-765 on or after Aug. 21, 2020, or Form I-589 on or after Aug. 25, 2020, should contact CASA or ASAP directly to ensure USCIS is able to process their applications in accordance with this injunction.

NOTE: If you are not a member of CASA or ASAP, you must submit the biometric services fee when you file Form I-765.

ALERT: Applicants for Commonwealth of the Northern Mariana Islands (CNMI) Long-Term Resident Status: You must submit Form I-955 with your Form I-765. You may only apply for CNMI long-term resident status until Aug. 17, 2020.