Form I-765: What you need to know (2024)

Many noncitizens come to the United States to work, but you need authorization to legally do so. For some—but not all—immigrants, Form I-765 is the way to obtain permission from the U.S. government to work in the country. In general, only noncitizens whose immigration status doesn’t already include employment authorization should use the form.

Still unclear about Form I-765? This article explores what it’s for, which noncitizens should use the form, how to file and processing timelines for filing.

What is the purpose of Form I-765?

Form I-765, Application for Employment Authorization, is a form noncitizens submit to United States Citizenship and Immigration Services (USCIS) to request permission to work legally in the U.S. Specifically, you use Form I-765 to request an employment authorization document (EAD). Upon approval, you receive an EAD card, which authorizes you to accept employment in the U.S.

Form I-765 doesn’t offer legal status on its own. You must have separate authorization to live in the U.S.—like asylum, temporary protected status (TPS) or Deferred Action for Childhood Arrivals (DACA) status—to use Form I-765.

Employment authorization document

An EAD card has an expiration date. To maintain employment eligibility, you must regularly submit a Form I-765 to request renewal of your card. You can also use the form to request a replacement EAD card if yours is lost, damaged, stolen or contains errors not caused by USCIS.

If your EAD contains one or more errors introduced by USCIS (like a misspelled name or incorrect birthdate), don’t use Form I-765. Instead, send a letter to the USCIS location that approved your EAD. The letter should explain the situation and offer proof that USCIS caused the error.

Who files Form I-765?

USCIS designed Form I-765 for noncitizens with an immigration status that doesn’t inherently include employment authorization. So you don’t need to use Form I-765 if you have a green card or come to the U.S. for temporary employment.

Instead, the form applies to other noncitizens fitting into many categories, including:

• Humanitarian statuses
• Specific nationalities
• Deferred action beneficiaries
• International students
• Dependents of certain nonimmigrants
• Family nonimmigrant beneficiaries
• Miscellaneous statuses

Humanitarian statuses

If you enter the U.S. as a refugee, the program or entity assisting you with the process may submit Form I-765 on your behalf before you arrive. If that didn’t happen, or if you need to renew your EAD, you should file Form I-765.

Those with pending asylum cases may also use Form I-765 to request employment authorization. To do so, you must wait 150 days after you file your asylum application and then apply. USCIS may issue your EAD 30 days after that. You may renew your EAD periodically until your asylum application is decided. If USCIS or the immigration court grants asylum, you may continue to use and renew your EAD.

After living in the U.S. as an asylee or refugee for one year, you can apply for a green card using Form I-485, Application to Register Permanent Residence or Adjust Status. While your green card application is pending, you continue to use an EAD.

Additionally, if you were granted withholding of removal or protection under the Convention Against Torture (CAT), you can request an EAD. Unlike asylum and refugee status, these options don’t offer a path to a green card, so you need to renew your EAD regularly.

Finally, if you’re a Violence Against Women Act (VAWA) self-petitioner, have been granted a T-visa or U-visa, or are a dependent of any of those applicants, you may submit Form I-765 to request an EAD while you work toward getting a green card. Like asylum seekers, you should maintain your EAD until you receive your green card.

Specific nationalities

People from certain countries may qualify to live in the U.S. based on their nationality, particularly when their home country isn’t safe. Typically, these statuses don’t lead to green cards, so you need to renew your EAD regularly.

• Based on treaties with the federal government, citizens of the Federated States of Micronesia, the Marshall Islands and Palau may be authorized to enter the U.S. They must apply for an EAD with Form I-765 to work here.
• Citizens of certain countries designated as unsafe may remain in the U.S. and request work authorization through Form I-765. These programs include Deferred Enforced Departure (DED) and TPS.

Deferred action beneficiaries

Noncitizens granted deferred action may use Form I-765 to request an EAD. This includes those granted DACA. You must prove you have an economic necessity to work as a deferred action beneficiary using the Form I-765 Worksheet.

International students

Student visas don’t typically include work authorization, except for some on-campus work. However, certain students may be able to use Form I-765 and receive an EAD.

You may be able to apply for an EAD for optional practical training (OPT) if the work is related to your major area of study:

• You may apply up to 90 days before being enrolled, as long as you’re enrolled for a full academic year and the work won’t start until after the academic year ends.
• You can also apply up to 90 days before but no more than 60 days after your academic program ends.

And if you have an OPT and your degree is in a STEM field, you can use Form I-765 to request to stay and work for an additional 24 months.

