I-765, Application for Employment Authorization

Alert: Attention EAD Applicants with Pending Asylum Applications [(c)(8) category]: USCIS Stopped Applying June 2020 Rules Pursuant to Court Order in Asylumworks v. Mayorkas.

On February 7, 2022, USCIS stopped applying the June 22, 2020, final rule, Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, and the June 26, 2020, final rule, Asylum Application, Interview, and Employment Authorization for Applicants, to asylum applicants. On Feb. 7, 2022, in Asylumworks et al. v. Mayorkas et al., the U.S. District Court for the District of Columbia vacated these rules.

Instead, USCIS is applying the provisions in place before the above rules took effect in August of 2020. (See 8 CFR §§ 208 and 274a.) This applies to adjudications of Form I-765, Application for Employment Authorization, and Form I-589, Application for Asylum and for Withholding of Removal, pending with USCIS as of Feb. 8, 2022, or received on or after that date.

As a result of the Asylumworks order, applicants filing for employment authorization in the (c)(8) category should not submit the $85 biometric services fee with their Form I-765. USCIS no longer requires the biometric services fee and submitting it may cause us to reject your application for overpayment.

For more information on how the order affects (c)(8) EAD applicants, the application process, and USCIS processes, please see the Asylumworks webpage.

Alert: To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Forms I-765 from Forms I-131 filed at the same time.

To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Forms I-765 from Forms I-131 filed at the same time. Effective Feb. 1, 2022, when possible, we will adjudicate an applicant's Form I-765 first. If we approve it, we will issue an Employment Authorization Document without any notation about advanced parole. We will adjudicate the Form I-131 separately and if we approve it, we will issue an advance parole document.

Alert: As of April 1, 2022, we will no longer accept a single, combined fee payment for the filing of Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, together with a Form I-129, Petition for a Nonimmigrant Worker.

As of April 1, 2022, we will no longer accept a single, combined fee payment for the filing of Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, together with a Form I-129, Petition for a Nonimmigrant Worker.

Separate payments are required for each of these forms. If the payments for these forms are combined, we will reject the entire package.

We are transitioning to electronically processing immigration benefit requests. As we complete this transition, we will be using multiple systems to receive and process various types of immigration benefit requests. Because the Form I-129 and related applications are not all processed in the same system, we require a separate payment instrument for each of these forms.

We acknowledge that using multiple checks or payments for the Form I-129 and related applications is more burdensome than using one payment. We are always analyzing our forms, practices, and policies to streamline filing and reduce, minimize, and control burdens to submit requests. However, we believe that the advantages of electronic processing to both the agency and to the public outweigh the minor inconvenience of submitting individual fee payments.

Alert Afghan Parolee: If you are an Afghan national paroled into the United States and you are applying for employment authorization, you will need a Social Security number (SSN) to work in the United States.

If you are an Afghan national paroled into the United States and you are applying for employment authorization, you will need a Social Security number (SSN) to work in the United States. Your SSN allows employers to report your earnings to the U.S. government.

We encourage you to apply for an SSN (or replacement SSN card) using Form I-765, Application for Employment Authorization, and following the form instructions. If you do not request an SSN in Part 2 (Items 14-17.b) of your Form I-765, you must make an appointment to visit a Social Security Administration office in person to apply for your SSN after you receive your Employment Authorization Document (Form I-766). For more information, see Apply for Your Social Security Number While Applying for Your Work Permit (PDF, 400.77 KB).

Alert: We mistakenly rejected bona-fide-determination-related Forms I-765, Application for Employment Authorization, submitted without a fee or fee waiver from June 14 through Sept. 29, 2021. We may have accepted other Forms I-765 with an unnecessary fee.

We mistakenly rejected bona-fide-determination-related Forms I-765, Application for Employment Authorization, submitted without a fee or fee waiver from June 14 through Sept. 29, 2021. We may have accepted other Forms I-765 with an unnecessary fee.

On June 14, we implemented a bona fide determination process for certain U nonimmigrant status principal petitioners and qualifying family members living in the U.S. to receive employment authorization and deferred action. Under this policy, there is no fee associated with the initial bona-fide-determination-related Form I-765 filed under 8 CFR 274a.12(c)(14).

