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What is Form I-765 used for?
Certain foreign nationals, who are eligible to work in the United States, use Form I-765, Application for Employment Authorization, to request permission to work. When hiring employees, U.S. employers must request proof of the worker’s right to work.
U.S. citizens and lawful permanent residents (green card holders) may work without requesting special permission. Some nonimmigrants, temporary in nature, may be granted employment authorization upon request from U.S. Citizenship and Immigration Services (USCIS). However, not all nonimmigrants are eligible for this benefit. Individuals granted employment authorization with an approved Form I-765 receive an employment authorization document. You may also hear this document referred to as:
These are different names for the same thing. Use Form I-765 to request an initial, replacement or renewal card. You must be in a valid eligibility category to request employment authorization.
Who may file the I-765 application?
Several categories of nonimmigrants in the United States may be eligible to apply for employment authorization using Form I-765. It is important for the applicant to understand the underlying basis for eligibility. In some cases, DACA for example, the applicant must submit the I-765 application with Form I-821D. However, other categories may file the application at a later date. For example, adjustment of status applicants may file Form I-765 with I-485 or anytime the I-485 is pending.
The complete list of eligibility categories for I-765 can be viewed below:
(c)(9) – Adjustment Applicant
(c)(16) – Adjustment Applicant Based on Continuous Residence Since January 1, 1972
Renewal EAD for National Interest Waiver Physicians
(c)(14) – Deferred Action
(c)(33) – Deferred Action for Childhood Arrivals (DACA)
(a)(5) – Asylee (Granted Asylum)
(c)(8) – Asylum Applicant (with a pending asylum application)Who Filed for Asylum on or After January 4, 1995)
(a)(4) – Paroled as a Refugee
(a)(3) – Refugee
(c)(1) – Dependent of A-1 or A-2 Foreign Government Officials
(c)(4) – Dependent of G-1, G-3 or G-4 Nonimmigrant
(c)(7) – Dependent of NATO-1 Through NATO-6
(c)(17)(ii) – B-1 Nonimmigrant Domestic Servant of a U.S. Citizen
(c)(17)(iii) – B-1 Nonimmigrant Employed by a Foreign Airline
(c)(17)(i) – B-1 Nonimmigrant Who Is the Personal or Domestic Servant of a Nonimmigrant Employer
(a)(17) – Spouse of an E-1/E-2 Treaty Trader or Investor
(c)(12) – Spouse of an E-2 CNMI Investor
(a)(18) – Spouse of an L-1 Intracompany Transferee
(c)(26) – H-4 Spouse of an H-1B Nonimmigrant
(a)(6) – K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent
(a)(9) – K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent
(a)(13) – Family Unity Program
(a)(14) – LIFE Family Unity
(a)(15) – V-1, V-2 or V-3 Nonimmigrant
(c)(2)(a) – F-1 Student Seeking Pre-completion Optional Practical Training
(c)(3)(B) – F-1 Student Seeking Post-completion Optional Practical Training
(c)(3)(C) – F-1 Student Seeking 17-month Extension for STEM Students
(c)(3)(ii) – F-1 Student Offered Off-Campus Employment by Qualifying Organization
(c)(3)(iii) – F-1 Student Seeking Off-Campus Employment Due to Economic Hardship
(c)(5) – J-2 Spouse or Minor Child of an Exchange Visitor
(c)(6) – M-1 Student Seeking Practical Training After Completing Studies
(a)(8) – Citizen of Micronesia, the Marshall Islands, or Palau
(a)(11) – Deferred Enforced Departure (DED)/Extended Voluntary Departure
(a)(12) – Temporary Protected Status (TPS) under 8CFR 244
(c)(19) – Temporary Protected Status (TPS) under 8CFR 244.5
(c)(10) – NACARA Section 203 Applicants Who Are Eligible to Apply for NACARA Relief With USCIS
(c)(2) – Dependent of TECRO E-1 Nonimmigrant
(a)(7) – N-8 or N-9 Nonimmigrant
(a)(10) – Granted Withholding of Deportation or Removal
(c)(10) – Applicant for Suspension of Deportation
(c)(11) – Paroled in the Public Interest
(c)(18) – Final Order of Deportation
(c)(24) – LIFE Legalization Applicant
(a)(16) – T-1 Nonimmigrant
(c)(25) – T-2, T-3 or T-4 Nonimmigrant
(a)(19) – U-1 Nonimmigrant
(a)(20) – U-2, U-3, U-4 or U-5
(c)(31) – VAWA Self-Petitioners
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