Other students may be eligible to submit Form I-765 and request an EAD to work off-campus:

• If you have an F-1 visa and the job is for a qualifying international organization.
• If you can show extreme economic hardship and on-campus work isn’t an option. You also must have been in the U.S. as a student for at least one academic year, have good standing, have a full load of study, be able to balance work with school and prove you need the assistance.

Dependents of certain nonimmigrants

Many nonimmigrant visas authorize visa holders to bring dependents to the U.S. Only some nonimmigrant visas allow dependents to work. Those that do require the dependents to submit Form I-765 and get an EAD before they work.

Spouses of nonimmigrants with the following statuses may use Form I-765 to request an EAD:

• Foreign government officials (A-1, A-2)
• Employees of intergovernmental organizations (G-1, G-3, G-4)
• NATO employees (NATO-1 through NATO-6)
• Treaty traders, investors and specialty occupation professionals from Australia (E-1, E-2, E-3)
• Intracompany transferees (L-1)
• Commonwealth of Northern Mariana Islands (CNMI) Investors (E-2)
• H-1B nonimmigrants
• Exchange visitors (J-2)

Family nonimmigrant beneficiaries

Most family-based visas are immigrant visas, providing paths to citizenship for beneficiaries. The government provides a temporary stepping stone for some family visas through a nonimmigrant visa.

One such visa is the K-visa, which allows a U.S. citizen to bring a noncitizen to the U.S. to get married. That visa lasts for 90 days, during which time you must get married. You may also apply for an EAD to work for those 90 days.

Additionally, for applications filed December 21, 2000 or earlier, you may be able to apply for a V-visa to allow the beneficiary of the application to live in the U.S. That beneficiary may use Form I-765 to request an EAD while in V-visa status.

Miscellaneous statuses

Form I-765 applies to an eclectic collection of immigration statuses. In addition to the categories above, noncitizens in the following circ*mstances may use Form I-765 to apply for an EAD:

• Personal or domestic servants of nonimmigrant employers
• Domestic servants of U.S. citizens
• Employees of foreign airlines
• National Interest Waiver physicians with pending green card applications
• Noncitizens granted cancellation of removal

In addition, if you’re a noncitizen with an approved employment-based immigrant visa petition and currently hold valid E-3, H-1B, H-1B1, O-1, or L-1 status, you may use Form I-765 to request an EAD. You must convince USCIS you’re facing compelling circ*mstances that justify you beginning to work sooner. Your dependents, including spouses and unmarried children, can also apply for an EAD based on compelling circ*mstances.

How do you file Form I-765?

Follow the Form I-765 instructions to fill out the application. When you file, in addition to Form I-765, you must submit:

• Proof of your current immigration status
• A copy of Form I-94 Arrival/Departure Record
• Two identical passport-style photos
• Your current EAD or a government-issued identity document

USCIS provides a checklist of complete documentation to include with individual filing categories. You must also include a filing fee (currently $410) unless you qualify for and request a fee waiver. You can’t request a fee waiver if you’re requesting an EAD based on DACA status.

You may file online or send your application by mail to the appropriate USCIS location based on your underlying category.

If you fit into certain categories, as long as you file for renewal before your current EAD expires, your employment authorization is automatically extended for 180 days. For categories ineligible for the automatic extension, like DACA, ensure you apply for renewal with plenty of processing time.

Current Form I-765 processing times

USCIS provides a link allowing you to check current Form I-765 processing times to know how far in advance you should submit your renewal. Currently, applications take three to nine months on average, but some categories may take significantly longer. For example, some DACA-related I-765s have recently taken as long as 37 months to process.

What if your Form I-765 is denied?

If your Form I-765 is denied, you generally shouldn’t work unless you have a valid EAD. USCIS should explain any denials. Sometimes, you may correct problems USCIS identifies and reapply. Other times, you may have to appeal.

If you’re submitting a renewal and your EAD expires before you reapply, you shouldn’t work while the new I-765 is pending. The automatic EAD extension only covers renewals submitted before your current EAD expires.

If you believe USCIS committed an error, you may appeal a denial by filing a Form I-290B, Notice of Appeal or Motion. If you win the appeal on an I-765 renewal, your EAD may be backdated. However, if you don’t win or the circ*mstances don’t support backdating the EAD, your EAD expires on its listed expiration date.

How an attorney may help

Immigration law is known for its complexity. While you can file Form I-765 without legal assistance, hiring an experienced immigration attorney may minimize any stress. From guiding you through filling out the form to helping ensure you have your underlying case in order and keeping on top of deadlines, immigration attorneys can offer significant benefits as you request your EAD.