Form I-765 Instructions 04/01/24 Page 1 of 26

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 4. Social Security Card Information, Item Numbers 1. - 5.

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.

Instructions for Application for 

Employment Authorization 

Department of Homeland Security 

U.S. Citizenship and Immigration Services

USCIS 

Form I-765 

OMB No. 1615-0040 

 Expires 02/28/2027

What Is the Purpose of Form I-765?

Definition

Employment Authorization Document (EAD): The EAD is the card (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.

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 are authorized to work as soon as they obtain such 

status, but may nonetheless apply for an EAD if they want further proof of employment eligibility.

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 we approve your Form I-765, USCIS will issue 

your EAD.

You must type or print your eligibility category in Part 3., Item Number 1., 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 1.

Please note that a person with a pending application for an immigration benefit or request might have a different 

category number than a person who was already granted the benefit or request. For example, a person with a 

pending asylum application may file and EAD application under category (c)(8); by contrast, the EAD category for 

a person already granted asylum is category (a)(5).

Who May File Form I-765?
Form I-765 Instructions 04/01/24 Page 2 of 26

Asylee/Refugee Categories (and their Spouses and Children)

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 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).

Your stamped Form I-94, Arrival-Departure Record;

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.

2. Paroled as a Refugee--(a)(4). File Form I-765 with a copy of your Form I-94, passport, or travel document. If you 

were not paroled as a refugee, do not file under (a)(4). Review the (c)(11) eligibility category to determine if you 

are eligible to file under that category.

3. 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 Form I-797 Notice approving your derivative asylee status based on a Form I-730 (if approved while in the 

United States).

A USCIS Asylum approval letter; an order granting asylum signed by an Executive Office for Immigration Review 

(EOIR) immigration judge (IJ); or

NOTE: If you are an asylee and have applied to adjust to lawful permanent resident status under INA section 209 

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.

5. Pending Asylum and Withholding of Removal Applicants and Applicants for Pending 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 Special Filing Instructions for Those With Pending Asylum Applications--(c)(8) in the 

Required Documentation section of these Instructions.

6. Asylum and Withholding of Deportation Applicants (with a pending Form I-589) who filed BEFORE January 

4, 1995--(c)(8)

You may file Form I-765 at any time; however, we will only grant your employment authorization if we find that your 

asylum application is not frivolous. File Form I-765 with a copy of the following documents, where applicable:

A. Your date-stamped previously filed Form I-589;

B. If you filed your Form I-589 with the former Immigration and Naturalization Service (INS), an INS 

Acknowledgement of Receipt;

C. A USCIS Asylum Interview Notice (scheduling, re-scheduling, or cancelling your asylum interview);

D. Form I-797 Notice, Fingerprint Notification (for a fingerprint appointment for your Form I-589);

E. If you filed your Form I-589 in exclusion or deportation proceedings, evidence that your Form I-589 was filed 

with EOIR;

F. If you are currently in exclusion or deportation proceedings, a copy of Form I-221, Order to Show Cause and 

Notice of Hearing, or Form I-122, Notice to Applicant for Admission Detained for Hearing Before Immigration 

Judge; or

G. Evidence that your Form I-589 remains under administrative or judicial review.
Form I-765 Instructions 04/01/24 Page 3 of 26

7. Asylum application under the ABC Settlement Agreement--(c)(8). If you are a Salvadoran or Guatemalan 

national eligible for benefits under the ABC settlement agreement, American Baptist Churches v. Thornburgh, 760 

F. Supp. 796 (N.D. Cal. 1991), you are entitled to an EAD under the ABC settlement.

Your Form I-765 will be decided within 60 days if:

1. You identify yourself as an ABC class member by selecting the box in Part 3., Item Number 4. of this 

application;

2. You pay the filing fee; and

3. You have a complete pending asylum application on file. You must have filed your asylum application 

(Form I-589) with us (former Immigration and Naturalization Service (INS) or USCIS) or with an EOIR IJ 

to receive an EAD. Therefore, submit evidence that you previously filed a complete asylum application 

when you submit Form I-765. You are not required to submit this evidence when you apply, but it will help 

us process your request more efficiently.

Nationality Categories

1. Citizen of Micronesia, the Marshall Islands, or Palau--(a)(8). File Form I-765 with evidence you were admitted to 

the United States as a citizen of the Federated States of Micronesia (CFA/FSM), the Marshall Islands (CFA/MIS), or 

Palau under agreements between the United States and the former trust territories.

2. Deferred Enforced Departure (DED)--(a)(11). File Form I-765 with evidence of your identity and nationality. If 

you are without nationality, submit evidence of your residence in the last country in which you habitually resided. 

You should also state your basis for claiming that you are covered by DED and provide evidence (if available) for 

your claim.

3. Temporary Protected Status (TPS)--(a)(12) and (c)(19). File Form I-765 with your Form I-821, Application for 

Temporary Protected Status, or evidence that we received or approved your initial or re-registration Form I-821. 

Include evidence of your nationality and identity as required by the Form I-821 Instructions. If an EOIR IJ or the 

Board of Immigration Appeals (BIA) granted you TPS, and you are requesting your first EAD or are re-registering 

for the first time, you must submit a copy of the EOIR IJ or BIA order granting you TPS with your Form I-765 (such 

as a copy of your Form I-821 that the EOIR IJ or BIA approved). You must also follow the instructions for filing 

your application as described in the most recent TPS Federal Register notice regarding a TPS designation, new 

designation (formerly called “re-designation”), or extension for your country. Please check the USCIS website at

www.uscis.gov/tps for procedures to register or re-register for TPS, including obtaining an EAD, if your country has 

been designated for TPS.

If your unexpired TPS EAD is lost, stolen, or damaged, file Form I-765 with required fees to request a replacement. 

Include a copy of your approval notice for TPS (if you have been approved) or a copy of your previous Form I-797 

Notice for Form I-821 if your TPS application is still pending.

A. Category (a)(12) EAD: We may issue you a category (a)(12) EAD if your TPS application was approved, you 

requested an EAD, and you were not previously issued a category (c)(19) EAD that runs through the current TPS 

designation or extension period for your country.

Re-registration for TPS: File your Form I-765, Form I-821, and a letter indicating that this application is for 

TPS re-registration. Include a copy (front and back) of your last available TPS document (for example, an EAD, 

Form I-94, passport, or travel document, or a Form I-797 Notice).

NOTE: To re-register for TPS, you must file Form I-821; however, you do not need to file Form I-765 if you do 

not want an EAD. If you have been approved for TPS and it has not been finally withdrawn due to individual 

ineligibility, you may apply for an EAD at any time while your country's TPS designation remains in effect. 

Please ensure that you have complied with all requirements for maintaining your TPS, such as re-registering when 

required by the Federal Register notices applicable to your country's TPS designation. Information on current 

TPS designations and re-registration is available at www.uscis.gov/tps.
Form I-765 Instructions 04/01/24 Page 4 of 26

B. Category (c)(19) EAD: A category (c)(19) EAD is a temporary benefit for TPS applicants under 8 CFR Part 244. 

We may issue you a category (c)(19) EAD if you have a pending Form I-821, and you are prima facie eligible for 

TPS.

4. Applicant for Suspension of Deportation or Cancellation of Removal--(c)(10). Applicants Who Are Eligible to 

Apply for Special Rule Suspension of Deportation or Cancellation of Removal under Nicaraguan Adjustment and 

Central American Relief Act (NACARA) Section 203: See the Instructions to Form I-881, Application for Suspension 

of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 

(NACARA)), to determine if you are eligible to apply for NACARA 203 relief.

If you are eligible to apply for NACARA 203 relief with USCIS, you may file Form I-765 together with your Form 

I-881. See our website at www.uscis.gov/I-881 for the most current information on where to file Form I-881. If you 

are eligible to file Form I-881 with EOIR, or if you have already filed Form I-881 with USCIS or EOIR, see the 

Where to File section of these Instructions.

Applicant for non-NACARA Suspension of Deportation or Cancellation of Removal: File Form I-765 with 

evidence that:

A. You are currently in immigration removal proceedings;

B. The appropriate application fees were paid or evidence of the immigration judge's order granting your fee waiver 

(See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for all information on filing fees or 

see www.justice.gov/eoir for the EOIR forms fees); and

C. Your application for Suspension of Deportation (Form EOIR-40) or Application for Cancellation of Removal and 

Adjustment of Status for Certain Nonpermanent Residents (Form EOIR-42B) has been properly filed with the 

appropriate immigration court before the current Form I-765 is filed with USCIS.

5. Dependent of TECRO E-1 Nonimmigrant--(c)(2). File Form I-765 with the required certification from the 

American Institute in Taiwan if you are the spouse or unmarried dependent son or daughter of an E-1 employee of the 

Taipei Economic and Cultural Representative Office.

Foreign Students Categories

1. F-1 Student Seeking Optional Practical Training (OPT) in a Position Directly Related to Major Area of Study

NOTE: If you are an F-1 student filing for initial or extension of OPT, please note that your OPT and your 

employment authorization will be automatically terminated if you change educational program levels or transfer to 

another school. Working in the United States without authorization may result in your removal from the United 

States or denial of re-entry. Consult your Designated School Official (DSO) for additional details.