We are working to identify applicants whose fee we accepted in error, and we expect to issue refunds by March 22, 2022. If you believe we accepted your fee in error and you do not receive a refund by March 22, 2022, you may contact USCIS using the following email addresses:

Vermont Service Center: hotlinefollowupi918i914.vsc@uscis.dhs.gov
Nebraska Service Center: nsc765c14inquiries@uscis.dhs.gov

We will issue refunds at our discretion.

If we rejected your Form I-765 filed under the (c)(14) eligibility category between June 14 through Sept. 29, 2021 and you did not refile:

Please resubmit your Form I-765 along with your:

Rejection notice; and
Notice informing you of the bona fide determination decision for your case.

If you need to file a Form I-765 to receive a bona fide determination Employment Authorization Document:

We will notify you if you must file a Form I-765 when we determine your pending Form I-918, Petition for U Nonimmigrant Status, is bona fide. You (and your family members) also may file your Form I-765 when we are reviewing petitions from the fiscal year when you filed your Form I-918. We will post which fiscal year we are reviewing for bona fide determinations on our Form I-918 page. You should only file Form I-765 after you have received notification from us, or when this page indicates we are reviewing petitions for the fiscal year of your receipt date. This will make the Form I-765 and U visa bona fide determination process more efficient.

For more information on the bona fide determination process, please visit the USCIS Policy Manual.

Alert: The settlement agreement in Vangala v. U.S. Citizenship and Immigration Services, 4:20-cv-08143 (N.D. Cal.), provides that any filing fees, including those for accompanying requests (such as Form I-765), will be the fee that would have been required at the time of the Original Receipt Date, the date on which USCIS received a benefit request that was then rejected pursuant to the No Blank Space Rejection Policy.

The settlement agreement in Vangala v. U.S. Citizenship and Immigration Services, 4:20-cv-08143 (N.D. Cal.), provides that any filing fees, including those for accompanying requests (such as Form I-765), will be the fee that would have been required at the time of the Original Receipt Date, the date on which USCIS received a benefit request that was then rejected pursuant to the No Blank Space Rejection Policy.

If you wish to submit a Form I-765 associated with a filing in which the receipt date is backdated in accordance with Vangala, you must submit the current version of Form I-765. Eligibility requirements as of the date of your backdated Form I-589 receipt notice will apply to your request and you must also include a copy of your new backdated Form I-589 receipt notice reflecting the earlier date.

Mail your completed Form I-765 and supporting documents, including a copy of your backdated Form I-589 receipt notice (or, if you are a dependent included on your parent or spouse’s Form I-589, a copy of the backdated Form I-589 receipt notice sent to the principal asylum applicant), to the applicable filing address in the “Where to File” section below. Each Form I-765 must contain its own copy of the backdated Form I-589 receipt notice.

Alert: We are implementing the U.S. District Court for the District of Maryland’s Sept. 11 preliminary injunction in Casa de Maryland Inc. et. al. v. Chad Wolf et. al.

We are implementing the U.S. District Court for the District of Maryland’s Sept. 11 preliminary injunction in Casa de Maryland Inc. et. al. v. Chad Wolf et. al.

This preliminary injunction provides limited injunctive relief to members of two organizations, CASA de Maryland (CASA) and the Asylum Seeker Advocacy Project (ASAP), in applying 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.

Please see the "Update: Preliminary Injunction Impacting CASA and ASAP Members" section below.

Certain noncitizens who are in the United States may file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply for an EAD that shows such authorization.

File Online

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The U.S. District Court for the District of Maryland’s Sept. 11, 2020, preliminary injunction in Casa de Maryland Inc. et al. v. Chad Wolf et al., 8:20-cv-02118-PX (D. Md. Sept. 11, 2020), provides limited injunctive relief to members of two organizations, CASA de Maryland (CASA) and the Asylum Seeker Advocacy Project (ASAP), who file Form I-589 or Form I-765 as asylum applicants. Specifically, the court preliminarily enjoined enforcement of the following regulatory changes in 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 for CASA and ASAP members:

Removal of the 30-day adjudicatory period for Form I-765 based on an underlying asylum application;
The requirement to submit biometric information 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 should file your Form I-765 without the biometric services fee under the preliminary injunction order issued in Casa de Maryland v. Wolf. To file your Form I-765 without the biometric services fee, you must include documentary evidence of your membership in CASA or ASAP in the form of:

a copy of your membership card, indicating your name and member ID number, if any; or
a letter from either organization certifying your membership.

