I-765, Application for Employment Authorization
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.
10/31/22. 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.
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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.
Filers wishing to renew an existing employment authorization card (EAD), should file Form I-765 within 6 months of the expiration date on their current EAD. We recommend you do not file a request to renew your EAD more than 180 days before the expiration of your EAD. We generally do not backdate or postdate the renewal EAD in relation to your current EAD’s validity period.
Please refer to the Form I-765 instructions for information on other specific categories.
To renew your Employment Authorization Document, file Form I-765 at least 90 days prior to the expiration.
|Filing Category||When to File|
|(a)(20)||You may file Form I-765 at the same time as Form 918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, or you may file Form I-765 later.|
|(c)(3)(A)||File Form I-765 up to 90 days before being enrolled for one full academic year, provided that the period of employment will not start before you have completed one full academic year.|
|(c)(3)(B)||File Form I-765 up to 90 days before, but no later than 60 days after, your program end date. You must file your Form I-765 within 30 days of the date that your DSO enters the recommendation for OPT into your SEVIS record.|
|(c)(3)(C)||File Form I-765 up to 90 days before the expiration of your current OPT, if you are requesting a 24-month STEM extension.|
|(c)(6)||File Form I-765 with a copy of the Form I-20 endorsed by the DSO certifying eligibility for employment together with Form I-539, Application to Change/Extend Nonimmigrant Status, if applicable, completed according to the Form I-539 Instructions. We must receive the completed forms before, but not more than 90 days before, your program end date.|
You must wait 150 days before you can apply for an EAD, and an additional 30 days before we can issue you an EAD, for a total of 180 days starting from when you filed or lodged your I-589 asylum application. The number of days a completed asylum application is considered pending does not include any delays requested or caused by you while your application is pending with the USCIS asylum office or with an EOIR IJ. (See 8 CFR 208.7) This period during which your asylum application is pending before we may grant you an EAD is called the “180-day asylum EAD clock.” We may reject your Form I-765 if you file it before the 150-day waiting period has elapsed. Further details can be found in the Form I-765 Instructions.
If you have received a Recommended Approval notice from the USCIS asylum office recommending a grant of asylum, you do not need to wait 150 days and may apply for an EAD immediately upon receipt of this notice. Provide a copy of your notice as evidence of your recommended approval with your Form I-765.
|(c)(9)||File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your I-485 receipt notice or other evidence to show that your Form I-485 is pending.|
|(c)(10)||If you are eligible to apply for NACARA 203 relief with USCIS, you may file Form I-765 together with your Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA)).|
|(c)(11)||File Form I-765 with sufficient evidence to show that your parole status is current and has not expired or is about to expire.|
|(c)(26)||You may file Form I-765 at the same time as your Form I-539 and your H1-B spouse’s Form I-129, Petition for a Nonimmigrant Worker.|
|(c)(36)||You may file your Form I-765 with your spouse’s or parent’s application under (c)(35).|
|(c)(37)||You must file Form I-765 together with your Form I-955, Application for CNMI Long-Term Resident Status.|
You may be exempt from paying the filing fee. See the form instructions for more information.
You must also pay an $85 biometric services fee if you are filing with 1 of the following eligibility categories:
- (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. This category is not eligible for a fee waiver.
For (c)(33) filers: There is no fee waiver. There are fee exemptions available only in limited circumstances. Please see DACA Filing Tips page concerning fee submissions for DACA-related Form I-765 and Form I-821D.
For (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.
Through Sept. 30, 2023, there is no fee to file Form I-765 for Afghan nationals applying for work authorization on the basis of parole (eligibility category (c)(11)). This includes your application for an initial EAD and for a replacement EAD.
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 can pay the fee with a money order, personal check, cashier’s check, or 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.
Pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.
View the checklist of required initial evidence.
Filing Tips: Review our Tips for Filing Forms by Mail page for information on how to ensure we will accept your form.
Don’t forget to sign your form. We will reject any unsigned form.
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 submit:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
- Form I-765, Application for Employment Authorization;
- Form I-765 Worksheet; and
- The correct fees.
Note: If you are a current DACA recipient and only need to replace a valid employment authorization document (EAD) because yours was lost, stolen, or damaged, file Form I-765, Application for Employment Authorization, and select box 1.b. Submit the properly completed Form I-765, evidence that you are a current DACA recipient (such as your most recent DACA approval notice), and the filing fee to the filing address for the location where you live. Do not file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with this Form I-765; if you submit Form I-821D when you are filing to replace a lost, stolen, or damaged EAD, we will deny your Form I-821D and we will not refund the $85 filing fee for Form I-821D.
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: If you want to receive an e-mail and/or text message that we have accepted your form at a USCIS lockbox, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your form..
- Card Delivery Tracking
- Apply for your Social Security Number While Applying for Your Work Permit (PDF, 400.77 KB)
- Filing Form I-765 with Other Forms
- Employment Authorization in Compelling Circumstances
- Automatic Employment Authorization Document (EAD) Extension
- Lockbox Filing Tips
- Direct Filing Addresses for Form I-765, Application for Employment Authorization
- Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse
- Important Information about Working Legally in the United States (PDF, 92.88 KB)