A. Pre-Completion OPT--(c)(3)(A). File Form I-765 up to 90 days before being enrolled for one full academic year, 

provided that the period of employment will not start before you have completed one full academic year. You do 

not need to complete the one full academic year while you are in F-1 status; if you completed the one-year 

requirement while in another valid nonimmigrant status and you are now in valid F-1 status, you are eligible to 

apply for OPT. Include evidence of having been lawfully enrolled on a full-time basis for one full academic year 

at a college, university, conservatory, or seminary approved by the U.S. Immigration and Customs Enforcement 

(ICE) Student and Exchange Visitor Program (SEVP) for attendance by F-1 foreign students. Also, include all 

previously used Student and Exchange Visitor Information System (SEVIS) numbers and evidence of any 

previously authorized curricular practical training (CPT) or OPT and academic level at which each was authorized. 

You must include a Certificate of Eligibility of Nonimmigrant (F-1) Student Status (Form I-20) endorsed by the 

DSO before filing Form I-765.
Form I-765 Instructions 04/01/24 Page 5 of 26

B. Post-Completion OPT--(c)(3)(B). File Form I-765 up to 90 days before, but no later than 60 days after, your 

program end date. Use Part 8. Additional Information to provide all previously used SEVIS numbers and 

evidence of any previously authorized CPT or OPT and the academic level at which it was authorized.

NOTE: Your DSO must enter the recommendation for OPT into your SEVIS record before you file your Form 

I-765. You must file your Form I-765 within 30 days this DSO recommendation. If you fail to do so, we will 

deny your OPT request.

C. 24-Month Extension for STEM Students (Students With a Degree in Science, Technology, Engineering, or 

Mathematics)--(c)(3)(C). File Form I-765 up to 90 days before the expiration of your current OPT, if you are 

requesting a 24-month STEM extension. Include evidence the degree that is the basis for the STEM OPT 

extension is in one of the degree programs currently listed on the STEM Designated Degree Program List. 

Additionally, submit the employer's name as listed in E-Verify, along with the E-Verify Company Identification 

Number or E-Verify Client Company Identification Number for the employer with whom you are seeking the 

24-month STEM OPT extension. You must provide this information in Part 3., Items A. - C. in Item Number 

2., of Form I-765. Your DSO must enter the recommendation for a 24-month STEM OPT extension into your 

SEVIS record before you file your Form I-765. You must file your Form I-765 within 60 days of this DSO 

recommendation.

NOTE: If you are applying for a STEM OPT extension based on a previously earned STEM degree, you must 

also include a copy of your prior STEM degree and evidence that the institution is currently accredited by the U.S. 

Department of Education and certified by the SEVP.

D. F-1 Student Offered Off-Campus Employment Under the Sponsorship of a Qualifying International 

Organization--(c)(3)(ii). File Form I-765 with the international organization's letter of certification that the 

proposed employment is within the scope of its sponsorship and a copy of the Form I-20 with the employment 

page completed by the DSO certifying eligibility for employment.

E. F-1 Student Seeking Off-Campus Employment Due to Severe Economic Hardship--(c)(3)(iii). File Form 

I-765 with a copy of the Form I-20 that includes the employment page completed by the DSO certifying 

eligibility for off-campus employment due to severe economic hardship caused by unforeseen circumstances 

beyond your control. Include evidence that:

(1) You have been in F-1 status for one full academic year;

(2) You are in good standing as a student;

(3) You are carrying a full course of study;

(4) Acceptance of employment will not interfere with your carrying a full course of study;

(5) The employment is necessary to avoid severe economic hardship due to unforeseen circumstances beyond 

your control; and

(6) On-campus employment is unavailable or is not sufficient to meet the needs that have arisen due to the 

unforeseen circumstances.

F. J-2 Spouse or Minor Child of an Exchange Visitor--(c)(5). File Form I-765 with a copy of Form DS-2019, 

evidence the J-1 principal foreign national is currently maintaining status, and evidence any income from this 

employment authorization will not be used to support the J-1 principal foreign national. Also, provide evidence 

you are currently maintaining status and include evidence of all previously authorized periods of J-2 employment.

G. M-1 Student Seeking Post-Completion OPT After Completing Studies--(c)(6). File Form I-765 with a copy of 

the Form I-20 endorsed by the DSO certifying eligibility for employment together with Form I-539, Application to 

Change/Extend Nonimmigrant Status, if applicable, completed according to the Form I-539 Instructions. We must 

receive the completed forms before, but not more than 90 days before, your program end date. If applicable, your 

Form I-539 must request an extension of stay that covers the requested period of post-completion OPT and a 30-

day departure period.
Form I-765 Instructions 04/01/24 Page 6 of 26

NOTE: You may request one month of OPT for every four months of full-time study you have completed as an 

M-1 student.

Categories for Eligible Dependents of Employees of Diplomatic Missions, International Organizations, or NATO

1. Dependent of A-1 or A-2 Foreign Government Officials--(c)(1). Submit Form I-765 with Form I-566, Interagency 

Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment to or from A, G, or 

NATO Status, Dependent Employment Authorization, through your diplomatic mission to the Department of State 

(DOS). DOS will forward all favorably endorsed applications directly to USCIS for adjudication.

2. Dependent of G-1, G-3, or G-4 Nonimmigrant--(c)(4). Submit Form I-765 together with Form I-566 through your 

international organization to DOS. The United Nations (UN) and UN missions located in New York City should 

submit such applications to the U.S. Mission to the UN (USUN). DOS or USUN will forward all favorably endorsed 

applications directly to USCIS for adjudication.

3. Dependent of NATO-1 Through NATO-6--(c)(7). If you are a dependent of a North Atlantic Treaty Organization 

(NATO) nonimmigrant who is stationed at Supreme Allied Command Transformation (SACT), NATO/HQ, submit 

Form I-765 with Form I-566 to:

USLO to NATO/HQ SACT 

7857 Blandy Road, Suite 200 

Norfolk, VA 23551-2491

If you are a dependent of a NATO nonimmigrant who is stationed outside of NATO/HQ SACT, submit Form I-765 

with Form I-566 to the Defense Attaché's Office at the embassy of the NATO member that employs the foreign 

national. For more details on NATO member embassy contacts and on documents required, visit the DOS website

www.state.gov/ofm under the topic “Dependent Work Authorization.”

If you have questions regarding the process or document requirements, email OFM-EAD@state.gov.

Employment-Based Nonimmigrant Categories

1. B-1 Nonimmigrant Who Is the Personal or Domestic Servant of a Nonimmigrant Employer--(c)(17)(i). File 

Form I-765 with:

A. Evidence of your lawful B nonimmigrant status (for example, your Form I-94, passport, or other travel 

document);

B. Evidence that your employer is a B, E, F, H, I, J, L, M, O, P, Q, or TN nonimmigrant;

C. Evidence you worked for the employer for at least one year before the employer entered the United States, or 

your employer has regularly employed personal and domestic servants either year round or seasonally and has 

done so for a period of several years before coming to the United States;

D. Evidence you have worked for this employer as a personal or domestic servant for at least one year, or evidence 

you have at least one year of experience as a personal or domestic servant; and

E. Evidence establishing you have a residence abroad that you have no intention of abandoning.

2. B-1 Nonimmigrant Domestic Servant of a U.S. Citizen--(c)(17)(ii). File Form I-765 with:

A. Evidence of your lawful B nonimmigrant status (for example, your Form I-94, passport, or other travel 

document);

B. Evidence that your employer is a U.S. citizen;

C. Evidence that your employer has a permanent home abroad or is stationed outside the United States and is 

temporarily visiting the United States.
Form I-765 Instructions 04/01/24 Page 7 of 26

3. B-1 Nonimmigrant Employed by a Foreign Airline--(c)(17)(iii). File Form I-765 with:

A. Evidence of your lawful B nonimmigrant status (for example, your Form I-94, passport, or other travel 

document); and;

B. A letter from a foreign airline engaged in international transportation fully describing your duties and stating your 

position would entitle you to E nonimmigrant status except for the fact that you are not a national of the airline's 

country, or because there is no treaty of commerce and navigation in effect between the United States and that 

country.

4. Spouse of an E-1 Treaty Trader, E-2 Treaty Investor, or E-3 Specialty Occupation Professional from 

Australia--(a)(17). File Form I-765 with:

A. Evidence of your lawful E nonimmigrant status (for example, your Form I-94, passport, or other travel 

document); and

B. Evidence of your spouse's lawful E nonimmigrant status (for example, a copy of your spouse's Form I-94, 

passport, or other travel document) and your marriage certificate.

NOTE: Other relatives or dependents of E nonimmigrants in E status are not eligible for employment authorization 

and cannot file under this category.

D. Evidence that your employer employed you as a domestic servant prior to your employer's visit to the United 

States.

5. Spouse of an L-1 Intracompany Transferee--(a)(18). File Form I-765 with:

A. Evidence of your lawful L nonimmigrant status (for example, your Form I-94, passport, or other travel 

document); and

B. Evidence of your spouse's lawful L nonimmigrant status (for example, a copy of your spouse's Form I-94, 

passport, or other travel document) and your marriage certificate.

NOTE: Other relatives or dependents of L nonimmigrants in L status are not eligible for employment 

authorization and cannot file under this category.

6. Spouse of an E-2 Commonwealth of Northern Mariana Islands (CNMI) Investor--(c)(12). File Form I-765 with 

the required evidence listed under Special Filing Instructions for Spouses of E-2 CNMI Investors in the Required 

Documentation section of these Instructions.

NOTE: If you are the spouse of a principal E-2 CNMI investor who obtained status on the basis of a Foreign Retiree 

Investment Certification, you are not eligible for employment authorization and cannot file under this category.

Spouses of certain principal E-2 CNMI investors (E-2C) are eligible to seek employment in the CNMI. An EAD 

issued under this category is only valid for employment in the CNMI.