If you are filing your Form I-765 through the U.S. Postal Service, you must mail to USCIS, PO Box 650888, Dallas, TX 75265-0888. If you are filing your Form I-765 using FedEx, UPS, or DHL, find the appropriate address on our Direct Filing Addresses for Form I-765, Application for Employment Authorization webpage, under “Asylees/refugees and their spouses and children,” category (c)(8). If you are using Fedex, UPS, or DHL, you must include “Attn: I-765 C08 (650888)” above the street address.

Applying Based on a Parent’s Membership in CASA or ASAP

If your parent is a member of CASA or ASAP, you are under the age of 21, and you are seeking injunctive relief under Casa de Maryland v. Wolf based on your parent’s membership in CASA or ASAP, you must submit with your Form-I-765:

Proof of your parent’s membership (a copy of your parent’s CASA or ASAP membership card or a letter from either organization certifying your parent’s membership); and
Documentary evidence establishing a parent-child relationship, usually a copy of your birth certificate. The birth certificate must be issued by an appropriate civil authority showing timely registration, date and place of birth, and parents’ names. It must contain the seal of the issuing office, including the date of registration and signature of the registrar. If your birth certificate is unavailable or nonexistent, you must submit either:
1. secondary evidence that names both you and your parent who is a member of CASA or ASAP (examples of secondary evidence include medical records, school records, or social service or government agency records); or
2. an affidavit from at least one person, such as a relative or other individual, documenting the parent-child relationship.

If you submit an affidavit from a relative or other individual, the affidavit must fully describe the circumstances or event (such as a birth) in question and fully explain how the person knows about the event. The person swearing to or affirming the affidavit must have been alive at the time of the event and have personal knowledge of the event you are trying to prove (date and place of birth). Affidavits must also show the full name, address, and date and place of birth of the person giving the affidavit and indicate any relationship between you and the person giving the affidavit. Persons providing affidavits do not have to be U.S. citizens or lawful permanent residents. The person providing the affidavit must sign and date it.

If you submit secondary evidence or affidavits, you must explain why your birth certificate is unavailable. Attach this explanation to your secondary evidence or affidavits.

Please place your copy of your parent’s CASA or ASAP membership card or letter and your evidence of parent-child relationship immediately behind your Form I-765. If you do not submit both evidence of your parent’s CASA or ASAP membership and evidence of a parent-child relationship, you will not be eligible for injunctive relief under Casa de Maryland v. Wolf based on your parent’s membership.

Processing your Application

If you submit a properly completed Form I-765 with evidence of CASA or ASAP membership, we will accept your application without the biometric services fee. Further, we will not require you to attend a biometric services appointment in conjunction with your Form I-765 application. However, we will still require you to attend a biometric services appointment in conjunction with your Form I-589, Application for Asylum and for Withholding of Removal, if you have not already had a biometrics appointment with USCIS. Finally, we will adjudicate your Form I-765 application in accordance with the preliminary injunction order issued in Casa de Maryland v. Wolf.

NOTE: If you are not a member of CASA or ASAP and you are not an applicant under the age of 21 filing with a copy of your parent’s CASA or ASAP membership card or letter, you must include the biometric services fee or a fee waiver request as required in the form instructions when you file Form I-765.

What This Form Can Help You Do

Applying for an Employment Authorization Document

Form Details

Form I-765 (PDF, 461.19 KB)

Instructions for Form I-765 (PDF, 810.34 KB)

I-765 Worksheet (PDF, 242.84 KB)

05/31/22. We will publish a new edition of this form soon. In the meantime, you may continue using the 05/31/22 and 08/25/20 editions despite the expiration date. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

The filing address depends on your reason for applying and the eligibility category you entered in Question 27. Please check the filing locations for Form I-765  for a list of addresses. If you are a replacing a card that has incorrect information, please see the Special Instructions provided below. If you file at a lockbox, read our filing tips.

