Application for Employment Authorization

:

: 3

Purpose of Form

Certain foreign nationals, who are eligible to work in the United States, use Form I-765 to request an employment authorization document (EAD).

Number of Pages

Edition Date

07/17/17. A new edition of this form is coming soon. In the meantime, you may file using the 07/17/17 edition.  You can find the edition date at the bottom of the page on the form and instructions.

Where to File

The filing address depends on the eligibility category you entered in Question 16. Please check the filing locations for Form I-765 for a list of mailing addresses. If you file at a Lockbox, read our filing tips.

Filing Tips for Form I- I-765, Application for Employment Authorization

Complete all sections of the form. We will reject the form if these fields are missing:

  • Number 1 – Full Name
  • Number 3 – U.S. Mailing Address
  • Number 6 – Date of Birth
  • Number 20 – Eligibility Category

Don’t forget to sign your form! We will reject and return any unsigned form.

Filing Fee

$410. You must also pay an $85 biometric services fee, for a total of $495, if you are filing with one of the following eligibility categories: 

  • (c)(33) Requesting consideration of Deferred Action for Childhood Arrivals (DACA);
  • (c)(35) A beneficiary of an approved employment-based immigrant petition and you are facing compelling circumstances; or
  • (c)(36) A spouse or unmarried dependent child of a beneficiary of an employment-based immigrant petition who is facing compelling circumstances.

There is no biometric services fee for any other eligibility category.

Some individuals may be exempt from paying fees. See the form instructions for more information.

You may pay the fee with a money order, personal check, or cashier’s check.  When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Please note that service centers are not able to process credit card payments.

Special Instructions

E-Notification: To receive a text message and/or email when we accept your Form I-765, complete Form G-1145, E-Notification of Application/Petition Acceptance, and attach it to the front of the first application in the package.

Note: To be considered for DACA, you must file:

  • Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
  • Form I-765, Application for Employment Authorization;
  • Form I-765 Worksheet; and
  • The correct fee.

If you do not submit all of the above, we will reject your request and return it to you. The 90-day period for reviewing Form I-765 filed together with Form I-821D begins if and when USCIS decides whether to defer action in your case.

Note to U Petitioners: Principal U nonimmigrant petitioners are employment authorized incident to status, after the underlying petition for U nonimmigrant status is approved an employment authorization document is automatically issued without filing Form I-765.

Derivative family members residing inside the United States are also employment authorized incident to status; however, we do not automatically issue an employment authorization document. Form I-765 may be filed for a derivative to obtain an employment authorization document.

Employment authorization for principals and derivatives can only be issued after we approve the underlying U nonimmigrant status petition, regardless of when the Form I-765 is filed.

If the statutory cap is reached in a fiscal year and we use the waiting list process described at 8 CFR 214.14(d)(2), petitioners for U nonimmigrant status and derivatives in the United States can apply for employment authorization using Form I-765 based on deferred action. An application for employment authorization based on deferred action can only be approved after DHS has deferred action in your case, regardless of when the Form I-765 is filed.

Note to Asylum Applicants: If you are an asylum applicant, please refer to the asylum webpages for criteria for eligibility, including information about the calculation of the 180-day Asylum EAD Clock.