To determine if you are eligible for an EAD under this section, you must determine what type of investor certificate 

the CNMI issued to your spouse, the principal E-2 CNMI investor. If your spouse holds a Foreign Retiree Investment 

Certification, you are not eligible to receive an EAD under this category. If your spouse holds either a Long-Term 

Business Certificate or Foreign Investment Certificate, you may be eligible for an EAD under this category.

A. Documentation (such as a marriage certificate) establishing a legal marriage;

File Form I-765 with:

B. Documentation (such as divorce or death certificates) establishing the termination of any prior marriage(s) for 

both you and your current spouse (if applicable);

C. Documentation establishing that you reside in the CNMI;

D. Documentation establishing that your spouse has obtained E-2C status;

E. Documentation establishing that you have obtained E-2C status as a dependent; and

F. A copy of your spouse's CNMI-issued Long-Term Business Certificate or Foreign Investment Certificate.
Form I-765 Instructions 04/01/24 Page 8 of 26

7. Spouse of an H-1B Nonimmigrant--(c)(26). File Form I-765 along with documentation of your current H-4 admission 

or extension of stay. You must also submit documentation establishing either your spouse is the beneficiary of an 

approved Form I-140, Immigrant Petition for Alien Worker, or your spouse received H-1B status based on the 

American Competitiveness in the Twenty-First Century Act (AC21) sections 106(a) and (b). For your convenience, 

you may file Form I-765 with Form I-539. However, we will not process your Form I-765, until after we have 

adjudicated your Form I-539. You may also file Form I-765 at the same time as your Form I-539 and your H1-B 

spouse's Form I-129, Petition for a Nonimmigrant Worker. Please see the USCIS website at www.uscis.gov/I-765 for 

the most current information on where to file this benefit request.

A. Proof of Your Status. Submit a copy of your current Form I-797 Notice for Form I-539, or Form I-94 showing 

your admission as an H-4 nonimmigrant or your most recent approved extension of stay; and

B. Proof of Relationship to the Principal H-1B. Submit a copy of your marriage certificate. If you cannot submit 

a copy of your current Form I-797 Notice, Form I-94, or marriage certificate, we will consider secondary 

evidence of your relationship.

C. Basis for Work Authorization. Acceptable documentation includes:

(1) Approved Form I-140. Submit evidence the H-1B principal is the beneficiary of an approved Form I-140. 

You may show this by submitting a copy of your spouse's Form I-797 Notice for Form I-140; or

(2) H-1B Principal Received AC21 106(a) and (b) Extension. Submit evidence that your spouse has been 

admitted or granted an extension of stay under AC21 sections 106(a) and (b). You may show this by submitting 

copies of your spouse's passports, prior Form I-94s, and current and prior Form I-797 Notices for Form I-129. 

In addition, submit evidence to establish one of the following bases for the H-1B extension of stay.

(a) Based on Filing of a Permanent Labor Certification Application. Submit evidence your spouse is the 

beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the 

date the period of admission authorized under AC21 sections 106(a) and (b) took effect. You may show 

this by submitting a print out from the Department of Labor's (DOL) website or other correspondence 

from DOL showing the status of your spouse's Permanent Labor Certification Application. If DOL 

certified the Permanent Labor Certification, you must also submit a copy of Form I-797 Notice for Form 

I-140 establishing the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor 

Certification; or

(b) Based on a Pending Form I-140. If the preference category sought for the principal H-1B spouse does 

not require a Permanent Labor Certification Application with DOL, submit evidence your spouse's Form 

I-140 was filed at least 365 days prior to the date the period of admission authorized under AC21 sections 

106(a) and (b) took effect. You may show this by submitting a copy of the Form I-797 Notice for Form 

I-140.

(c) Secondary Evidence. If you do not have the evidence listed in Items (a) or (b) above, you may ask us to 

consider secondary evidence in support of your application for employment authorization as an H-4 

spouse. For example, in establishing the Basis for Employment Authorization as described in Items (1) 

and (2), you may submit the receipt number of your spouse's most current Form I-129 extension of stay 

or Form I-140 approved on your spouse's behalf.

Failure to provide the evidence listed above or secondary evidence may result in the delay or denial of 

your Form I-765. For additional information on secondary evidence, see Evidence in the General 

Instructions section of these Instructions.
Form I-765 Instructions 04/01/24 Page 9 of 26

8. Principal Beneficiary of an Approved Employment-Based Immigrant Petition Facing Compelling 

Circumstances--(c)(35). File Form I-765 with documents showing that you are eligible for an initial grant or a 

renewal of employment authorization under the (c)(35) eligibility category.

A. Initial Application: If this is your first application for compelling circumstances employment authorization 

under the (c)(35) eligibility category, and an immigrant visa number is not yet available to you, you may be 

eligible if:

(1) You have NOT filed Form I-485;

(2) You have a Form I-140 approved on your behalf;

(3) You are in the United States in a valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status; and

(4) You face compelling circumstances.

See Item C. Supporting Evidence by Principal below for more information regarding what documents to 

submit with your application, including additional requirements where you have been convicted of certain 

crimes.

B. Renewal Application: If you already have employment authorization under the (c)(35) eligibility category, you 

may be eligible for renewal if:

(1) You have a Form I-140 approved on your behalf;

(2) Either:

You face compelling circumstances and an immigrant visa is not authorized for issuance based on your 

priority date according to the relevant Final Action Date in the Department of State Visa Bulletin in effect 

on the date you file the application for a renewal of employment authorization; OR

The difference between your priority date and the Final Action Date for your preference category and 

country of chargeability is one year or less according to the Department of State Visa Bulletin in effect on 

the date your renewal application is filed. This means that your priority date cannot be more than one year 

earlier or one year later than the Department of State cut-off date in the Visa Bulletin applicable to your 

preference category and country of chargeability in effect on the date your renewal application is filed. If 

this is the basis for your renewal application, you do not need to show compelling circumstances; 

AND

(3) You file your renewal application on Form I-765 with USCIS before your current employment authorization 

expires. You are not required to be in a valid nonimmigrant status when you file your renewal application.

See Item C. Supporting Evidence by Principal below for more information regarding what documents 

to submit with your application, including additional requirements where you have been convicted of 

certain crimes.

C. Supporting Evidence by Principal

(1) Proof You Are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 Nonimmigrant Status. For initial 

applications, submit a copy of your Arrival-Departure Record (Form I-94) showing your admission as an E-3, 

H-1B, H-1B1, O-1, or L-1 nonimmigrant, or a copy of your current Form I-797 Notice for Form I-129.

(2) Proof of Your Approved Form I-140. For initial and renewal applications, submit a copy of a Form I-797 

Notice for Form I-140 showing the Immigrant Petition has been approved on your behalf.

(3) Evidence You Are Facing Compelling Circumstances While You Wait for Your Immigrant Visa to 

Become Available. For initial and, if applicable, renewal applications based on compelling circumstances, 

USCIS will review the documents you provide to determine, in its discretion, whether you have established 

compelling circumstances. USCIS makes this discretionary determination on a case-by-case basis according 

to the documents submitted and the totality of the record. You should submit any credible evidence you 

believe supports your claim of compelling circumstances.
Form I-765 Instructions 04/01/24 Page 10 of 26

(4) Secondary Evidence. If you do not have the evidence listed in Items (1) or (2) above, you may ask us to 

consider secondary evidence in support of your application for employment authorization. For additional 

information on secondary evidence, see Evidence in the General Instructions section of these Instructions.

(5) Proof of Arrests and Conviction. For initial and renewal applications, you must submit documentation of 

any arrests and/or convictions. If you were ever convicted of a felony or two or more misdemeanors, you 

cannot be granted employment authorization under this eligibility category. USCIS will make the 

determination as to whether your crimes fall into either of these categories. You must, however, provide 

information and any supporting documentation on all crimes which you were convicted of so USCIS can 

make an appropriate decision. Provide certified copies of all arrest reports, court dispositions, sentencing 

documents, and any other relevant documents.

NOTE: USCIS may, in its discretion, deny your application if you have been arrested and/or convicted of 

any crime.

D. Traffic Violations and Arrests

Do not select the “Yes” box for Part 3., Item B. in Item Number 3., on the application or submit documentation 

if you only have had minor traffic violations. Minor traffic violations do NOT include violations that are alcoholor drug-related. If you were ARRESTED for any traffic offense, select the “Yes” box for Item B. in Item 

Number 3. on the application and provide arrest and disposition documentation so USCIS can properly assess 

whether your arrest and/or conviction may affect your employment authorization eligibility.

NOTE: Provide the conviction and disposition documentation even if your records were sealed, expunged, 

or otherwise cleared. You must provide the documentation even if anyone, including a judge, law enforcement 

officer, or attorney told you that you no longer have a record or that you do not have to disclose the information.

Failure to provide the evidence listed above or secondary evidence may result in the delay or denial of your 

application for employment authorization.

9. Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-Based Immigrant 

Petition--(c)(36). File Form I-765 along with supporting documentation for an initial grant or a renewal of 

employment authorization under the (c)(36) eligibility category. You may file your application WITH your spouse's 

or parent's application under (c)(35). You may file your application while your spouse's or parent's application under 

(c)(35) is PENDING or AFTER your spouse's or parent's application has been approved by USCIS. If filing with 

your spouse's or parent's application, USCIS will not adjudicate your Form I-765 until after USCIS has adjudicated 

your spouse's or parent's Form I-765.

