Instructions For I-765 - Application For Employment Authorization (Page 2 of 12) in pdf

Temporary Protected Status (TPS)--(a)(12) and

Foreign Students

(c)(19). A category (a)(12) EAD is issued to an

F-1 Student Seeking Optional Practical Training

individual granted TPS under 8 CFR 244. A

(OPT) in an Occupation Directly Related to

category (c)(19) EAD is a temporary treatment

Studies: (c)(3)(A)--Pre-completion Optional

benefit under TPS pursuant to 8 CFR 244.5.

Practical Training; (c)(3)(B)--Post-completion

To request an EAD based on TPS, file Form I-765

Optional Practical Training; (c)(3)(C)--24-month

with Form I-821, or with evidence that your initial

extension for STEM (Students With a degree in

Form I-821 was accepted or approved. Include

Science, Technology, Engineering, or

evidence of nationality and identity as required by the

Mathematics) Optional Practical Training. File

Form I-821 instructions. If you are requesting

Form I-765 with a Certificate of Eligibility of

extension of TPS status, also include a copy (front

Nonimmigrant (F-1) Student Status (Form I-20 A-B/

and back) of your last available TPS document: EAD,

I-20 ID) timely endorsed by a Designated School

Form I-94, or approval notice.

Official (DSO) (DSO's recommendation within the

past 30 days for Post-Completion OPT and 60 days

To register for TPS, you must file a Form I-765 with

for the 24-month STEM OPT extension). If you are

Form I-821, Application for Temporary Protected

requesting a 24-month STEM OPT extension under

Status, for each applicant, regardless of age, even if

the eligibility code (c)(3)(C), you must submit a copy

you are not requesting employment authorization.

of your degree and the employer name as listed in E-

No fee is required for Form I-765 filed as part of TPS

Verify, along with the E-Verify Company

registration. (Form I-821 has separate fee

Identification Number, or a valid E-Verify Client

requirements.)

Company Identification Number for the employer

If you have been granted TPS by an immigration

with whom you are seeking the 24-month OPT

judge (IJ) or the Board of Immigration Appeals

extension. You must provide this information in

(BIA) and are requesting your first EAD, you must

Question 17 of the form

submit evidence of your IJ or BIA grant of TPS with

F-1 Student Offered Off-Campus Employment

your application for an EAD along with a copy of

Under the Sponsorship of a Qualifying

your I-821 application that the IJ or BIA approved.

International Organization--(c)(3)(ii). File Form

You must also follow the instructions for filing your

I-765 with the international organization's letter of

application as described in the most recent TPS

certification that the proposed employment is within

Federal Register notice regarding a TPS designation

the scope of its sponsorship, and a Certificate of

or extension for your country. As further instructed

Eligibility of Nonimmigrant (F-1) Student Status --

in those notices, once you receive your I-797

For Academic and Language Students (Form I-20 A-B/

application receipt notice, you must also send an

I-20 ID) endorsed by the Designated School Official

e-mail to

tpsijgrant.vsc@dhs.gov

with the following

within the past 30 days.

information: Your name; your A number; your date

of birth; the receipt number for your application; and

F-1 Student Seeking Off-Campus Employment

the date you were granted TPS.

Due to Severe Economic Hardship--(c)(3)(iii).

File Form I-765 with Form I-20 A-B/I-20 ID,

NACARA Section 203 Applicants Who Are Eligible

Certificate of Eligibility of Nonimmigrant (F-1)

to Apply for NACARA Relief With USCIS--(c)(10).

Student Status -- For Academic and Language

See the instructions to Form I-881, Application for

Students, and any evidence you wish to submit, such

Suspension of Deportation or Special Rule

as affidavits, that detail the unforeseen economic

Cancellation of Removal, to determine if you are

circumstances that cause your request, and evidence

eligible to apply to USCIS for NACARA 203 relief.

that you have tried to find off-campus employment

If you are eligible, you may file a Form I-765 with the

with an employer who has filed a labor and wage

Form I-881. See Instructions to Form I-881 for filing

attestation.

location. If you file the Form I-765 separately from

J-2 Spouse or Minor Child of an Exchange

the Form I-881 see "Where to File?" instructions.

Visitor--(c)(5). File Form I-765 with a copy of your

Your response to Question 16 on the Form I-765 must

J-1 (principal alien's) Certificate of Eligibility for

be "(c)(10)."

Exchange Visitor (J-1) Status (Form IAP-66). You

Dependent of TECRO E-1 Nonimmigrant--(c)(2).

must submit a written statement with any supporting

File Form I-765 with the required certification from

evidence showing that your employment is not

the American Institute in Taiwan if you are the

necessary to support the J-1 but is for other purposes.

spouse or unmarried dependent son or daughter of an

E-1 employee of the Taipei Economic and Cultural

Representative Office.

Form I-765 Instructions 03/11/16 Y Page 2

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

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