Checklist of Required Initial Evidence for Form I-765 (for informational purposes only)

Please do not submit this checklist with your Form I-765. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations. You may view the form instructions at uscis.gov/i-765.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

General Requirements

Did you provide the following?

  • A copy of your Form I-94, Nonimmigrant Arrival-Departure Record (front and back), a printout of your electronic Form I-94, or your passport or other travel document
  • A copy of your last EAD (if applicable)
  • Two identical passport-style photographs  
  • Form G-28 (if you are represented by an attorney or accredited representative)
  • If you were not previously issued an EAD, you must submit a copy of a government-issued identity document 

Refugee (a)(3)

Did you provide a copy of one of the following?

  • Form I-94, Arrival-Departure Record
  • Final notice of eligibility for resettlement (approval letter)
  • Form I-797 approving derivative refugee status (Form I-730 approval)

Paroled As A Refugee (a)(4)

Did you provide the following?

  • Copy of Form I-94, Nonimmigrant Arrival-Departure Record, passport, or travel document

Asylee (a)(5) (Granted Asylum)

Did you provide a copy of one of the following?

  • Form I-94, Nonimmigrant Arrival-Departure Record indicating asylee status
  • USCIS asylum approval letter 
  • The signed order from EOIR granting asylum status
  • Form I-797 Approval Notice granting derivative asylum status

Granted Withholding Of Deportation or Removal (a)(10)

Did you provide the following?

  • A copy of the EOIR immigration judge’s signed order granting withholding of deportation or removal

A Citizen of Micronesia, the Marshall Islands, or Palau (a)(8)

Did you provide the following?

  • Evidence you were admitted as a citizen of the Federated States of Micronesia, the Marshall Islands, or Palau under agreements between the U.S. and the former trust territories

Under Deferred Enforced Departure (DED) (a)(11)

Did you provide the following?

  • Evidence of your identity and nationality (if you are without nationality, submit evidence of your residence in the last country in which you habitually resided)
  • Statement of your basis for claiming that you are covered by DED, and evidence (if available) to support your claim

Under Temporary Protected Status (TPS) (a)(12) and (c)(19)

Did you provide the following?

  • This application concurrently filed with Form I-821, Application for Temporary Protected Status, or evidence that we accepted or approved your initial Form I-821
  • Evidence of your nationality and identity
  • A copy of the order granting TPS with your Form I-765 (such as a copy of your Form I-821 that the EOIR judge or Board of Immigration Appeals (BIA) approved) if an EOIR immigration judge or the BIA granted TPS and you are requesting your first EAD or are re-registering for the first time

Re-registering For Temporary Protected Status (TPS) (a)(12)

Did you provide the following?

  • This application concurrently filed with Form I-821
  • Letter indicating this application is for TPS re-registration
  • A copy (front and back) of your last available TPS document (for example, an EAD, Form I-94, passport, travel document, or a Form I-797 Approval Notice)

Nicaraguan Adjustment And Central American Relief Act (NACARA) Section 203 Applicant Who Is Eligible To Apply For NACARA Relief With USCIS (c)(10)

Did you provide the following?

  • This form concurrently filed with Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA))

Dependent Of A TECRO E-1 Nonimmigrant (c)(2)

Did you provide the following?

  • Certification from the American Institute in Taiwan if you are the spouse or unmarried dependent son or daughter of an E-1 employee of the Taipei Economic and Cultural Representative Office

Student Seeking Pre-completion OPT (c)(3)(A)

Did you provide the following?

  • Evidence of having been lawfully enrolled on a full-time basis for one full academic year at a college, university, conservatory, or seminary approved by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) for attendance by F-1 foreign students
  • All previously used Student and Exchange Visitor Information System (SEVIS) numbers in the Additional Information section of the form.
  • Evidence of any previously authorized Curricular Practical Training (CPT) or Optional Practical Training (OPT) and the academic level at which each was authorized
  • Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, endorsed by the designated school official (DSO) before filing your Form I-765

Student Seeking  Post-completion OPT (c)(3)(B)

Did you provide the following?

  • All previously used SEVIS receipt numbers and any previously authorized CPT or OPT and the academic level in which it was authorized in Part 6, Additional Information

Student With A Degree In Science, Technology, Engineering, or Mathematics And Are Seeking A 24-month STEM OPT (c)(3)(C)

Did you provide the following?