A. Initial Application: If this is your first application for employment authorization under the (c)(36) eligibility 

category, you may be eligible if:

(1) You are the spouse or unmarried child of an individual who is filing or who has been approved for compelling 

circumstances employment authorization under (c)(35) (See Proof of Relationship to the Principal 

Beneficiary of the Approved Form I-140 section below);

(2) Your spouse's or parent's application for compelling circumstances employment authorization under (c)(35) 

has been approved or is pending with USCIS (not required if you are filing your application at the same time 

as your spouse's or parent's application under (c)(35)); and

(3) You are in a valid nonimmigrant status when your spouse or parent applies for initial employment 

authorization under the (c)(35) eligibility category.

See Item C. Supporting Evidence by Spouse or Unmarried Child below for more information regarding 

what documents to submit with your application, including additional requirements if you have been 

arrested or convicted.
Form I-765 Instructions 04/01/24 Page 11 of 26

B. Renewal Application: You may be eligible to renew your application under the (c)(36) eligibility category if:

(1) You file Form I-765 before your current employment authorization expires;

(2) You are the spouse or unmarried child of an individual who is filing or who has been approved for compelling 

circumstances employment authorization under (c)(35) (See Proof of Relationship to the Principal 

Beneficiary of the Approved Form I-140 below); and

(3) Your spouse's or parent's application for compelling circumstances employment authorization under (c)(35) 

has been approved or is pending with USCIS (not required if you are filing your application at the same time 

as your spouse's or parent's renewal application under (c)(35)).

You do not have to be in a valid nonimmigrant status when you file your renewal application.

See Item C. Supporting Evidence by Spouse or Unmarried Child below for more information regarding 

what documents to submit with your application, including additional requirements if you have been 

arrested or convicted.

(1) Proof of Your Nonimmigrant Status. For initial applications only, submit a copy of your Arrival-Departure 

Record (Form I-94) showing your admission as a nonimmigrant, a copy of your current Form I-797 Notice 

for Form I-129, or a copy of your current Form I-797 Notice for Form I-539.

C. Supporting Evidence by Spouse or Unmarried Child

(2) Proof of Relationship to the Principal Beneficiary of the Approved Form I-140. For initial and renewal 

applications, if you are applying as the spouse of a principal beneficiary of an approved Form I-140, submit a 

copy of the marriage certificate and if applicable, copies of documents showing the legal termination of all 

other marriages by you or your spouse. If you are applying as the child of a principal beneficiary of an 

approved Form I-140, submit a copy of your birth certificate or other documents to demonstrate you qualify 

as the principal beneficiary's child. If you cannot submit a copy of your marriage certificate or birth 

certificate, USCIS will consider secondary evidence.

(3) Proof the Spouse or Parent Principal Beneficiary Was Granted or Has Applied for Employment 

Authorization Under Eligibility Category (c)(35). For initial and renewal applications, if you submit your 

Form I-765 after your spouse or parent receives employment authorization under eligibility category (c)(35), 

submit a copy of your spouse's or parent's employment authorization document or submit a copy of your 

spouse's or parent's Form I-797 Notice for Form I-765.

(4) Secondary Evidence. If you do not have the evidence listed in Items (1), (2), or (3) above, you may ask us 

to consider secondary evidence in support of your application for employment authorization. For additional 

information on secondary evidence, see Evidence in the General Instructions section of these Instructions.

(5) Proof of Arrests and Convictions. For initial and renewal applications, you must submit documentation of 

any arrests and/or convictions. If you were ever convicted of a felony or two or more misdemeanors, you 

cannot be granted employment authorization under this eligibility category. USCIS will make the 

determination as to whether your crimes fall into either of these categories. You must, however, provide 

information and any supporting documentation on all crimes you were convicted of so USCIS can make an 

appropriate decision. Provide certified copies of all arrest reports, court dispositions, sentencing documents, 

and any other relevant documents.

If your spouse's or parent's application under (c)(35) is pending when you file your Form I-765, submit a 

copy of your spouse's or parent's Form I-797 Notice for the pending Form I-765. USCIS will not adjudicate 

your Form I-765 until USCIS has adjudicated your spouse's or parent's Form I-765.

NOTE: USCIS may, in its discretion, deny your application if you have been arrested and/or convicted of any crime.
Form I-765 Instructions 04/01/24 Page 12 of 26

D. Traffic Violations and Arrests

Do not select the “Yes” box for Part 3., Item B. in Item Number 5., on the application or submit documentation 

if you only have had minor traffic violations. Minor traffic violations do NOT include violations that are alcoholor drug-related. If you were ARRESTED for any traffic offense, select the “Yes” box for Item Number B. in 

Item Number 5. on the application and provide arrest and disposition documentation so USCIS can properly 

assess whether your arrest and/or conviction may affect your employment authorization eligibility.

NOTE: Provide the conviction and disposition documentation even if your records were sealed, expunged, 

or otherwise cleared. You must provide the documentation even if anyone, including a judge, law enforcement 

officer, or attorney, told you that you no longer have a record or that you do not have to disclose the information.

Failure to provide the evidence listed above or secondary evidence may result in the delay or denial of your 

application for employment authorization.

Department of State Visa Bulletin. USCIS will adjudicate all applications for initial or renewal employment 

authorization according to the Visa Bulletin in effect on the date the application is filed. To see the current Visa 

Bulletin, please go to https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html and click the link 

to the Visa Bulletin.

Priority Dates. For more information about priority dates, please visit our Visa Availability and Priority Dates 

website at www.uscis.gov.

Filing Location. Please see the USCIS website at www.uscis.gov/i-765 for the most current information on where to 

file your application for initial or renewal employment authorization under the (c)(35) or (c)(36) eligibility categories.

Family-Based Nonimmigrant Categories

1. K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent--(a)(6). File Form I-765 along with evidence of 

your admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa. You are 

only authorized to work under this category during your 90 days in K-1 or K-2 status. You cannot renew this EAD.

2. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File Form I-765 along with evidence of your 

admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa.

3. Family Unity Program IMMACT 90--(a)(13). If you are filing for initial or extension of family unity benefits, 

complete and submit Form I-817, Application for Family Unity benefits, according to the filing instructions on Form 

I-817. We will issue an EAD if we approve your Form I-817. No Form I-765 is necessary, unless you are filing for 

replacement of a non-expired lost, stolen, damaged, or incorrect card.

4. LIFE Act Family Unity--(a)(14). If you are applying for initial or extension of employment authorization under 

section 1504 of the LIFE Act Amendments, complete and submit Form I-817. We will issue an EAD if we approve 

your Form I-817; no Form I-765 is necessary unless you are filing for replacement of a non-expired lost, stolen, 

damaged, or incorrect card.

5. V-1, V-2, or V-3 Nonimmigrant--(a)(15). If you are in V status, file Form I-765 with evidence of your V status (for 

example, an approval notice, or your Form I-94.). If you are in the United States but you have not yet filed an 

application for V status, you may file Form I-765 at the same time as you file your application for V status. We will 

adjudicate this application after adjudicating your application for V status.
Form I-765 Instructions 04/01/24 Page 13 of 26

Adjustment of Status Categories

1. Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to 

Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your Form I-485 receipt 

notice or other evidence that your Form I-485 is pending. If you have filed your Form I-485 with EOIR, you must 

submit proof that you are currently in immigration proceedings, that you have properly filed Form I-485 with the 

immigration court, and that the Form I-485 remains pending, before filing Form I-765 with USCIS.

2. Renewal EAD for National Interest Waiver Physicians--(c)(9): If you are requesting a renewal EAD based on 

your pending adjustment of status application and an approved National Interest Waiver Physician petition, you must 

also include evidence of your meaningful progress toward completing the National Interest Waiver obligation (for 

example, documentation of employment in any period during the previous year, such as copies of W-2 forms). If you 

did not work as a National Interest Waiver Physician during any period of the previous year, you must explain why 

and provide a statement of future intent to work as a physician in a qualifying location.

3. Registry Applicant Based on Continuous Residence Since January 1, 1972--(c)(16). File Form I-765 together 

with your Form I-485 or, if filing separately, submit a copy of your Form I-485 receipt notice or other evidence that 

your Form I-485 is pending.

NOTE: If you are an asylee or refugee and have applied to adjust to lawful permanent resident status on Form I-485, 

file Form I-765 under category (a)(5) as an asylee or (a)(3) as a refugee. Do not file under eligibility category (c)(9). 

You will need to pay the filing fee or obtain a fee waiver for Form I-765 if your Form I-485 is still pending with 

USCIS and this is not your first EAD as a refugee or asylee and you did not pay the Form I-485 filing fee for any

reason. See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for all information on filing 

fees.

Other Categories

1. Legalization Temporary Resident Pursuant to INA Sections 245A or 210--(a)(2). File Form I-765 with a copy of 

your approval notice for Form I-687, Application for Status as a Temporary Resident Under Section 245A of the 

INA, or other evidence that your Form I-687 is approved; OR File Form I-765 with a copy of your approval notice 

for Form I-700, Application for Status as a Special Agricultural Worker, or other evidence that your Form I-700 is 

approved. No Form I-765 is necessary, unless you are filing for replacement of a non-expired lost, stolen, damaged, 

or incorrect card.

2. N-8 or N-9 Nonimmigrant--(a)(7). File Form I-765 with evidence of your lawful N nonimmigrant status (for 

example, your Form I-94, passport, or other travel document).

3. Applicant for Legalization Pursuant to INA Section 210--(c)(20). File Form I-765 with a copy of your receipt 

notice for Form I-700, Application for Status as a Temporary Resident Under Section 210 of the INA, or other 

evidence that your Form I-700 is pending.

