Instructions For I-765 - Application For Employment Authorization printable pdf download

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Instructions for I-765, Application for

Department of Homeland Security

Employment Authorization

U.S. Citizenship and Immigration Services

For easier reference, the categories are subdivided as follows:

What Is the Purpose of This Form?

Page

Certain aliens who are temporarily in the United States may

Asylee/Refugee and Their Spouses and Children

file Form I-765, Application for Employment Authorization,

to request an Employment Authorization Document (EAD).

Nationality Categories

Other aliens who are authorized to work in the United States

Foreign Students

without restrictions must also use this form to apply to USCIS

Eligible Dependents of Employees of Diplomatic

for a document that shows such authorization. Review

Missions, International Organization, or NATO

Eligibility Categories to determine whether you should use

Employment-Based Nonimmigrants

this form.

Family-Based Nonimmigrants

If you are a lawful permanent resident, a conditional resident,

Adjustment-of-Status Categories

or a nonimmigrant authorized to be employed with a specific

employer under 8 CFR 274a.12(b), do not use this form.

Other Categories

Definitions

Asylee/Refugee Categories (and their Spouse and

Employment Authorization Document (EAD): Form I-688,

Children

Form I-688A, Form I-688B, Form I-766, or any successor

Refugee--(a)(3). File Form I-765 with either a copy

document issued by USCIS as evidence that the holder is

of your Form I-590, Registration for Classification as

authorized to work in the United States.

Refugee, approval letter, or a copy of a Form I-730,

Renewal EAD: An EAD issued to an eligible applicant upon

Refugee/Asylee Relative Petition, approval notice.

the expiration of a previous EAD issued under the same

Paroled as a Refugee--(a)(4). File Form I-765 with

category.

a copy of your Form I-94, Arrival-Departure Record.

Replacement EAD: An EAD issued to an eligible applicant

Asylee (Granted Asylum)--(a)(5). File Form I-765

when the previously issued EAD has been lost, stolen,

with a copy of the USCIS letter, or judge's decision,

mutilated, or contains erroneous information, such as a

granting you asylum. It is not necessary to apply

misspelled name.

for an EAD as an asylee until 90 days before the

Interim EAD: An EAD issued to an eligible applicant when

expiration of your current EAD.

USCIS has failed to adjudicate an application within 90 days

Asylum Applicant (With a Pending Asylum

of a properly filed EAD application, or within 30 days of a

Application) Who Filed for Asylum on or After

properly filed initial EAD application based on an asylum

January 4, 1995--(c)(8). For specific instructions

application filed on or after January 4, 1995. The interim EAD

for applicants with pending asylum claims, see

will be granted for a period not to exceed 240 days and is

section entitled "Special Filing Instructions for

subject to the conditions noted on the document. The Interim

Those with Pending Asylum Applications ((c)(8))."

EAD provisions apply to individuals filing Form I-765 based

on Consideration of Deferred Action for Childhood Arrivals

Nationality Categories

only after a determination on deferred action is reached.

Citizen of Micronesia, the Marshall Islands, or

Palau--(a)(8). File Form I-765 if you were admitted

Who May File Form I-765?

to the United States as a citizen of the Federated States

of Micronesia (CFA/FSM), the Marshall Islands

USCIS adjudicates a request for employment authorization by

(CFA/MIS), or Palau under agreements between the

determining whether an applicant has submitted the required

United States and the former trust territories.

information and documentation, and whether the applicant is

eligible. In order to determine your eligibility, you must

Deferred Enforced Departure (DED)/Extended

identify the category in which you are eligible and fill in that

Voluntary Departure--(a)(11). File Form I-765

category in Question 16 on Form I-765. Enter only one of the

with evidence of your identity and nationality.

following category numbers on the application form. For

example, if you are a refugee applying for an EAD, write

"(a)(3)" at Question 16.

Form I-765 Instructions 03/11/16 Y Page 1

Instructions For I-765 - Application For Employment Authorization

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