Instructions For I-765 - Application For Employment Authorization (Page 11 of 18) in pdf

category cannot be waived. Biometric collection and the biometric services fee for Form I-765 based

on the Consideration of Deferred Action for Childhood Arrivals category is also required and cannot be

waived.

(1) If U.S. Immigration and Customs Enforcement (ICE) deferred action on your case, file a stand-alone 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. You do not need to include other household member’s financial information to establish your own

economic necessity.

When completing the Form I-765:

(a) Enter “Unlawful Status: Deferred Action for Childhood Arrivals by ICE” for Question 15.

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

G. Final Order of Deportation--(c)(18). File Form I-765 with a copy of the order of supervision and a request for

employment authorization that may be based on but not limited to the following:

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

(2) Existence of economic necessity to be employed; and

(3) Anticipated length of time before you can be removed from the United States.

H. LIFE Legalization Applicant--(c)(24). We encourage you to file File Form I-765 together with your Form I-485,

Application to Register Permanent Residence or Adjust Status, to facilitate processing. However, you may file

Form I-765 at a later date with evidence that you were a CSS, LULAC, or Zambrano class member applicant

before October 1, 2000, and with a copy of the receipt notice or other evidence that your Form I-485 is pending.

I. T-1 Nonimmigrant--(a)(16). If you are applying for initial employment authorization as a T-1 nonimmigrant,

file Form I-765 only if you did not request an employment authorization document when you applied for

T nonimmigrant status. If you have been granted T nonimmigrant status and this is a request for a renewal

or replacement of an employment authorization document, file Form I-765 along with evidence of your T

nonimmigrant status, such as an approval notice.

J. T-2, T-3, or T-4 Nonimmigrant--(c)(25). File Form I-765 with a copy of your T-1 (principal alien’s) approval

notice and proof of your relationship to the T-1 principal.

K. U-1 Nonimmigrant--(a)(19). If you are applying for initial employment authorization as a U-1 nonimmigrant,

file Form I-765 only if you did not request an employment authorization document when you applied for U

nonimmigrant status. If you have been granted U nonimmigrant status and this is a request for a renewal

or replacement of an employment authorization document, file Form I-765 along with evidence of your U

nonimmigrant status, such as an approval notice.

L. U-2, U-3, U-4, or U-5--(a)(20). If you obtained U nonimmigrant status while in the United States, you must

submit a copy of the approval notice for your U nonimmigrant 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.

M. VAWA Self-Petitioners--(c)(31). If you are the principal beneficiary or qualified child of an approved VAWA

self-petition, you are eligible for work authorization. File Form I-765 with evidence of your status, such as a copy

of Form I-360 approval notice. Additionally, you may file Form I-765 together with your initial VAWA self-

petition.

Form I-765 Instructions 01/17/17 N

Page 11 of 18

Instructions For I-765 - Application For Employment Authorization Page 11

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