4. Applicant for Legalization Pursuant to INA Section 245A--(c)(22). File Form I-765 with a copy of your receipt 

notice for Form I-687, Application for Status as a Temporary Resident Under Section 245A of the INA, or Form 

I-698, Application to Adjust Status from Temporary to Permanent Resident Under Section 245A of the INA, or other 

evidence that your Form I-687 is pending.

5. Parole--(c)(11). File Form I-765 with a copy of your valid, unexpired Form I-94, passport, or other travel document 

showing you were paroled into the United States for urgent humanitarian reasons or reasons of significant public 

benefit.

6. Deferred Action--(c)(14). File Form I-765 with a copy of the order, notice, or other document reflecting the grant of 

deferred action and proof that you have an economic necessity to work. We will consider whether you have an 

economic necessity to work by reviewing your current annual income, your current annual expenses, and the total 

current value of your assets. Provide this financial information on Form I-765WS, Form I-765 Worksheet. If you 

would like to provide an explanation, complete Part 3. Explanation of the worksheet. Supporting evidence is not 

required, but USCIS will accept and review any documentation that you submit. You do not need to include other 

household members' financial information to establish your own economic necessity.
Form I-765 Instructions 04/01/24 Page 14 of 26

7. Consideration of Deferred Action for Childhood Arrivals--(c)(33).

A. You must file Form I-765 with Form I-821D, Consideration of Deferred Action for Childhood Arrivals, if you 

meet the guidelines described in the Form I-821D Instructions. Enter (c)(33) in Part 3., Item Number 1., as the 

eligibility category under which you are applying.

You must file Form I-765 Worksheet to demonstrate that you have an economic necessity to work. We will 

consider whether you have an economic necessity to work by reviewing your current annual income, your current 

annual expenses, and the total current value of your assets. Provide this financial information on Form I-765WS. 

If you would like to provide an explanation, complete Part 3. Explanation of the worksheet. Supporting 

evidence is not required, but USCIS will accept and review any documentation that you submit. You do not need 

to include other household members' financial information to establish your own economic necessity.

8. Final Order of Deportation or Removal, including those granted Deferral of Removal under the Convention 

Against Torture--(c)(18). File Form I-765 with a copy of the EOIR IJ's Order of Removal and Form I-220B, Order 

of Supervision. Additional factors that may be considered include, but are not limited to, the following:

9. LIFE Legalization Applicant--(c)(24). File Form I-765 with evidence that you were a Catholic Social Services 

(CSS), League of United Latin American Citizens (LULAC), or Zambrano class member applicant before October 1, 

2000 and a copy of the Form I-797 Notice or other evidence that your Form I-485 is pending.

10. T-1 Nonimmigrant--(a)(16). If you are filing Form I-914, Application for T Nonimmigrant Status, and request an 

EAD as part of your application, you do not need to file Form I-765. If you are currently in T-1 nonimmigrant status 

and did not request an EAD when you filed your Form I-914, you may file Form I-765 to request an EAD. If you 

were granted T-1 nonimmigrant status and want to request a replacement of an EAD, file Form I-765 along with 

evidence of your T-1 nonimmigrant status (for example, an approval notice).

A. Existence of a dependent spouse and/or children in the United States who rely on you for support;

B. Existence of economic necessity to be employed; and

C. Anticipated length of time before you can be removed from the United States.

If you have filed Form I-539 to extend your T-1 nonimmigrant status, you may file Form I-765 to request a renewal of 

your EAD, along with evidence of your T nonimmigrant status (for example, an approval notice). You may file Form 

I-765 together with Form I-539 or after we approve your Form I-539. If you file Form I-765 after we approve your 

Form I-539, submit a copy of your I-539 approval notice.

11. T-2, T-3, T-4, T-5, or T-6 Nonimmigrant--(c)(25). File Form I-765 along with proof of your derivative T 

nonimmigrant status. If you obtained derivative T nonimmigrant status while in the United States, you must submit a 

copy of the approval notice for your T nonimmigrant status. If you were admitted to the United States as a T 

nonimmigrant, you must submit a copy of your passport with your T nonimmigrant visa. If you were granted 

derivative T nonimmigrant status and want to request replacement of an EAD, file Form I-765 along with evidence of 

your derivative T nonimmigrant status (for example, an approval notice).

If you (or the T-1 principal foreign national) filed Form I-539 to extend your T-2, T-3, T-4, T-5, or T-6 nonimmigrant 

status in conjunction with an extension of the principal T-1 nonimmigrant's status, you may file Form I-765 to request 

an initial or renewal EAD, along with evidence of your nonimmigrant status (for example, an approval notice or copy 

of your passport with your T nonimmigrant visa). You may also file Form I-765 together with Form I-539 or after we 

approve your Form I-539. If you file Form I-765 after we approve your Form I-539, submit a copy of your Form I-539 

approval notice.

NOTE: Derivative family members of T-1 nonimmigrants living outside the United States are not eligible to receive 

an EAD until they lawfully enter the United States. If you are a derivative family member who is outside the United 

States, do not file Form I-765.
Form I-765 Instructions 04/01/24 Page 15 of 26

12. T Nonimmigrant Adjustment of Status--(c)(9). If you filed Form I-485 to adjust your status from a T-1, T-2, T-3, T-4, 

T-5, or T-6 nonimmigrant to a lawful permanent resident, you may file Form I-765 together with Form I-485 if you are 

seeking an EAD. You should also include evidence of your T nonimmigrant status (for example, an approval notice or 

copy of your passport with your T nonimmigrant visa). If you file Form I-765 after filing Form I-485, submit a copy of 

your Form I-485 receipt notice. While your Form I-485 is pending, we will extend T nonimmigrant status until a 

decision is made on your Form I-485.

13. U-1 Nonimmigrant--(a)(19). If you are currently residing in the United States and your Form I-918, Petition for U 

Nonimmigrant Status, is approved, you will receive employment authorization incident to status and USCIS will send 

you an EAD as evidence of that authorization. You do not need to file Form I-765. If you resided outside the United 

States when your Form I-918 was approved, you must file Form I-765 with USCIS when you enter the United States. 

You must submit a copy of your passport with your U nonimmigrant visa.

If we granted your U nonimmigrant status and you want to request a replacement of an EAD, file Form I-765 along 

with evidence of your U nonimmigrant status (for example, an approval notice).

If you have filed Form I-539 to extend your U-1 nonimmigrant status, you may file Form I-765 to request a renewal 

of your EAD, along with evidence of your U-1 nonimmigrant status (for example, an approval notice). You may file 

Form I-765 together with Form I-539 or after we approve your Form I-539. If you file Form I-765 after we approve 

your Form I-539, submit a copy of your I-539 approval notice.

NOTE: U-1 nonimmigrants living outside the United States are not eligible to receive an EAD until they lawfully 

enter the United States. If you have an approved Form I-918 but are outside the United States, do not file Form I-765 

until you have entered the United States.

NOTE: If the statutory cap is reached within a fiscal year and USCIS uses the waiting list process described at 

8 CFR 214.14(d)(2), U-1 petitioners for U nonimmigrant status in the United States can file Form I-765 to apply for 

an EAD based on deferred action ((c)(14)). An application for employment authorization based on deferred action 

can only be approved after DHS has issued deferred action in your case, regardless of when Form I-765 is filed.

If you (or the principal U-1 nonimmigrant) filed Form I-539 to extend your U-2, U-3, U-4, or U-5 nonimmigrant 

status, you may file Form I-765 to request an initial or renewal EAD, along with evidence of your nonimmigrant 

status (for example, an approval notice or copy of your passport with your U nonimmigrant visa). You may file Form 

I-765 together with Form I-539 or after we approve your Form I-539. If you file Form I-765 after we approve your 

Form I-539, submit a copy of your Form I-539 approval notice.

14. U-2, U-3, U-4, or U-5--(a)(20). You may file Form I-765 at the same time as Form 918, Supplement A, Petition for 

Qualifying Family Member of U-1 Recipient, or you may file Form I-765 at a later time. If USCIS has granted you 

derivative U nonimmigrant status, file Form I-765 along with proof of your derivative U nonimmigrant status. If you 

obtained derivative U nonimmigrant status while in the United States, you must submit a copy of the approval notice 

for that status. If you were admitted to the United States as a U nonimmigrant, you must submit a copy of your 

passport with your U nonimmigrant visa.

NOTE: If the statutory cap is reached within a fiscal year and USCIS uses the waiting list process described at 

8 CFR 214.14(d)(2), derivative family members of U-1 petitioners for U nonimmigrant status in the United States can 

file Form I-765 to apply for an EAD based on deferred action ((c)(14)). An application for employment authorization 

based on deferred action can only be approved after DHS has issued deferred action in your case, regardless of when 

Form I-765 is filed.

NOTE: Derivative family members of U-1 nonimmigrants living outside the United States are not eligible to receive 

an EAD until they lawfully enter the United States. If you are a derivative family member who is outside the United 

States, do not file Form I-765.
Form I-765 Instructions 04/01/24 Page 16 of 26

15. U Nonimmigrant Adjustment of Status--(c)(9). If you filed Form I-485 to adjust your status from a U-1, U-2, U-3, 

U-4, or U-5 Nonimmigrant to a lawful permanent resident, you may file Form I-765 along with Form I-485 if you are 

seeking an EAD. You should also include evidence of your U nonimmigrant status (for example, an approval notice 

or copy of your passport with your U nonimmigrant visa). If you file Form I-765 after filing your Form I-485, submit 

a copy of your Form I-485 receipt notice. While your Form I-485 is pending, we will extend your U nonimmigrant 

status until we make a decision on your Form I-485.

