I-765 Employment Authorization Application 2024: Complete Guide

Eric Nkom May 28, 2024

0 2 5 minutes read

I-765 Employment Authorization Application 2024: Complete Guide

The I-765 Application for Employment Authorization is a necessary document for non-citizens of the United States who want to work there. Getting an Employment Authorization Document (EAD) by completing the I-765 application is an essential step for anyone applying for adjustment of status, whether they are a student, refugee, or other category.

Everything you need to know about the I-765 form, including eligibility, the application procedure, the necessary paperwork, processing times, and advice for a successful application, will be covered in detail in this extensive tutorial.

I-765 Application for Employment Authorization

The Application for Employment Authorization, or I-765 form, is a document that the US Citizenship and Immigration Services (USCIS) issues. Using this form, non-citizens of the United States may apply for an Employment Authorization Document (EAD), allowing them to work legally in the country for a predetermined amount of time.

Importance of the I-765 Application

For non-US citizens, obtaining an EAD is essential because it:

Gives the go-ahead to work legally in the US.
Provides companies with verification of eligibility.
It aids in the process of obtaining an SSN if you do not already have one.

Eligibility Criteria for the I-765 Application

Not everybody is qualified to submit an EAD application. Depending on your existing immigration status, the requirements for submitting an I-765 Application for Employment Authorization are particular and can change. The following are some of the groups of people who could be qualified to submit the I-765 application:

1. Students

Students in F-1 status are qualified for either curriculum-based Practical Training (CPT) or Optional Practical Training (OPT).
M-1 Students: Upon graduation, they are qualified for hands-on training.

2. Adjustment of Status Applicants

Applicants seeking green cards are those who have applied for status adjustment to become lawful permanent residents.

3. Refugees and Asylees

People to whom refugee or asylum status has been granted.
Those whose asylum applications have been delayed for more than 150 days without receiving a response.

4. Temporary Protected Status (TPS) Holders

Individuals who are awarded Temporary Protected Status and are nationals of specific countries.

5. Certain Nonimmigrant Categories

Spouses of specific visa holders, including those with an L-2 (spouse of an L-1 visa holder) or E-2 (husband of an E-1 visa holder).
T-1 nonimmigrants (who are victims of human trafficking) and U-1 nonimmigrants (who have been victims of specific crimes).

6. Others

Beneficiaries of DACA (Deferred Action for Childhood Arrivals).
People who have their deportation or removal withheld.

How to Complete the I-765 Application for Employment Authorization

There are multiple procedures involved in filing the I-765 application, and each one demands close attention to detail. You can follow this step-by-step tutorial to assist you with the process:

1. Compile the necessary records.

Make sure you have all the required paperwork before beginning your I-765 Application for Employment Authorization. Usually, these consist of:

Completed Form I-765: Go to the USCIS website, download the form, and fill it out.
A copy of your passport or another legitimate photo ID serves as proof of identity.
Previous EAD: A copy of your prior EAD, if relevant.
A copy of your most current Form I-94, Arrival/Departure record.
Proof of Current Immigration Status: Such as an I-797 Notice of Action, I-20 (for students), or other appropriate documents.
Pictures: Within the last 30 days, two identical passport-style pictures were taken.
Filing Fee: The requisite amount, or, if appropriate, a completed Form I-912 Request for Fee Waiver.

2. Fill out Form I-765

Make sure all the information on the I-765 form is correct and complete by carefully filling it out. The form is broken up into multiple sections:

Application Reason (e.g., first-time EAD, renewal, or replacement).
Details about You (such as your name, address, birth date, and SSN).
Additional Details (such as nationality and place of birth).
Details of Your Most Recent Arrival in the United States.
Details Regarding Your Present Immigration Situation.
Details Regarding the Eligibility Category.
The applicant’s declaration, certification, signature, contact details, and application.

3. Examine and Put Your Application Together

Verify the accuracy of all the information you have entered by checking it twice. Put together your application materials in the following sequence:

Filled-out Form I-765
Copies of the necessary paperwork (passport, I-94, etc.).
Pictures
Fee for filing (cash, money order, or form waiving the fee)

4. Send Your Application via Mail

Application should be sent to the appropriate USCIS filing address. Depending on your state of residency and eligibility, the address might change. For the most recent mailing addresses, see the USCIS website.

Processing Times and Expectations

The applicant’s category and the service center managing the case are two variables that may affect the length of time it takes to process the I-765 Application for Employment Authorization. Processing timelines can take anywhere from three to six months on average. Delays, however, can happen as a result of other things or heavy application volumes.

Verifying the Status of Your Application

With the USCIS Case Status Online feature, you can monitor the progress of your application online. After USCIS receives your application, they will send you a receipt notification (Form I-797), which contains your receipt number.

Getting Your EAD

Your Employment Authorization Document (EAD), if accepted, will be mailed by USCIS to the address you indicated on the I-765 form. To prevent delays in obtaining your card, make sure your address is up-to-date and correct.

Advice on Filing an I-765 Successfully

Take into consideration the following advice to increase your chances of having your application accepted:

Read Instructions Carefully: Go over the I-765 form’s instructions and those on the USCIS website in great detail. This aids in understanding the specifications and preventing typical errors.
Give Accurate Information: Verify that all of the data in the application is true and corresponds with the papers you’ve included. Inconsistencies may result in denials or delays.
Send in All Required Documentation: One of the most common causes of delays is incomplete applications. Don’t forget to attach the necessary files and pictures. Make sure everything is complete by using the USCIS checklist.
Keep Up with Fee Changes: Before submitting your application, make sure you have the most recent information about fees by visiting the USCIS website. Filing prices are subject to change.
Hold Onto Copies of Your Submission: Before mailing, make copies of your completed application and all supporting materials. You should keep this for your records and in case something goes wrong.

Conclusion

An essential tool for non-citizens looking to work lawfully in the US is the I-765 Application for Employment Authorization. Gaining an EAD can be greatly increased by properly following the application process, assembling the necessary paperwork, and being aware of the qualifying requirements.

You can manage the difficulties of the I-765 application and get one step closer to reaching your US job objectives by being well-informed and conscientious.