Instructions For I-765 - Application For Employment Authorization (Page 10 of 18) in pdf

7. EAD Applicants Who Have Filed for Adjustment of Status

A. Adjustment Applicant--(c)(9). File Form I-765 with a copy of the receipt notice or other evidence that your

Form I-485, Application for Permanent Residence or Adjust Status, is pending. You may file Form I-765 together

with your Form I-485.

B. Adjustment Applicant Based on Continuous Residence Since January 1, 1972--(c)(16). File Form I-765 with

your Form I-485, Application to Register for Permanent Residence or Adjust Status; a copy of your receipt notice;

or other evidence that the Form I-485 is pending.

C. Renewal EAD for National Interest Waiver Physicians: If you are filing for a renewal EAD based on your

pending adjustment status and an approved National Interest Waiver Physician petition, you must also include

evidence of your meaningful progress toward completing the National Interest Waiver obligation. Such evidence

includes documentation of employment in any period during the previous 12 months (e.g., copies of W-2 forms).

If you did not work as a National Interest Waiver Physician during any period of the previous 12 months, you

must explain and provide a statement of future intent to work in the National Interest Waiver employment

program.

8. Other Categories

A. N-8 or N-9 Nonimmigrant--(a)(7). File Form I-765 with the required evidence listed in the “Required

Documentation” section of these Instructions.

B. Granted Withholding of Deportation or Removal--(a)(10). File Form I-765 with a copy of the Immigration

Judge’s order. It is not necessary to apply for a new EAD until 90 days before the expiration of your current

EAD.

C. Applicant for Suspension of Deportation--(c)(10). File Form I-765 with evidence that your Form I-881,

Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of

Public Law 105-100 (NACARA)), or Form EOIR-40, is pending.

D. Paroled in the Public Interest--(c)(11). File Form I-765 if you were paroled into the United States for emergent

reasons or reasons strictly in the public interest.

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

of deferred action. To determine your eligibility for work authorization, you must establish economic necessity.

USCIS will consider whether you have an economic need 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. It is not necessary to submit supporting documentation, though it will be accepted and reviewed if

you choose to submit it.

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

(1) You must file Form I-765 with Form I-821D if you meet the guidelines described in the Form I-821D

Filing Instructions. Enter (c)(33) in Question 16 as the letter and number of the category for which you are

applying.

(a) To determine your eligibility for work authorization, you must establish economic necessity. USCIS will

consider whether you have an economic need 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. It is not necessary to submit supporting documentation, though it will be

accepted and reviewed if you choose to submit it. You do not need to include other household member’s

financial information to establish your own economic necessity.

(b) USCIS will not begin adjudicating Form I-765 if filed together with Form I-821D until USCIS has

decided whether to defer action in your case.

Form I-765 Instructions 01/17/17 N

Page 10 of 18

Instructions For I-765 - Application For Employment Authorization Page 10

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