16. VAWA Self-Petitioners--(c)(31). If you are the self-petitioner or derivative child of an approved Form I-360, 

Petition for Amerasian, Widow(er), or Special Immigrant, filed as a VAWA self- petitioner and residing in the United 

States, you are eligible for work authorization. If you are filing a Form I-360 VAWA self-petition, and request an 

initial EAD on Form I-360 as the principal beneficiary of the self-petition, you do not need to file Form I-765. 

Principal beneficiaries of an approved VAWA self-petition seeking a renewal or replacement EAD, and derivative 

children seeking an EAD must use Form I-765. File Form I-765 with evidence of the principal beneficiary's approved 

Form I-360 VAWA self- petition (for example, a copy of the VAWA self-petition approval notice).

17. A-3 or G-5 Nonimmigrant--(c)(14). If you have filed a pending civil action against your employer because your 

employer violated the terms of your employment contract or conditions of your employment, you may file Form 

I-765 to request deferred action and receive work authorization. File Form I-765 with a copy of the civil complaint 

filed in court and proof of lawful admission into the United States in A-3 or G-5 status (for example, a copy of your 

passport with your A-3 or G-5 nonimmigrant visa). If you are requesting renewal after your initial employment 

authorization is granted, file Form I-765 with evidence that the civil case is still pending (for example, a recent court 

docket update).

General Instructions

We provide free forms through the USCIS website. To view, print, or complete our forms, you should use the latest 

version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have internet 

access, you may call the USCIS Contact Center and ask that we mail a form to you.

Signature. You (or your signing authority) must properly complete your application. USCIS will not accept a stamped 

or typewritten name in place of any signature on this application. If you are under 14 years of age, your parent or legal 

guardian may sign the application on your behalf. A legal guardian may also sign for a mentally incompetent person. If 

your application is not signed, or if the signature is not valid, we will reject your application. See 8 CFR 103.2(a)(7)(ii)(A). 

If USCIS accepts a request for adjudication and determines that it has a deficient signature, USCIS may deny the request.

Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of an original handwritten signature 

as valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink 

signature.

Filing Fee. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to 

this form.

Evidence. When you file your application, you must submit all evidence and supporting documents listed in the 

Required Documentation and/or Specific Instructions sections of these Instructions.

Biometric Services Appointment. USCIS may require you to appear for an interview or provide biometrics 

(fingerprints, photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct 

background and security checks, including a check of criminal history records maintained by the Federal Bureau of 

Investigation (FBI), before making a decision on your application or petition. If we determine that a biometric services 

appointment is necessary, we will send you an appointment notice with the date, time, and location of your appointment. 

If you are currently overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office 

outside the United States to schedule an appointment.
Form I-765 Instructions 04/01/24 Page 17 of 26

1. You provided or authorized all information in the application;

At your biometrics appointment, you must sign an oath reaffirming that:

2. You reviewed and understood all of the information contained in, and submitted with, your application; and

3. All of this information was complete, true, and correct at the time of filing.

If you do not attend your biometric services appointment, we may deny your application.

Copies. You should submit legible photocopies of requested documents unless the Instructions specifically instruct you 

to submit an original document. USCIS may request an original document at any time during our process. If we request 

an original document from you, we will return it to you after USCIS determines it no longer needs the original.

NOTE: If you submit original documents when they are not required or requested, USCIS may destroy them after we 

receive them.

Translations. If you submit a document with information in a foreign language, you must also submit a full English 

translation. The translator must sign a certification that the English language translation is complete and accurate, and 

that they are competent to translate from the foreign language into English. The certification must also include their 

signature, printed name, the signature date, and their contact information.

How To Complete Form I-765

1. Type or print legibly in black ink.

2. If you need extra space to complete any item within this application, use the space provided in Part 8. Additional 

Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) 

(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer 

refers; and sign and date each sheet.

3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been 

married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise 

directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many 

children do you have” or “How many times have you departed the United States”), type or print “None” unless 

otherwise directed.

4. Your application must be properly completed, signed, and filed. You must include all pages when you file Form 

I-765, even if the pages do not apply to you and are unanswered.

USCIS Contact Center. For additional information on the application and Instructions about where to file, change of 

address, and other questions, visit the USCIS Contact Center at www.uscis.gov/contactcenter or call at 800-375-5283

(TTY 800-767-1833). The USCIS Contact Center provides information in English and Spanish.

Disability Accommodations/Modifications. To request a disability accommodation/modification, follow the 

instructions on your appointment notice or at www.uscis.gov/accommodationsinfo.

5. USCIS Online Account Number. You will only have a USCIS Online Account Number (OAN) if you previously 

filed a form that has a receipt number that begins with IOE. If you filed the form online, you can find your OAN in 

your account profile. If you mailed us the form, you can find your OAN at the top of the Account Access Notice we 

sent you. If you do not have a receipt number that begins with IOE, you do not have an OAN. The OAN is not the 

same as an A-Number. 
Form I-765 Instructions 04/01/24 Page 18 of 26

Specific Instructions

Part 1. Reason for Applying

You must select one Item Number that best describes your reason for applying:

Item Number A. Initial employment authorization document.

Item Number B. Replacement of a lost, stolen, or damaged EAD, or correction of your EAD not due to USCIS error. 

Indicate the reason for which you are requesting a replacement document. Select only one of the options.

NOTE: Replacement (correction) of an employment authorization document due to USCIS error does not require a new 

Form I-765 and filing fee. See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for all 

information on filing fees.

Item Number C. Renewal of your employment authorization document. If you select Item Number C., attach a copy of 

your previous EAD.

Item Numbers 1. Your Full Legal Name. Provide your full legal name as shown on your birth certificate or legal 

change of name document in the spaces provided.

Item Numbers 2. Other Names Used. Provide all other names you have ever used, including aliases, maiden name, and 

nicknames. If you need extra space to complete this section, use the space provided in Part 8. Additional Information. 

Submit evidence of any other names you have ever used, for example, a birth certificate, marriage certificate, divorce 

documents, government ID, or passport identity page.

Item Numbers 3. - 4. Your U.S. Mailing Address or Safe Mailing Address. You must provide a valid mailing address 

in the United States. You may list a valid U.S. residence, APO, or commercial address. You may also list a U.S. Post 

Office address (PO Box) if that is how you receive your mail. If your mail is sent to someone other than yourself, please 

include an “In Care Of Name” as part of your mailing address. If your U.S. mailing address is in a U.S. territory and it 

contains an urbanization name, list the urbanization name in the “In Care Of Name” space provided. We will send your 

EAD to this address. Do not use your attorney's or other legal representative's address unless you want your EAD sent to 

their address.

Part 2. Information About You

NOTE: If you have a pending or approved petition or application based on the Violence Against Women Act (VAWA), 

as a human trafficking victim (T nonimmigrant), or as a victim of a qualifying crime (U nonimmigrant) and you do not 

feel safe receiving mail about this application at your home address, provide a safe mailing address in Part 2., Item 

Number 3., and select the box in Item Number 4. Only select “Yes” in Item Number 4. if this section is applicable to 

you, otherwise select “No.” The safe mailing address may be a post office box; the address of a friend, your attorney, or a 

community-based organization that is helping you; or any other address where you can safely and promptly receive mail. 

If you have an attorney or accredited representative, you may also direct USCIS to send your correspondence and 

EAD to your attorney's business address by selecting the applicable items on Form G-28, Notice of Entry of Appearance 

as Attorney or Accredited Representative, Part 4. If your safe mailing address is not the same as the address where you 

currently reside, provide your U.S. physical address in Item Number 6.

Item Numbers 5. - 6. U.S. Physical Address. Provide your physical address if it is different from your mailing address.

Item Number 7. Alien Registration Number (A-Number) (if any). Provide your A-Number. We use your A-Number 

to identify your immigration records. It begins with an “A” and can be found on correspondence you have received from 

the Department of Homeland Security (DHS) or USCIS. If you do not have an A-Number, type or print “N/A.”

Item Number 9. Gender. Select the box that indicates whether you are male or female.
Form I-765 Instructions 04/01/24 Page 19 of 26

Item Number 10. Marital Status. Select the box that describes the marital status you have on the date you file Form 

I-765.

Item Number 11. Place of Birth. Enter the name of the city, town, or village; state or province; and country where you 

were born. Type or print the name of the country as it was named when you were born, even if the country's name has 

changed or the country no longer exists.

Item Number 12. Date of Birth. Enter your date of birth in mm/dd/yyyy format in the space provided. For example, 

type or print October 5, 1967, as 10/05/1967.

Item Number 13. Country or Countries of Citizenship or Nationality. Provide the name of the country where you are 

a citizen and/or national. This is not necessarily the country where you were born. If you do not have citizenship in any 

country, type or print “stateless” and provide an explanation in Part 8. Additional Information.

Item Numbers 14. Previous Application for Employment Authorization from USCIS. If you have applied for 

employment authorization in the past, select “Yes” for Item Number 14. Provide copies of your previous EADs, if available.

Item Number 15. Form I-94 Arrival/Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS 

issued you a Form I-94, Arrival/Departure Record, provide your Form I-94 number and date that your authorized period 

of stay expires or expired (as shown on your Form I-94). The Form I-94 number also is known as the Departure Number 

on some versions of Form I-94.

