Instructions For I-765 - Application For Employment Authorization (Page 4 of 12) in pdf

Spouse of an E-2 CNMI Investor--(c)(12). File

3. Basis for Work Authorization. Acceptable

Form I-765 with evidence of your lawful status and

documentation includes:

evidence you are a spouse of a principal E-2 CNMI

Approved Form I-140. Submit evidence

Investor, and a copy of the principal E-2 CNMI

that the H-1B principal is the beneficiary of

Investors long-term business certificate or Foreign

an approved Immigrant Petition for Alien

Investment Certificate. (Please note that spouse of a

Worker (Form I-140). You may show this

principal E-2 CNMI Investor who obtained status on

by submitting a copy of the H-1B

the basis of a Foreign Retiree Investment

principal's Form I-797 approval notice for

Certification is not eligible for employment

Form I-140; or

authorization and may not file under this category.)

b. H-1B Principal Received AC21 106(a)

Spouse of an H-1B Nonimmigrant--(c)(26).

and (b) Extension. Submit evidence that

File Form I-765 along with documentation of your

the principal H-1B nonimmigrant has

current H-4 admission or extension of stay. You

received an extension of stay under AC21

must also submit documentation establishing either

106(a) and (b). You may show this by

that the H-1B principal has an approved Immigrant

submitting copies of the H-1B principal's

Petition for Alien Worker (Form I-140), or that your

passports, prior Forms I-94, and current and

current H-4 admission or extension of stay was

prior Forms I-797 for Form I-129. In

approved pursuant to the principal H-1B

addition, please submit evidence to establish

nonimmigrant's admission or extension of stay based

one of the following bases for the H-1B

on sections 106(a) and (b) of the American

extension of stay:

Competitiveness in the Twenty-First Century Act

(AC21). For your convenience, you may file Form

Based on Filing of a Permanent Labor

I-765 with Form I-539, Application to Extend/

Certification Application. Submit

Change Nonimmigrant Status. However, USCIS will

evidence that the H-1B principal is the

not process Form I-765 (except filing fees), until after

beneficiary of a Permanent Labor

USCIS has adjudicated Form I-539. You may also

Certification Application that was filed at

file Form I-765 at the same time as Form I-539 and

least 365 days prior to the expiration of the

Form I-129, Petition for a Nonimmigrant Worker.

6-year limitation of stay. You may show

The 90-day period for adjudicating Applications for

this by submitting a copy of a print out from

Employment Authorization (Form I-765) filed

the Department of Labor's (DOL's) Web site

together with Form I-539 does not begin until USCIS

or other correspondence from DOL showing

has determined whether you are eligible for the

the status of the H-1B principal's Permanent

underlying H-4 nonimmigrant status, and that the

Labor Certification Application. If DOL

principal is eligible for H-1B status. Please see the

certified the Permanent Labor Certification,

USCIS Web site at

for the

you must also submit a copy of Form I-797

most current information on where the file this

Notice of Receipt for Form I-140

benefit request.

establishing that the Form I-140 was filed

within 180 days of DOL certifying the

1. Proof of Your Status. Submit a copy of your

Permanent Labor Certification; or

current Form I-797 approval notice for Form

I-539 or Form I-94 showing your admission as

Based on a Pending Form I-140. If the

an H-4 nonimmigrant or your most recent

preference category sought for the principal

approved extension of stay; and

H-1B spouse does not require a Permanent

Labor Certification Application with DOL,

Proof of Relationship to the Principal H-1B.

submit evidence that the H-1B principal's

Submit a copy of the marriage certificate for you

Form I-140 was filed at least 365 days prior

and the principal H-1B nonimmigrant. If you

to the expiration of the 6-year limitation of

cannot submit a copy of your current Form

stay and remains pending. You may show

I-797, Form I-94, or marriage certificate, USCIS

this by submitting a copy of the Form I-797

will consider secondary evidence.

Notice of Receipt for Form I-140.

Form I-765 Instructions 03/11/16 Y Page 4

Instructions For I-765 - Application For Employment Authorization Page 4

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