  • Evidence of the degree that is the basis for the STEM OPT and is currently listed on the STEM Designated Degree Program List
  • A copy of the Form I-20 endorsed by the DSO within 60 days before filing Form I-765
  • Evidence that the institution is currently accredited by the U.S. Department of Education and certified by SEVP if you are seeking a STEM OPT extension based on a previously earned STEM degree

F-1 Student Who Was Offered Off-campus Employment Under The Sponsorship Of A Qualifying International Organization (c)(3)(ii)

Did you provide the following?

  • The international organization’s letter of certification that the proposed employment is within the scope of its sponsorship 
  • A copy of Form I-20 with the employment page completed by the DSO certifying eligibility for employment

F-1 Student Seeking Off-campus Employment Due To Severe Economic Hardship (c)(3)(iii)

Did you provide the following?

  • A copy of Form I-20. The DSO must complete the employment page certifying your eligibility for off-campus employment due to severe economic hardship
  • Evidence you have been in valid F-1 status for one full academic year, are a student in good standing, and are enrolled in a full course of study
  • Evidence that accepting employment will not interfere with your enrollment in a full course of study
  • Evidence the employment is necessary to avoid severe economic hardship 
  • Evidence that on-campus employment is not available or is not sufficient to meet the needs that have arisen due to the unforeseen circumstances

J-2 Spouse or Minor Child Of An Exchange Visitor (c)(5)

Did you provide the following?

  • A copy of Form DS-2019
  • Evidence the J-1 principal foreign national is currently maintaining status
  • Evidence that any income from this employment authorization will not be used to support the J-1 principal foreign national
  • Evidence you are currently maintaining status
  • Evidence of all previously authorized periods of J-2 employment (if applicable)

M-1 Student Seeking Post-completion OPT After Completing Studies (c)(6)

Did you provide the following?

  • A copy of Form I-20 endorsed by the DSO 
  • This form concurrently filed with Form I-539, Application to Change/Extend Nonimmigrant Status (if applicable)
  • Form I-539 requesting an extension of stay that covers the requested period of post-completion OPT and a 30-day departure period

Pending Applicant For Asylum And Withholding Of Deportation And Removal (c)(8)

Did you provide the following?

  • Evidence of a lodged or filed Form I-589 with USCIS or EOIR
    • If filed with USCIS, provide a copy of your USCIS Acknowledgment of Receipt and USCIS Asylum Interview Notice; Form I-797C ASC Appointment Notice; any other evidence of a filed I-589
    • If lodged with EOIR, provide a legible copy of the Form I-589 containing the Received Date stamp and Lodge/Receipt Stamp
    • If filed with EOIR, provide acknowledgment you received Form I-589 (such as receipt stamp) or any other available evidence. 
  • The docket number if an immigration judge denied your Form I-589 or you have evidence of an appeal pending with a circuit court or any court outside of the Board of Immigration Appeals
  • Proof of arrests and convictions (if applicable)

B-1 Nonimmigrant Who Is The Personal or Domestic Servant Of A Nonimmigrant Employer (c)(17)(i)

Did you provide the following?

  • Evidence of your lawful B nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document)
  • Evidence your employer is a B, E, F, H, I, J, L, M, O, P, Q, or TN nonimmigrant
  • Evidence you worked for the employer for at least one year before the employer entered the United States, or your employer regularly employs personal and domestic servants and has done so for a period of years before coming to the United States
  • Evidence you have either worked for this employer as a personal or domestic servant for at least one year, or evidence you have at least one year of experience as a personal or domestic servant
  • Evidence you have a residence abroad that you have no intention of abandoning

B-1 Nonimmigrant Domestic Servant Of A U.S. Citizen (c)(17)(ii)

Did you provide the following?

  • Evidence or your lawful B nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document)
  • Evidence that your employer is a U.S. citizen
  • Evidence your employment has a permanent home abroad or is stationed outside the United States and is temporarily visiting the United States, or evidence that your employer’s current assignment in the United States will not be longer than four years
  • Evidence your employer has employed you as a domestic servant abroad for at least six months before your admission to the United States

B-1 Nonimmigrant Employed By A Foreign Airline (c)(17)(iii)

Did you provide the following?

  • Evidence of your lawful B nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document)
  • A letter from the airline fully describing your duties and stating your position would entitle you to E nonimmigrant status except for the fact that you are not a national of the same country as the airline, or because there is no treaty of commerce and navigation in effect between the United States and that country

Spouse Of An E-1 Treaty Trader, E-2 Treaty Investor, or E-3 Specialty Occupation Professional From Australia (a)(17)

Did you provide the following?