NOTE: If CBP admitted you into the United States at an airport or seaport after April 30, 2013, they may have issued 

you an electronic Form I-94 instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain 

a paper version of your electronic Form I-94. CBP does not charge a fee for this service. Some travelers may also be 

able to obtain a replacement Form I-94 from the CBP website for free if they were admitted to the United States at a land 

border, airport, or seaport after April 30, 2013, with a passport or travel document and received a paper Form I-94 from 

CBP. If you cannot obtain your Form I-94 from the CBP website, you may obtain it by filing Form I-102, Application for 

Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for Form I-102. 

See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form.

Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, enter 

the passport or travel document information in the appropriate space on the application, even if the passport or travel 

document is currently expired.

Item Number 16. Date of Your Last Arrival Into the United States, On or About. Provide the date on which you last 

entered the United States in mm/dd/yyyy format.

Item Number 17. Place of Your Last Arrival Into the United States. Provide the location where you last entered the 

United States.

Item Number 18. Immigration Status at Your Last Arrival. Provide the letter and number that correlates with your 

status when you last entered the United States. For example, if you last entered the United States as a temporary visitor 

for pleasure, B-2, type or print “B-2 visitor” in the space provided.

Item Number 20. Student and Exchange Visitor Information System (SEVIS) Number (if any). If you were issued a 

SEVIS number, enter it in the space provided.

Item Number 19. Your Current Immigration Status or Category. Provide your current immigration status. For 

example, if your current status is student academic, F-1, type or print “F-1 student” in the space provided.
Form I-765 Instructions 04/01/24 Page 20 of 26

Item Number 1. Eligibility Category. Refer to the list of the eligibility categories in the Who May File Form I-765 

section of these Instructions. Find your eligibility category, and enter it in the space provided.

Item Number 2. (c)(3)(C) STEM OPT Eligibility Category. If you entered eligibility category (c)(3)(C) in Item 

Number 1., provide your degree level and major (for example, Bachelor's degree in English), your employer's name as 

listed in E-Verify, your employer's E-Verify Company Identification Number, or E-Verify Client Company Identification 

Number in the spaces provided.

Part 3. Information About Your Eligibility Category

Item Number 3.A. (c)(8) Eligibility Category. If you entered the (c)(8) eligibility category in Item Number 1. and are 

eligible for benefits under ABC settlement agreement as a Salvadoran or Guatemalan national, you should select the box.

Item Number 3.B. (c)(8) Eligibility Category. If you entered the eligibility category (c)(8) in Item Number 1., provide 

an answer to the question “Have you have EVER been arrested for and/or convicted of any crime?” If you answered 

“Yes” to Item Number 3.B., refer to Special Filing Instructions for Those With Pending Asylum Applications (c)(8) 

in the Required Documentation section of the Instructions for information about providing court dispositions.

Item Number 4. (c)(26) Eligibility Category. If you entered eligibility category (c)(26) in Item Number 1., provide the 

receipt number of your spouse's most recent Form I-797 Notice for Form I-129, Petition for a Nonimmigrant Worker, in 

the space provided.

Item Number 5.A. (c)(35) and (c)(36) Eligibility Category. If you entered the eligibility category (c)(35) or (c)(36) in 

Item Number 1., please provide the receipt number of your Form I-797 Notice for Form I-140 or the receipt number of 

your spouse's or parent's Form I-797 Notice for Form I-140. Provide an answer to the question “Have you EVER been 

arrested for and/or convicted of any crime?”

NOTE: If you answered “Yes” to Item Number 5.B., refer to Employment-Based Nonimmigrant Categories, Items 

8. - 9. in the Who May File Form I-765 section of the Instructions for information about providing court 

dispositions.

Item Numbers 1. - 5. Questions regarding Social Security Number (SSN). Item A. in Item Number 1. asks you if 

the Social Security Administration (SSA) has ever officially issued you a Social Security card. If the SSA ever issued a 

Social Security card to you in your name or a previously used name such as your maiden name, then you must enter the 

SSN from your card in Item B. in Item Number 1.

If your request for employment authorization is approved, the SSA may assign you an SSN and issue you a Social Security 

card, or issue you a replacement card. If you want the SSA to assign you a Social Security number and issue you a Social 

Security card, or issue you a new or replacement Social Security card, then answer “Yes” to both Item Number 2. and Item 

Number 3. You must also provide your father's and mother's family and given names at birth in Item Numbers 4. - 5. SSA 

will use Item Numbers 4. - 5. in issuing you a Social Security card.

Part 4. Social Security Card Information

You are not required to request an SSN using this application. Completing Item Numbers 2. - 5. is optional. However, 

you must have an SSN properly assigned in your name to work in the United States.

NOTE: If your employer uses E-Verify to confirm new employees' eligibility to legally work in the United States, the 

information you provide on Form I-9, Employment Eligibility Verification, will be compared to data in SSA and DHS 

databases. Employees must have an SSN in order for E-Verify to confirm their eligibility to legally work in the United 

States.
Form I-765 Instructions 04/01/24 Page 21 of 26

Item Numbers 1. - 6. Select the appropriate box to indicate whether you read this application yourself or whether you had 

an interpreter assist you. If someone assisted you in completing the application, select the box indicating that you used a 

preparer. Further, you must sign and date your application and provide your daytime telephone number, mobile telephone 

number (if any), and email address (if any). Every application MUST contain the signature of the applicant (or parent or 

legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.

Part 5. Applicant's Statement, Contact Information, Certification, and Signature

Item Numbers 1. - 7. If you used anyone as an interpreter to read the Instructions and questions on this application to 

you in a language in which you are fluent, the interpreter must fill out this section; provide his or her name, the name and 

address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone 

number (if any), and his or her email address (if any). The interpreter must sign and date the application.

Part 6. Interpreter's Contact Information, Certification, and Signature

Item Numbers 1. - 8. This section must contain the signature of the person who completed your application, if other than 

you, the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both 

Part 6. and Part 7. If the person who completed this application is associated with a business or organization, that person 

should complete the business or organization name and address information. Anyone who helped you complete this 

application MUST sign and date the application. A stamped or typewritten name in place of a signature is not acceptable. 

If the person who helped you prepare your application is an attorney or accredited representative, he or she may also need 

to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with 

your application.

Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than 

the Applicant

We recommend that you print or save a copy of your completed application for your records.

Required Documentation

You must submit all evidence requested in these Instructions with your application. If you fail to submit required 

evidence, USCIS may reject or deny your application in accordance with 8 CFR 103.2(b)(1) and these Instructions.

You must file all applications with the documents required below, the particular evidence required for each category listed 

in the Who May File Form I-765 section of these Instructions.

If you are required to show economic necessity for your category, submit a list of your assets, income, and expenses. 

Provide this financial information on Form I-765WS, Form I-765 Worksheet. If you would like to provide an explanation, 

complete Part 3. Explanation of the worksheet.

Assemble the documents in the following order:

1. The appropriate filing fee, if applicable. See USCIS Form G-1055, Fee Schedule, available at 

www.uscis.gov/g-1055, for all information on filing fees.

2. Your properly signed application.

3. The following documents.

A. A copy of at least one of the following documents: Form I-94, Arrival-Departure Record (front and back), a 

printout of your electronic Form I-94 from www.cbp.gov/i94: a passport or other travel document. If you are 

filing Form I-765 under the (c)(9) category, these are not required.
Form I-765 Instructions 04/01/24 Page 22 of 26

B. A copy of your last EAD (front and back). If you were not previously issued an EAD, you must submit a copy of 

a government-issued identity document (such as a passport) showing your picture, name, and date of birth; a birth 

certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or 

fingerprint. The identity document photocopy must clearly show your facial features and contain your 

biographical information.

NOTE: If you are filing under the (c)(33) eligibility category, you are not required to submit additional 

documentation beyond what you submit with Form I-821D under 2. What documents do you need to provide to 

prove identity in the Evidence for Initial Requests Only section of the Form I-821D Instructions.

The photos must be 2 by 2 inches with a full face, frontal view. Head height should measure 1 to 1 3/8 inches 

from the top of your hair to the bottom of your chin, and eye height should measure between 1 1/8 to 1 3/8 inches 

from the top of your eyes to the bottom of the photo. Your head must be bare unless you are wearing headwear as 

required by your religious denomination. Use a pencil or felt pen to lightly print your name and A-Number (if 

any) on the back of the photos.

You must submit two identical color passport-style photographs of yourself taken recently. The photos must 

have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and 

unretouched.

C. Photographs

Special Filing Instructions for Those With Pending Asylum Applications (c)(8)

4. Asylum and Withholding of Deportation Applicants (with a pending Form I-589) who filed ON OR AFTER 

January 4, 1995 - (c)(8). You are subject to a 150-day waiting period after the filing of your Form I-589, 

Application for Asylum and for Withholding of Removal, before you can apply for an EAD , and an additional 30-

day period before we can issue you an EAD, for a total of 180 days. The number of days a completed asylum 

application is considered pending does not include any delays requested or caused by you while your application is 

pending with the USCIS asylum office or with an EOIR IJ. (See 8 CFR 208.7) This time period during which your 

asylum application is pending before we may grant you an EAD is called the “180-day asylum EAD clock.” We may 

reject your Form I-765 if you file it before the 150-day waiting period has elapsed. Some examples of delays that 

may be caused by you while your application is pending with the USCIS Asylum Office include but are not limited 

to: 

A. Failure to appear at your interview or fingerprint appointment;

B. Failure to receive and acknowledge your asylum decision in person (if required);

C. A request to schedule your interview for a later date;

D. A request to transfer your case to a new asylum office or interview location, including when the transfer is based 

on a new address;

E. A request to provide additional evidence after your interview; and 

F. Failure to provide a competent interpreter at your interview. 

If you have received a Recommended Approval notice from the USCIS asylum office recommending a grant of asylum, 

you do not need to wait 150 days and may apply for an EAD immediately upon receipt of this notice. Provide a copy of 

your notice as evidence of your recommended approval with your Form I-765. 

