I-765, Application for Employment Authorization

Purpose of Form

Certain foreign nationals, who are eligible to work in the United States, use Form I-765 to request an employment authorization document (EAD).

Number of Pages

Form 2; Instructions 18.

Edition Date

01/17/17. No previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.

Where to File

The filing address depends on the eligibility category you entered in Question 16. Please check the filing locations for Form I-765 for a list of mailing addresses.

Filing Tips for Form I- I-765, Application for Employment Authorization

Complete all sections of the form. The form will be rejected if these fields are missing:

  • Number 1 – Full Name
  • Number 3 – U.S. Mailing Address
  • Number 6 – Date of Birth
  • Number 16 – Eligibility Category

Sign the form at Applicant’s Signature. The fillable version of Form I-765 now includes a “Don’t forget to sign!” message and an arrow pointing to the signature box as a reminder for when you print the completed form for mailing. If there is no signature, USCIS will reject the form and return it for correction and re-filing.

Filing Fee

The filing fee for Form I-765 is $410, effective 12 a.m. Eastern U.S. time, December 23, 2016. You must also pay an $85 biometric services fee, for a total of $495, if you are: 

  • Requesting consideration of Deferred Action for Childhood Arrivals (DACA);
  • A beneficiary of an approved employment-based immigrant petition and you are facing compelling circumstances; or
  • A spouse or unmarried dependent child of a beneficiary of an employment-based immigrant petition who is facing compelling circumstances.

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

Some individuals may be exempt from paying fees. See the form instructions for more information.

Special Instructions

If you are filing your application at a USCIS Lockbox facility:

Note: 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.

If you do not submit all of the above, we will reject your request and return it to you. The 90-day period for reviewing Form I-765 filed together with Form I-821D begins if and when USCIS decides whether to defer action in your case.

Note to U Petitioners: Principal U nonimmigrant petitioners are employment authorized incident to status, after the underlying petition for U nonimmigrant status is approved an employment authorization document is automatically issued without filing Form I-765, Application for Employment Authorization.

Derivative family members residing inside the United States are also employment authorized incident to status; however, an employment authorization document is not automatically issued. Form I-765, Application for Employment Authorization, may be filed for a derivative to obtain an employment authorization document.

Employment authorization for principals and derivatives can only be issued after the underlying U nonimmigrant status petition is approved, regardless of when the Form I-765, Application for Employment Authorization, is filed.

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, Application for Employment Authorization, based on deferred action.  An application for employment authorization based on deferred action can only be approved after DHS has deferred action in your case, regardless of when the Form I-765 is filed.

Note to Asylum Applicants: If you are an asylum applicant, please refer to the asylum webpages for criteria for eligibility, including information about the calculation of the 180-day Asylum EAD Clock.

This page can be found at https://www.uscis.gov/i-765

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