Instructions for Electronically Filing Form I-765
USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.
Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Please review this page before attempting to complete and file your form electronically. Note that this information may pertain only to forms filed electronically and may not apply to paper-based filings. Failure to follow these instructions may result in your application or petition being delayed or denied.
You will need Adobe Reader to view or print these forms in Portable Document Format (PDF).
Form
I-765, Application for Employment Authorization
If e-Filing is not the best option for you, please see "Paper-based Form I-765," located in the upper right corner of this page under "Related Links" for more information.
Purpose of Form
Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other aliens who are authorized to work in the United States without restrictions should also use this form to apply to the USCIS for a document evidencing such authorization.
Who is Not Eligible to e-File This Form
NOTE: If you are applying for an EAD based on a category that is currently not eligible for e-Filing, please do not try to e-File Form I-765 under a different category, as that will slow down the processing of your application.
You are not eligible to e-File this form if:
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You live outside the United States, Guam, Puerto Rico, or the U.S. Virgin Islands.
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You are applying for a waiver of the filing fee.
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You are requesting that your case be expedited.
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You are filing to correct data due to USCIS administrative error.
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You are an applicant who is applying for an EAD as the spouse of an E-3 principle alien.
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You are an applicant who is applying for an EAD under one of the following categories described in Part 2 of the Form I-765 instructions.
If you fall into one of these categories, see the paper-based Form I-765 for information on how to file for Employment Authorization following traditional procedures.
Who Is Eligible to e-File This Form
Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.
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Category 274a.12(a)
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(3) Refugee
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(4) Paroled Refugee
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(5) Asylee
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(6) K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent
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(7) N-8 or N-9
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(8) Citizen of Micronesia/Marshall Islands or Palau
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(10) Granted Withholding of Deportation
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(11) Deferred Enforced Departure (DED)/Extended Voluntary Departure
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(12) Temporary Protected Status (TPS) - TPS applicants may file only for re-registration via the e-Filing System; e-Filing is not available for initial or late initial registration. For a list of countries and dates that USCIS has designated as currently eligible to file for TPS, please visit the Temporary Protected Status page.
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(13) Family Unity
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(17) E-1 or E-2 Spouses
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(18) L Spouses
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Category 274a.12(c)
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(2) Dependent of TECRO E-1 Nonimmigrant
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(3)(ii) F-1 Student offered off-campus employment under the sponsorship of a qualifying international organization
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(3)(iii) F-1 Student seeking off-campus employment due to severe economic hardship
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(5) J-2 Spouse or Minor Child of an Exchange Visitor
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(6) M-1 Practical training
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(8) Asylum applicant
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(9) Adjustment applicant
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(10) Applicant for Suspension of Deportation (Non-NACARA)
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(11) Public interest parolee
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(14) Deferred Action* (may be eligible at a later date)
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(16) Adjustment Applicant Based on Continuous Residence Since January 1, 1972
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(17)(i) B-1 Domestic of nonimmigrant
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(17)(ii) B-1 Domestic of certain U.S. citizens
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(17)(iii) Employee foreign airline
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(18) Final Order of Deportation
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(19) Temporary Protected Status (TPS) - Please visit the Temporary Protected Status page for the most updated information regarding eligible TPS countries.
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(20) Section 210 Legalization
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(22) Sec 245A Legalization
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(25) T Dependents (may be eligible at a later date)
Filing Fee
Please refer to the Immigration Forms page for the current filing fee.
- If filing for an initial EAD under one of these categories, no fee is required:
- Refugee, asylee or paroled as a refugee
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N-8 or N-9 Nonimmigrant
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Citizen of Micronesia, Marshall Islands, or Palau
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Granted Withholding of Deportation
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Dependent of certain foreign government or international organization personnel; or,
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Applicant for asylum (however, applicant filing under special ABC procedures must pay the fee)
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If filing for a replacement or renewal EAD under one of these categories, no fee is required:
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Citizen of Micronesia, Marshall Islands, or Palau
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Granted Withholding of Deportation; or,
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Dependent of certain foreign government or international organization personnel.
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If you are filing for a replacement EAD, and you are a dependent of certain foreign government or international organization personnel, no fee is required.
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If you are re-registering for TPS and concurrently filing Form I-765 for data-gathering purposes with Form I-821 but are not requesting an EAD, no fee is required
Initial Evidence and Supporting Documentation Required
You may need to provide documents that support your application. Please see the Instructions for the paper-based Form I-765.
Also see Submitting Supporting Documentation for additional information.
Concurrent E-Filing
E-Filed I-765 applications can only be concurrently e-Filed with the following applications under the following conditions:
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I-129 petition, only if you are requesting an Employment Authorization Document for the spouse of an E-1, E-2, or L-1 nonimmigrant after filling out the associated I-539 application and I-129 petition.
Please note: If you wish to concurrently e-File an I-765 with an I-129, I-539, and/or I-907, you must fill out the I-129 first.
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I-131 application, only if the I-765 beneficiary is requesting an Employment Authorization Document on the basis of an approved or pending I-485, Application to Register Permanent Residence or Adjust Status ((c)(9) Eligibility Classification).
Please note: If you wish to concurrently e-File an I-765 with an I-131, you must fill out the I-765 first.
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I-539 application, only if the I-539 beneficiary is the spouse of an E-1, E-2 or L-1 nonimmigrant (i.e., E-1 Dependant, E-2 Dependant, or L-2)
Please note: If you wish to concurrently e-File an I-765 with an I-129, I-539, and/or I-907, you must fill out the I-129 first.
Please note: If you wish to concurrently e-File an I-765 with an I-821, you must fill out the I-821 first.
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I-907 applications, only if you are requesting an Employment Authorization Document for the spouse of an E-1, E-2 or L-1 nonimmigrant after filling out the associated I-539 application, I-129 petition, and Request for Premium Processing (I-907). Please keep in mind that the 15-day processing time frame applies only to the I-129 petition.
Please note: If you wish to concurrently e-File an I-765 with an I-129, I-539, and/or I-907, you must fill out the I-129 first.
Please see Concurrent E-Filing (in the Related Links) for more information.