Additionally, if you fail to appear for your interview with a USCIS asylum office for a hearing before an EOIR IJ, you 

may be ineligible for an EAD.
Form I-765 Instructions 04/01/24 Page 23 of 26

If you are a category (c)(8) applicant who has met the requisite 150-day waiting period to file Form I-765, not including 

delays caused or requested by you, file your Form I-765 with the following evidence, where applicable:

A. 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 cancelling your 

asylum interview); your Form I-797C Notice (ASC appointment notice) for a biometrics appointment for your 

Form I-589; or other evidence that you filed your Form I-589 with USCIS.

B. If you lodged or filed your Form I-589 with EOIR, acknowledgement of receipt of your application or other 

available evidence.

C. If an EOIR IJ has denied your asylum and withholding of removal relief, but you met the requisite 180-day 

waiting period prior to the EOIR IJ's decision in your case, evidence that you:

(1) Timely appealed the EOIR IJ's decision on your Form I-589 to the BIA and the appeal remains pending; and

(2) If applicable, evidence that you timely appealed the BIA decision on your Form I-589 to a U.S. Court of 

Appeals and that decision remains pending.

D. If your Form I-589 has been remanded 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.

E. Evidence of Arrests and Conviction. For initial and renewal applications, you are required to submit evidence 

of any arrests and/or convictions. If you have been convicted of an aggravated felony, you cannot be granted 

employment authorization under this eligibility category. USCIS will make the determination as to whether your 

convictions meet the definition of aggravated felony. You must, however, provide information and any supporting 

documentation on all crimes you were convicted of so USCIS can make an appropriate decision. Provide a 

certified copy of all arrest reports, court dispositions, sentencing documents, and any other relevant documents.

5. Asylum and Withholding of Deportation Applicants (with a pending Form I-589) who filed BEFORE January 

4, 1995 - (c)(8). You may file Form I-765 at any time; however, we will only grant your employment authorization 

if we find that your asylum application is not frivolous. File Form I-765 with a copy of the following documents, 

where applicable:

A. Your date-stamped previously filed Form I-589;

B. If you filed your Form I-589 with the former Immigration and Naturalization Service (INS), an INS 

Acknowledgement of Receipt; 

C. A USCIS Asylum Interview Notice (scheduling, re-scheduling, or cancelling your asylum interview);

D. Form I-797 Notice, Fingerprint Notification (for a fingerprint appointment for your Form I-589);

E. If you filed your Form I-589 in exclusion or deportation proceedings, evidence that your Form I-589 was filed 

with EOIR;

F. If you are currently in exclusion or deportation proceedings, a copy of Form I-221, Order to Show Cause and 

Notice of Hearing, or Form I-122, Notice to Applicant for Admission Detained for Hearing Before Immigration 

Judge; or

G. Evidence that your Form I-589 remains under administrative or judicial review.
Form I-765 Instructions 04/01/24 Page 24 of 26

6. Asylum application under the ABC Settlement Agreement--(c)(8). If you are a Salvadoran or Guatemalan national 

eligible for benefits under the ABC settlement agreement, American Baptist Churches v. Thornburgh, 760 F. Supp. 

796 (N.D. Cal. 1991), you are entitled to an EAD under the ABC settlement.

Your Form I-765 will be decided within 60 days if: 

1. You identify yourself as an ABC class member by selecting the box in Part 3., Item A. in Item Number 3.

of this application;

2. You pay the filing fee; and 

3. You have a complete pending asylum application on file. You must have filed your asylum application 

(Form I-589) with us (former Immigration and Naturalization Service (INS) or USCIS) or with an EOIR IJ to 

receive an EAD. Therefore, submit evidence that you previously filed a complete asylum application when 

you submit Form I-765. You are not required to submit this evidence when you apply, but it will help us 

process your request more efficiently.

Where to File?

Please see our website at www.uscis.gov/I-765 or visit the USCIS Contact Center at www.uscis.gov/contactcenter to 

connect with a USCIS representative for the most current information about where to file this application. The USCIS 

Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.

If you are requesting an EAD as an initial TPS applicant or a TPS beneficiary, see the Form I-821 Instructions and the 

most recent Federal Register notice regarding a TPS designation, re-designation, or extension for your country for 

additional guidance and filing location. You can find information on countries designated for TPS on our website at 

www.uscis.gov/tps.

Premium Processing

To determine if your requested classification or category is available for Premium Processing, please visit the USCIS 

website at www.uscis.gov/forms/how-do-i-use-premium-processing-service. If you are requesting Premium 

Processing Services, you must also file Form I-907, Request for Premium Processing Service, with the filing fee. 

NOTE: Do not submit a change of address request to the USCIS Lockbox.

Address Change

If you are not a U.S. citizen, you must notify USCIS of your new address within 10 days of moving from your previous 

residence. For information on changing your address, go to our website at www.uscis.gov/addresschange, or call the 

USCIS Contact Center.

Initial processing. Once USCIS accepts your application, we will check it for completeness. If you do not properly 

complete this application, you will not establish a basis for your eligibility and we may reject or deny your application.

Processing Information

You must have a United States address to file this application.

Requests for More Information. USCIS may request that you provide more information or evidence to support your 

application. We may also request that you provide the originals of any copies you submit. If we request an original 

document from you, we will return it to you after USCIS determines it is no longer needed.
Form I-765 Instructions 04/01/24 Page 25 of 26

Decision. The decision on Form I-765 involves a determination of whether you have established eligibility for the 

immigration benefit you are seeking. USCIS will notify you of our decision in writing.

Approval. If your application is approved, we will either mail your EAD to you or we may require you to visit your local 

USCIS office to pick it up.

Denial. If USCIS cannot approve your application, you will receive a written notice explaining the basis of your denial.

USCIS Forms and Information

To ensure you are using the latest version of this application, visit www.uscis.gov.

Penalties

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-765, we will 

deny your application and may deny any other immigration benefit. In addition, you will face severe penalties provided 

by law and may be subject to criminal prosecution.

Sections 205(c) and 702 of the Social Security Act authorize SSA to collect information to assign you an SSN and issue a 

Social Security card. The information you furnish on this application is voluntary. However, failure to provide the 

requested information may prevent SSA from issuing you an SSN and Social Security card. SSA will maintain the 

information used to assign you an SSN and issue you a Social Security card in SSA's system of records [Master Files of 

Social Security Number (SSN) Holders and SSN Applications, 60-0058]. Complete lists of approved routine uses for the 

information used to assign you an SSN and issue you a Social Security card are available in the System of Records Notice 

60-0058, available at www.ssa.gov.

SSA Privacy Act Statement

Requests for Interview. We may request that you appear at a USCIS office for an interview based on your application. 

During your interview, USCIS may require you to provide your biometrics to verify your identity and/or update 

background and security checks.

DHS Privacy Notice

AUTHORITIES: The information requested on this application, and the associated evidence, is collected under the 

Immigration and Nationality Act, 8 U.S.C. § 1324a; 8 CFR 274a.12, and 8 CFR 274a.13.

PURPOSE: The primary purpose for providing the requested information on this application is to determine eligibility 

for certain aliens who are temporarily in the United States requesting an Employment Authorization Document. DHS uses 

the information you provide to grant or deny the immigration benefit you are seeking.

DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including 

your Social Security number, and any requested evidence, may delay a final decision or result in a rejection or denial of your 

application.
Form I-765 Instructions 04/01/24 Page 26 of 26

ROUTINE USES: DHS may, where allowable under relevant confidentiality provisions, share the information you 

provide on this application and any additional requested evidence with other Federal, state, local, and foreign government 

agencies and authorized organizations. DHS follows approved routine uses, as described in the associated published 

system of records notices [DHS/USCIS/ICE/CBP- 001 Alien File, Index, and National File Tracking System of Records; 

DHS/USCIS-007 Benefits Information System; DHS/USCIS-010 Asylum Information and Pre-Screening System of 

Records; DHS/USCIS-017 Refugee Case Processing and Security Screening Information System of Records; and DHS/

USCIS-018 Immigration Biometric and Background Check (IBBC) System of Records], and the published privacy impact 

assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System (CLAIMS 3) and 

Associated Systems; DHS/USCIS/PIA-027 USCIS Asylum Division; DHS/USCIS/PIA-056 USCIS Electronic 

Immigration System (USCIS ELIS); and DHS/USCIS/PIA-068 Refugee Case Processing and Security Vetting], which 

can be found at www.dhs.gov/privacy. DHS may also share this information as appropriate for law enforcement purposes 

or in the interest of national security.

USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of 

information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public 

reporting burden for this collection of information is estimated at 4.317 hours per response, including the time for 

reviewing instructions, gathering the required documentation and information, completing the application, preparing 

statements, attaching necessary documentation, and submitting the application. The collection of biometrics is estimated 

to require 1 hour and 10 minutes. The public reporting burden for the collection of information for Form I-765WS is 

estimated at 30 minutes per response, including the time for reviewing instructions, gathering the required documentation 

and information, completing the application, preparing statements, attaching necessary documentation, and submitting the 

application. Send comments regarding this burden estimate or any other aspect of this collection of information, including 

suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, 

Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; 

OMB No. 1615-0040. Do not mail your completed Form I-765 to this address.

Paperwork Reduction Act