Don’t forget to sign your form. We will reject and return any unsigned form.

$410.

You may be exempt from paying the filing fee. See the form instructions for more information.

You must pay an $85 biometric services fee if you are filing with one of the following eligibility categories:

(c)(33) Requesting consideration of Deferred Action for Childhood Arrivals (DACA);
(c)(35) A beneficiary of an approved employment-based immigrant petition and you are facing compelling circumstances;
(c)(36) A spouse or unmarried dependent child of a beneficiary of an employment-based immigrant petition who is facing compelling circumstances; or
(c)(37) An applicant for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status.

(c)(33) and (c)(37) filers: There is no fee waiver for your Form I-765 base fee ($410) or biometric fee ($85).

There is no biometric services fee for any other eligibility category.

There is no filing fee or biometric services fee for the initial Form I-765 filed by current or former service members who were paroled into the United States under the Immigrant Military Members and Veterans Initiative (IMMVI). Please write "IMMVI" at the top of Form I-765 to obtain the fee exemption and submit documentation that supports current or former military service such as the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official service or discharge document.

You may pay the fee with a money order, personal check, or cashier’s check.  When filing at a USCIS lockbox, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for a government service. Filing and biometric services fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. Use our Fee Calculator to help determine your fee.

View the checklist of required initial evidence.

Replacing a Card That Has Incorrect Information

If the card we issued to you contains incorrect information that is not due to our error, you must use the filing locations for Form I-765 associated with your eligibility category to submit your form and filing fee..
If the card we issued to you contains incorrect information that is due to our error, you do not need to file a new Form I-765 and filing fee. Instead, you must submit a letter explaining the error and evidence to show what the correct information should be, along with the card containing the error, to the service center or National Benefits Center that approved your most recent Form I-765. Your approval notice will indicate which location approved your application. Please check the filing locations for Form I-765 under the heading “Replacement for Card Error” for a list of addresses.

Liberian Refugee Immigration Fairness (LRIF) Applicants: If you are filing Form I-765 as an adjustment of status applicant based on LRIF, you should write “(c)(9)” as your eligibility category in Part 2, Item Number 27 on your Form I-765. See our LRIF page for more information on adjustment of status based on LRIF.

Deferred Action for Childhood Arrivals requestors: To be considered for DACA, you must file:

Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
Form I-765, Application for Employment Authorization;
Form I-765 Worksheet; and
The correct fee.

U Petitioners: If you are a principal U nonimmigrant petitioner, you are authorized to work based on your status. After we approve the underlying petition for U nonimmigrant status, we will issue you an Employment Authorization Document (EAD). This means you will not need to file Form I-765.

If you are a derivative family member residing inside the United States, you are also authorized to work based on your status. After we approve the underlying petition for derivative U nonimmigrant status, we will not issue you an EAD. This means you will need to file Form I-765.

We can only issue EADs for principals and derivatives after we approve the underlying U nonimmigrant status petition, regardless of when you file Form I-765.

If you live in the U.S., you may receive employment authorization and deferred action if you have a pending bona fide petition and meet certain discretionary standards. We will issue a notice if you need to file a Form I-765 for employment authorization associated with a bona fide determination.

If the statutory cap is reached in a fiscal year and we use the waiting list process described at 8 CFR 214.14(d)(2), petitioners for U nonimmigrant status and derivatives in the United States can apply for employment authorization using Form I-765 based on deferred action. We can only approve an application for employment authorization based on deferred action after DHS has deferred action in your case, regardless of when you file Form I-765.

Asylum Applicants: Please refer to our Asylum page for more information, including information about the effect of applicant-caused delays on your Form I-765 adjudication.

E-Notification: To receive a text message and/or email when we accept your Form I-765, complete Form G-1145, E-Notification of Application/Petition Acceptance, and attach it to the front of the first application in the package.

DACA

Consideration of Deferred Action for Childhood Arrivals Fee Exemption Guidance

Asylum

Rosario Class Action

Optional Checklists

Last Reviewed/Updated:

08/03/2022