Instructions For I-765 - Application For Employment Authorization (Page 14 of 19) in pdf

3. Evidence that your Form I-589 was filed with an Immigration Judge at the Executive Office for Immigration Review

(EOIR); or

4. Evidence that your asylum application remains under administrative or judicial review.

Asylum applicant (with a pending asylum application) who filed for asylum and for withholding of deportation

prior to January 4, 1995, and is NOT in exclusion or deportation proceedings.

You may file Form I-765 at any time; however, it will only be granted if USCIS finds that your asylum application is not

frivolous. File Form I-765 with:

1. A complete copy of your previously filed Form I-589;

2. A copy of your USCIS receipt notice;

3. A copy of the USCIS acknowledgement mailer;

4. Evidence that your Form I-589 was filed with EOIR; or

5. Evidence that your asylum application remains under administrative or judicial review.

Asylum applicant (with a pending asylum application) who filed an initial request for asylum prior to

January 4, 1995, and is IN exclusion or deportation proceedings. If you filed your Request for Asylum and

Withholding of Deportation (Form I-589) prior to January 4, 1995, and you are IN exclusion or deportation proceedings,

file your EAD application with:

1. A date-stamped copy of your previously filed Form I-589;

2. 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;

3. A copy of EOIR-26, Notice of Appeal, date stamped by the Office of the Immigration Judge;

4. A date-stamped copy of a petition for judicial review or for habeas corpus issued to the asylum applicant; or

5. Other evidence that you filed an asylum application with EOIR.

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. 976

(N.D. Cal. 1991), follow the instructions contained in this section when filing your Form I-765.

You must have an asylum application (Form I-589) on file either with USCIS or with an Immigration Judge in order to

receive work authorization. Therefore, submit evidence that you have previously filed an asylum application when you

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

request efficiently.

If you are renewing or replacing your EAD, you must pay the filing fee.

Mark your application as follows:

1. Type or print “ABC” in the top right corner of your EAD application. You must identify yourself as an ABC class

member if you are applying for an EAD under the ABC settlement agreement.

2. Type or print “(c)(8)” in Item Number 20. of the application.

You are entitled to an EAD without regard to the merits of your asylum claim. Your application for an EAD will be

decided within 60 days if: (1) you pay the filing fee, (2) you have a complete pending asylum application on file, and (3)

you type or print “ABC” in the top right corner of your EAD application. If you do not pay the filing fee for an initial

EAD request, your request may be denied if USCIS finds that your asylum application is frivolous. However, if you

cannot pay the filing fee for an EAD, you may qualify for a fee waiver under 8 CFR 103.7(c).

Form I-765 Instructions 07/17/17 N

Page 14 of 19

Instructions For I-765 - Application For Employment Authorization Page 14