To work legally in the USA, you need to know about the I-765 form. Officially titled “Application for Employment Authorization,” this form helps you obtain an Employment Authorization Document or EAD for working in the country legally. Here, we will break it down – what it is, how you can fill it out, when to use it, and what to expect afterward.
What is the i-765 form used for?
The form I-765 is for individuals who are non-citizens and non-permanent residents of the U.S. and want to work with legal permission within the country. It will give you an EAD, the document that will serve as proof of the right to work in the U.S. if that form is filed and all other eligibility requirements are met.
This form is used in various situations, such as:
- Nonimmigrant visa holders: Certain visa holders may need an EAD to work legally.
- Green card applicants: While your green card application (Form I-485) is being processed, the I-765 lets you work legally in the meantime.
- Asylum seekers: Those waiting for asylum approval can use the I-765 to apply for work authorization.
- Dependent spouses and students: Spouses of visa holders (like H-4 visa holders) or students eligible for work programs, such as Optional Practical Training (OPT), often need this form.
Read more: I-94 Form: what is it, instructions, when to use and how many days is valid after fill it out
How to fill out the i-765 form
Filling out the I-765 form might seem overwhelming, but following these steps will help:
- Download the form: You can find it on the USCIS website.
- Provide your personal details:
- Full legal name (as on your passport).
- Any other names you have used.
- Your mailing and physical addresses.
- Eligibility information:
- Indicate your eligibility category. Use the codes provided in the form’s instructions. For example, F-1 students on OPT would use category “(c)(3)(B).”
- Social Security Number (SSN): If you do not have one, you can request one through this application.
- Signature and declaration: Ensure the form is signed with an original signature. Scanned or electronic signatures will not be accepted.
What documents do you need for the i-765 form?
When submitting your application, include these required documents:
- A copy of your passport photo page.
- A copy of your I-94 travel record or visa.
- Two recent passport-style photos.
- Evidence of eligibility (varies by category, such as proof of pending asylum or student status).
- Copies of previous work permits, if applicable.
- Filing fee payment or fee waiver request (if eligible).
When should you file the i-765 form?
Timing matters when filing the I-765 form.
- Green card applicants: File this form alongside your I-485 or after submitting it.
- Asylum seekers: You can file 150 days after submitting your asylum application.
- Students: File after your school’s Designated School Official endorses your eligibility for OPT or CPT.
How long does it take to process the i-765 form?
The processing time for Form I-765 varies based on your category and the service center handling your case. On average, it can take:
- 3 to 6 months: For most categories.
- Longer than 6 months: For high-demand categories or during periods of high USCIS workloads.
You can track your case status online using the receipt number USCIS sends after your application is submitted.
How long does it take to get a green card after filing the i-765?
Filing Form I-765 does not directly affect your green card timeline. However, if you are applying for a green card and file the I-765 along with your I-485 (adjustment of status application), you will usually receive your work permit within 3 to 6 months. The green card process itself can take anywhere from a year to several years, depending on your case.