  • Evidence of your lawful E nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document)
  • Evidence of your spouse’s lawful E nonimmigrant status (for example, copy of your spouse’s Form I-94, passport, or other travel document)
  • Marriage certificate, or if not available, other secondary evidence of the marriage

Spouse Of An L-1 Intracompany Transferee (a)(18)

Did you provide the following?

  • Evidence of your lawful L nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document)
  • Evidence of your spouse’s lawful L nonimmigrant status (for example, a copy of your spouse’s Form I-94, passport, or other travel document)
  • Marriage certificate, or if not available, other secondary evidence of the marriage

Spouse Of An E-2 Commonwealth of Northern Mariana Islands (CNMI) Investor (c)(12)

Did you provide the following?

  • Evidence of a legal marriage
  • Evidence you and your spouse legally terminated any prior marriages (if applicable)
  • Evidence you reside in the CNMI
  • Evidence your spouse obtained E-2C status
  • Evidence you obtained E-2C status as a dependent
  • A copy of your spouse’s CNMI issued Long-Term Business Certificate or Foreign Investment Certificate

Spouse Of An H-1B Nonimmigrant (c)(26)

Did you provide the following?

  • Evidence that either your spouse is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or your spouse received H-1B status based on the American Competitiveness in the Twenty-First Century Act (AC21) sections 106(a) and (b)
  • Evidence of your current nonimmigrant status, such as a copy of your Form I-94 showing your admission in (or change of status to) H-4 nonimmigrant status or file this form concurrently filed with Form I-539, Application to Change/Extend Nonimmigrant Status (if applicable)
  • Marriage certificate, or if not available, other secondary evidence of the marriage

Principal Beneficiary Of An Approved Employment-based Immigrant Petition Facing Compelling Circumstances (c)(35)

Did you provide the following?

  • Proof you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status
  • Proof of your approved Form I-140
  • Evidence you are facing compelling circumstances while you wait for your immigrant visa to become available
  • Proof of arrests and convictions (if applicable)

Spouse or An Unmarried Child Of A Principal Beneficiary Of An Approved Employment-based Immigrant Petition (c)(36)

Did you provide the following?

  • Proof of your nonimmigrant status
  • Proof of relationship to the principal beneficiary of the approved Form I-140
  • Proof that the spouse or parent principal beneficiary was granted employment authorization or has a pending Form I-765 under eligibility category (c)(35).
  • Proof of arrests and convictions (if applicable)

K-1 Nonimmigrant Fiancé(e) Of A U.S. Citizen or K-2 Dependent (a)(6)

Did you provide the following?

  • Evidence of your admission (for example, a copy of your Form I-94, passport, or other travel document)
  • Copy of your K visa

K-3 Nonimmigrant Spouse Of A U.S. Citizen or K-4 Dependent (a)(9)

Did you provide the following?

  • Evidence of your most recent admission (for example, a copy of your Form I-94, passport, or other travel document)
  • I-797C Notice of Action

V-1, V-2, or V-3 Nonimmigrant (a)(15)

Did you provide the following?

  • Evidence of your valid V status (for example, an approval notice, your Form I-94, passport, or this form filed concurrently with your application for V status) 

Adjustment Applicant Under Section 245 (c)(9) (unless you are filing the I-765 concurrently with Form I-485)

Did you provide the following?

  • Evidence of a pending I-485 under INA 245 (for example, a copy of your Form I-485 receipt notice or other evidence)

Registry Applicant Based On Continuous Residence Since Jan. 1, 1972 (c)(16)

Did you provide the following?

  • This form filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, or evidence of a pending I-485 (for example, a copy of your Form I-485 receipt notice or other evidence)

Physician Applying To Renew Your National Interest Waiver EAD

Did you provide the following?

  • Evidence of your meaningful progress toward completing the National Interest Waiver obligations
  • If you did not work as a National Interest Waiver physician during any period of the previous year, submit an explanation why and provide a statement of future intent to work as a physician in a qualifying location

Legalization Temporary Resident Under INA Sections 245A or 210 (a)(2)

Did you provide the following?

