Application for Employment Authorization

What is the purpose of form I-765?

Certain foreign nationals who are in the United States may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD). Other foreign nationals whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply to U.S. Citizenship and Immigration Services (USCIS) for an EAD that shows such authorization. Review the Who May File Form I-765 section of these Instructions to determine whether you should use Form I-765. Foreign nationals may also apply for a Social Security number and card on Form I-765 following the guidelines in the Specific Instructions section of these Instructions, Part 2. Information About You, Item Numbers 13.a. – 17. b. If you are a lawful permanent resident, a conditional permanent resident, or a nonimmigrant only authorized for employment with a specific employer under 8 CFR 274a.12(b), do not use Form I-765. Definitions Employment Authorization Document (EAD): The EAD is the card (also known as Form I-688A, Form I-688B, Form I-766, or any successor document) issued as evidence that the holder is authorized to work in the United States. Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category. Renewal EAD: An EAD issued to an eligible applicant after the expiration of a previous EAD issued under the same category. Replacement EAD: An EAD issued to an eligible applicant when the previously issued EAD was lost, stolen, damaged, or contains errors, such as a misspelled name. NOTE: For more information regarding employment authorization documents, visit www.uscis.gov/greencard/ employment-authorization-document.

Who may file form I-765?

You may file Form I-765 if you fall within one of the eligibility categories below. For some categories, employment authorization is granted with your underlying immigration status (called “incident to status” employment authorization). For example, asylees and refugees have employment authorization as soon as they obtain such status. In these cases, your EAD is issued upon approval of your Form I-765, and the EAD is evidence of your employment authorization. For other categories, such as parolees or individuals with deferred action, USCIS must first approve your Form I-765 before you are eligible to accept employment in the United States. Once your Form I-765 is approved, USCIS will issue your EAD. You must type or print your eligibility category in Part 2., Item Number 27., on Form I-765. Enter only one category number on the application. For example, if you are a refugee applying for an EAD, type or print “(a)(3)” in Item Number 27. Please note that a person with a pending application for an immigration benefit or request might have a different category number than the person who was already granted the benefit or request. For example, certain pending asylum applicants are category “(c)(8),” but a person already granted asylum is category “(a)(5).”​

Asylee/Refugee Categories (and their Spouses and Children)

1. 1. Refugee–(a)(3). If an initial Form I-765 was not already prepared for you before your arrival as a refugee in the United States, or if you are requesting to renew your EAD, file Form I-765 with a copy of one of the following: your stamped Form I-94, Arrival-Departure Record; your Final Notice of Eligibility for Resettlement (approval letter); or your Form I-797 Notice approving your derivative refugee status based on a Form I-730, Refugee/Asylee Relative Petition (if approved while in the United States).

NOTE: If you were admitted as a refugee and have applied under the Immigration and Nationality Act (INA) section 209 to adjust to lawful permanent resident status using Form I-485, Application to Register Permanent Residence or Adjust Status, file Form I-765 under category (a)(3) as a refugee. Do not file Form I-765 under eligibility category (c)(9) as an INA section 245 adjustment applicant.

1. 1. Paroled as a Refugee–(a)(4). File Form I-765 with a copy of your Form I-94, passport, or travel document. Commonwealth of the Northern Mariana Islands (CNMI), and other humanitarian or significant public benefit parolees (such as Cuban Family and Haitian Family Reunification Parole programs), should file under the category (c)(11), not as a refugee under (a)(4).
   2. Asylee (Granted Asylum)–(a)(5). File Form I-765 with a copy of one of the following: your stamped Form I-94 indicating asylee status; a USCIS Asylum approval letter; an order granting asylum signed by an Executive Office for Immigration Review (EOIR) immigration judge (IJ); or a Form I-797 Notice approving your derivative asylee status based on a Form I-730 (if approved while in the United States).

NOTE: If you are an asylee and have applied under INA section 209 to adjust to lawful permanent resident status using Form I-485, file Form I-765 under category (a)(5) as an asylee. Do not file Form I-765 under eligibility category (c)(9) as an INA section 245 adjustment applicant. 4. Granted Withholding of Deportation or Removal–(a)(10). File Form I-765 with a copy of the EOIR IJ’s signed order granting withholding of deportation or removal.

1. Pending Asylum and Withholding of Removal Applicants and Applicants for Asylum under the ABC Settlement Agreement–(c)(8). If you have a pending Form I-589, Application for Asylum and for Withholding of Removal, refer to the Instructions below.

Special Filing Instructions for Those With Pending Asylum Applications–(c)(8)
Applicants requesting employment authorization under (c)(8) must:

1. 1. Wait for 365 calendar days from the date you properly file and USCIS or the Immigration Court accepts your asylum application before you file your application for employment authorization;
   2. Appear for your asylum biometric services appointment;
   3. Appear for your interview with a USCIS asylum officer or your hearing before an Immigration Judge (IJ), if requested or scheduled; and 4. Appear for your biometric services appointment for your application for employment authorization.

For further information, see 8 CFR sections 208.7, 208.9, and 208.10.

Special information about biometric services fees and appointments. All applicants for initial and renewal EADs under the (c)(8) eligibility category must submit biometrics at a scheduled biometric services appointment and pay the biometric services fee. If you fail to appear for your biometric services appointment, you may be ineligible for employment authorization.
Special information about the one-year deadline to file for asylum. If you file your asylum application on or after August 25, 2020, and file it more than one year after your most recent arrival in the United States, you will not be granted employment authorization under this eligibility category unless and until a USCIS asylum officer or an Immigration Judge determines that you meet an exception for late filing, as provided in section 208(a)(2)(D) of the Immigration and Nationality Act (INA). This one-year filing deadline does not apply to an alien who is an unaccompanied alien child, as defined by section 462(g) of the Homeland Security Act of 2002, 6 U.S.C. 279(g), INA section 208(a)(2)(E), 8 U.S.C. 1158(a)(2)(E).
Special information about lawful entry into the United States through a port of entry. Eligibility for an EAD under category (c)(8) requires that your last entry into the United States was lawful. If you entered or attempted to enter the United States unlawfully on or after August 25, 2020, you are ineligible for employment authorization based on a pending asylum application, unless you demonstrate that: (1) you presented yourself to the Secretary of Homeland Security or his or her delegate within 48 hours of your arrival; (2) you indicated a fear of persecution or torture or an intent to apply for asylum; and (3) you establish good cause for failing to enter lawfully through a port of entry. USCIS will determine whether you meet the exception to the illegal entry bar based on your responses to Item Numbers 30.b. – 30.g. of Form I-765.
Special information about arrests, charges, and convictions. You cannot receive employment authorization under this eligibility category if:

• You have been convicted at any time in the United States or abroad of any aggravated felony as described in section 101(a)(43) of the Act;
• You have been convicted on or after August 25, 2020, of a particularly serious crime in the United States;
• You have been convicted on or after August 25, 2020, of any serious non-political crime outside the United States;
• There are serious reasons for believing that you on or after August 25, 2020, have committed a serious nonpolitical crime outside the United States; or
• You are subject to mandatory denial of your asylum application based on the criminal grounds described in 8 CFR 208.13(c)(6).

Special information about the impact of applicant-caused delays. Any delays you have caused in the adjudication of your asylum application that is still in effect at the time your initial application for employment authorization is filed will result in USCIS denying your application for employment authorization.

Examples of applicant-caused delays include but are not limited to

1. A request to amend or supplement an asylum application that causes a delay in its adjudication or in proceedings as described in 8 CFR section 208.4(c);
2. Failure to appear to receive and acknowledge receipt of the decision as specified in 8 CFR section 208.9(d);
3. A request for an extension to submit additional evidence fewer than 14 days before the interview date as described in 8 CFR section 208.9(e);
4. Failure to appear for an asylum interview or biometric services appointment, unless excused by USCIS as described in 8 CFR section 208.10(b)(1) for the failure to appear;
5. A request to reschedule an interview for a later date;
6. A request to transfer a case to a new asylum office or interview location, including when the transfer is based on a new address;
7. A request to provide additional evidence after the interview;
8. Failure to provide a competent interpreter at the interview; and
9. Failure to comply with any other request needed to determine asylum eligibility.

Special information about the availability of (c)(8) employment authorization during the asylum process. If you are granted employment authorization while your asylum application is pending with USCIS or the Immigration Court, you may seek renewal of your EAD as long as the asylum application remains pending (unless your EAD is revoked or terminated).

If you have an EAD based on a pending asylum application and your asylum application is denied by the Immigration Court, your EAD will automatically terminate after 30 days unless you file a timely appeal with the Board of Immigration Appeals (BIA). If you file a timely appeal with the BIA, your current employment authorization will continue while your asylum application is on review at the BIA (unless revoked or terminated). There is no need to file another Form I-765 unless your EAD is about to expire or will expire during the time your case is on appeal. If the BIA affirms the denial of your asylum application, your employment authorization terminates automatically on the date of the BIA’s denial.

NOTE: Employment authorization is not permitted during any period of judicial review of EOIR’s decision on your asylum application. However, if a federal court remands your asylum case back to the BIA, you may reapply for employment authorization once your case is again pending with the BIA.

Additional Evidence requirements for category (c)(8) applicants:
If you are a category (c)(8) applicant who has met the requisite 365 calendar-day waiting period to file Form I-765, you may file your application with the following evidence, where applicable.

1. If you filed your Form I-589 with USCIS, a copy of the following: the USCIS Acknowledgement of Receipt that was mailed to you and your USCIS Asylum Interview Notice (scheduling, re-scheduling, or canceling your asylum interview); your Form I-797C Notice (ASC appointment notice) (for the biometrics appointment for your Form I-589); or other evidence that you filed your Form I-589 with USCIS.
2. If you lodged or filed your Form I-589 with the Executive Office for Immigration Review (EOIR), a copy of the acknowledgment of receipt of your application or other available evidence.
3. If you were granted employment authorization under the (c)(8) category and an Immigration Judge (IJ) subsequently denied your asylum application, and you are now seeking renewal of your EAD, evidence that you timely appealed the EOIR IJ’s decision on your Form I-589 to the BIA and the appeal remains pending.
4. If the BIA remanded your Form I-589 to an EOIR IJ for further adjudication of your underlying asylum claim:
   1. A copy of the BIA decision and order remanding your case to the EOIR IJ; and
   2. Evidence that your asylum claim remains under review by the EOIR IJ.
5. If a federal court remanded your asylum claim to the BIA for further action and your claim is still pending with the BIA, you must submit a copy of the Federal Court’s remand order.
6. Evidence of Arrests and Convictions. You must submit certified police and court records for any criminal charges, arrests, or convictions you may have.
   1. If you were EVER arrested or detained by a law enforcement officer for any reason in any country, including the United States and no criminal charges were filed, you must submit:
      1. An original or certified copy of the complete arrest report; and
      2. Either an official statement by the arresting or detaining agency or prosecutor’s office OR an applicable court order that indicates the final disposition of your arrest or detention;
   2. If you were EVER charged for any reason (even if you were not arrested) in any country, including the United States, you must submit:
      1. An original or certified copy of the complete arrest report; and
      2. Certified copies of BOTH the indictment, information or other formal charging document AND the final disposition of each charge (for example, a dismissal order or acquittal order);

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