Instructions For I-765 - Application For Employment Authorization (Page 2 of 18) in pdf

1. Asylee/Refugee Categories (and their Spouse and Children)

A. Refugee--(a)(3). File Form I-765 with either a copy of your Form I-590, Registration for Classification as

Refugee, approval letter, or a copy of a Form I-730, Refugee/Asylee Relative Petition, approval notice.

B. Paroled as a Refugee--(a)(4). File Form I-765 with a copy of your Form I-94, Arrival-Departure Record.

C. Asylee (Granted Asylum)--(a)(5). File Form I-765 with a copy of the USCIS letter, or judge’s decision, granting

you asylum. It is not necessary to apply for an EAD as an asylee until 90 days before the expiration of your

current EAD.

D. Asylum Applicant (With a Pending Asylum Application) Who Filed for Asylum on or After January 4, 1995--

(c)(8). For specific instructions for applicants with pending asylum claims, see section entitled “Special Filing

Instructions for Those with Pending Asylum Applications ((c)(8)).”

2. Nationality Categories

A. Citizen of Micronesia, the Marshall Islands, or Palau--(a)(8). File Form I-765 if 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.

B. Deferred Enforced Departure (DED)/Extended Voluntary Departure--(a)(11). File Form I-765 with evidence

of your identity and nationality.

C. Temporary Protected Status (TPS)--(a)(12) and (c)(19). A category (a)(12) EAD is issued to an individual

granted TPS under 8 CFR 244. A category (c)(19) EAD is a temporary treatment benefit under TPS pursuant to

8 CFR 244.5.

To request an EAD based on TPS, file Form I-765 with Form I-821, or with evidence that your initial Form

I-821 was accepted or approved. Include evidence of nationality and identity as required by the Form I-821

instructions. If you are requesting extension of TPS status, also include a copy (front and back) of your last

available TPS document: EAD, Form I-94, or approval notice.

To register for TPS, you must file a Form I-765 with Form I-821, Application for Temporary Protected Status, for

each applicant, regardless of age, even if you are not requesting employment authorization. No fee is required for

Form I-765 filed as part of TPS registration. (Form I-821 has separate fee requirements.)

If you have been granted TPS by an immigration judge (IJ) or the Board of Immigration Appeals (BIA) and are

requesting your first EAD, you must submit evidence of your IJ or BIA grant of TPS with your application for

an EAD along with a copy of your Form I-821 application that the 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 or extension for your country. As further instructed in those notices, once you receive your

Form I-797 application receipt notice, you must also send an email to

tpsijgrant.vsc@dhs.gov

with the following

information: Your name; your A number; your date of birth; the receipt number for your application; and the date

you were granted TPS.

D. NACARA Section 203 Applicants Who Are Eligible to Apply for NACARA Relief With USCIS--(c)(10).

See the instructions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of

Removal, to determine if you are eligible to apply to USCIS for NACARA 203 relief.

If you are eligible, you may file a Form I-765 with the Form I-881. See Instructions to Form I-881 for filing

location. If you file the Form I-765 separately from the Form I-881 see “Where to File?” instructions. Your

response to Question 16 on the Form I-765 must be “(c)(10).”

E. 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.

Form I-765 Instructions 01/17/17 N

Page 2 of 18

Instructions For I-765 - Application For Employment Authorization Page 2

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