What is Form I-765?

What is Form I-765?

Form I-765, Application for Employment Authorization, is a form used by certain non-U.S. citizens to apply for permission to work in the United States. This form is commonly known as an application for an Employment Authorization Document (EAD), or a "work permit." If your application is approved, you’ll receive an EAD card, which allows you to legally work in the U.S. for a specified period.

Form I-765 can be used by individuals who are in the U.S. on certain non-immigrant visas, applicants for adjustment of status, refugees, asylum seekers, Deferred Action for Childhood Arrivals (DACA) recipients, and others with specific immigration statuses. It is an essential form for those who want to maintain lawful employment while waiting for their permanent status or visa to be processed.

Who Can File Form I-765?

Form I-765 can be filed by various categories of immigrants and non-immigrants who have legal authorization to be in the U.S. but need a work permit. Some of the individuals who may be eligible to file include:

  • Applicants for Adjustment of Status (Form I-485)

  • Refugees and asylees

  • DACA recipients

  • Temporary Protected Status (TPS) holders

  • F-1 and M-1 students seeking Optional Practical Training (OPT)

  • J-2 visa holders (spouses of J-1 exchange visitors)

  • U visa holders (victims of certain crimes)

  • Applicants for asylum or withholding of removal

When to File Form I-765

The timing of when to file Form I-765 depends on your specific immigration status. For example, individuals applying for adjustment of status can submit their I-765 at the same time as their I-485 application, while others must wait until their visa status allows them to apply. It's important to file Form I-765 as early as possible, as processing times can vary, and you cannot legally work until your EAD is approved.

Once your Form I-765 is approved, you will receive an EAD card, which usually grants work authorization for one year. Some categories may receive authorization for up to two years, depending on their specific eligibility.

Supporting Documents for Form I-765

When filing Form I-765, it’s important to include all necessary supporting documentation to avoid delays. Required documents may include:

  • A copy of your current immigration status documentation (such as Form I-94 or visa)

  • A copy of your previous EAD (if applicable)

  • Two passport-style photos

  • Evidence of eligibility for employment authorization (such as proof of asylum status, DACA approval, or pending adjustment of status)

For first-time applicants, USCIS will also require proof of identity and eligibility, such as a passport, visa, or birth certificate. Make sure to carefully review the specific instructions for your eligibility category to ensure you are submitting the correct documentation.

Benefits of Filing Form I-765

Filing Form I-765 allows you to legally work in the U.S. and provides several benefits, such as:

  • Work authorization: Gain permission to work for any employer in the U.S. while awaiting your permanent residency or visa.

  • Social Security Number (SSN): You can request a Social Security Number or replacement SSN card when applying for an EAD, making it easier to apply for jobs and complete necessary tax documentation.

  • Financial stability: By obtaining a work permit, you can secure employment, earn income, and support yourself and your family while your immigration status is being processed.

Consequences of Not Filing Form I-765

If you are required to file Form I-765 but fail to do so, or if your application is denied, you will not be able to work legally in the U.S. Working without proper authorization can lead to significant consequences, such as deportation or being barred from certain immigration benefits in the future. It's crucial to file the application on time and with the correct supporting documents to avoid jeopardizing your immigration status.

How 123Citizen Can Help

At 123Citizen, we’re here to guide you through the process of applying for your Employment Authorization Document. Our platform is designed to simplify the filing process, ensuring that your Form I-765 is completed accurately and efficiently. We’ll help you gather the necessary documents, avoid common mistakes, and stay updated on the status of your application.

Whether you’re a student seeking OPT, an adjustment of status applicant, or part of any other eligible category, 123Citizen is here to make the process stress-free. Let us help you secure your work permit and achieve your career goals in the U.S. Contact us today for more information on how we can assist with your Form I-765 application!

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