  • Evidence that we approved one of the following forms: 
    • Form I-687, Application for Status as a Temporary Resident Under Section 245A of the INA
    • Form I-700, Application for Status as a Special Agricultural Worker
    • A copy of an EAD showing your temporary resident status

N-8 or N-9 Nonimmigrant (a)(7)

Did you provide the following?

  • Evidence of your lawful N nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document)

Applicant For Cancellation Of Removal (c)(10)

Did you provide the following?

  • Evidence that EOIR-42A or EOIR-42B is currently pending with EOIR
  • Evidence you paid the application filing fee

Applicant For Legalization Under INA Section 210 (c)(20)

Did you provide the following?

  • Evidence your Form I-700, Application for Status as a Temporary Resident Under Section 210 of the INA, is currently pending (for example, a copy of a receipt notice or other evidence)

Applicant For Legalization Under INA Section 245A (c)(22)

Did you provide the following?

  • Evidence your Form I-687, Application for Status as a Temporary Resident Under 245A of the INA, is pending (for example, a copy of a receipt notice or other evidence)

Parolee (c)(11)

Did you provide the following?

  • Evidence you were paroled into the United States for urgent humanitarian reasons or reasons of significant public benefit (for example, a copy of your Form I-94, passport, or other travel document)

Granted Deferred Action (c)(14)

Did you provide the following?

  • Evidence of a grant of deferred action (for example, a copy of an order, notice or other document)
  • Proof you have an economic necessity to work (financial information)

Requesting Consideration Of Deferred Action For Childhood Arrivals (c)(33)

Did you provide the following?

  • This form concurrently filed with Form I-821D, Consideration of Deferred Action for Childhood Arrivals
  • Your completed Form I-765 Worksheet

Under A Final Order Of Deportation or Removal, Including Deferral Of Removal Under The Convention Against Torture (c)(18)

Did you provide the following?

  • A copy of the EOIR immigration judge’s Order of Removal and Form I-220B, Order of Supervision (if any)

LIFE Legalization Applicant (c)(24)

Did you provide the following?

  • Evidence you were a Catholic Social Services (CSS), League of United Latin American Citizens (LULAC), or Zambrano class member applicant before Oct. 1, 2000
  • Evidence your Form I-485, Application to Register Permanent Residence or Adjust Status, is currently pending (for example, a receipt notice or other evidence)

T-1 Nonimmigrant (a)(16) (replacement or renewal)

Did you provide the following?

  • Evidence of your valid T-1 nonimmigrant status

T-2, T-3, T-4, T-5, or T-6 Nonimmigrant (c)(25)

Did you provide the following?

  • Evidence of your valid T nonimmigrant derivative status:
    • A copy of the approval notice for your T nonimmigrant status if you obtained T nonimmigrant status while in the United States, or
    • A copy of your passport with your T nonimmigrant visa if you were admitted to the United States as a T nonimmigrant.

Approved As A T nonimmigrant Adjustment Of Status (c)(9)

Did you provide the following?

  • Evidence of your valid T nonimmigrant status
  • This application filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, or evidence of a pending I-485 (for example, a copy of your Form I-485 receipt notice or other evidence)

U-1 Nonimmigrant (a)(19) (replacement or renewal)

Did you provide the following?

  • A copy of your passport with your U nonimmigrant visa

U-2, U-3, U-4, or U-5 Nonimmigrant (a)(20)

Did you provide the following?

  • Evidence of your valid U nonimmigrant derivative status:
    • A copy of the approval notice for your U nonimmigrant status if you obtained U nonimmigrant status while in the United States, or
    • A copy of your passport with your U nonimmigrant visa if you were admitted to the United States as a U nonimmigrant.

Under U Nonimmigrant Adjustment Of Status (c)(9)

Did you provide the following?

  • Evidence of your valid U nonimmigrant status
  • This form filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, or evidence of a pending I-485 (for example, a copy of your Form I-485 receipt notice or other evidence)

VAWA Self-petitioner (c)(31) (replacement or renewal)

Did you provide the following?

  • Evidence of the principal beneficiary’s approved Form I-360 VAWA self-petition

A-3 or G-5 Nonimmigrant (c)(14)

Did you provide the following?

  • A copy of the civil complaint filed in court 
  • Proof of lawful admission to the United States in A-3 or G-5 status (for example, a copy of your passport with your A-3 or G-5 nonimmigrant visa)
  • Evidence the civil case is still pending (if requesting renewal)

 

ADDITIONAL INFORMATION

Last Reviewed/Updated: