Free I 765 Form in PDF

Instructions on Writing I 765

Submitting Form I-765 is a crucial step towards gaining employment authorization in the United States. It's important to be meticulous in filling out this form to ensure all your information is accurately represented. Following a detailed step-by-step guide not only simplifies the process but also helps in avoiding common mistakes that could delay your application. Below is a clear walkthrough of how to fill out the form effectively.

1. Start by reading the instructions provided carefully to understand the requirements.
2. Using black ink, type or neatly print your information in the spaces provided.
3. In Part 1, select the reason for applying by checking the appropriate box that describes your situation (1.a., 1.b., or 1.c.).
4. Move on to Part 2, where you'll provide all required information about yourself, starting with your full legal name - Family Name (Last Name) in question 1.a., Given Name (First Name) in 1.b., and Middle Name in 1.c.
5. If you've used other names (including aliases, maiden names, and nicknames), enter them in the spaces provided (2.a., 2.b., and 2.c.).
6. For your U.S. Mailing Address, fill out 5.a. through 5.f. Ensure to indicate if this address is the same as your physical address; if it's different, provide your physical address in the subsequent section.
7. Provide your Alien Registration Number (A-Number) and USCIS Online Account Number if available.
8. Select your gender, marital status, and answer questions about your previous filings of Form I-765, Social Security Number, and desire to receive a new Social Security card.
9. List your country or countries of citizenship or nationality, place of birth, date of birth, and information about your last arrival in the United States.
10. In the section regarding your eligibility category, refer to the instructions to correctly identify and enter your specific category.
11. If you're applying under certain eligibility categories, you may need to provide additional information as specified in the form such as details of your degree, employer's name for STEM OPT, and H-1B spouse’s I-797 receipt number.
12. Answer all questions regarding any criminal history, your entry into the U.S., and intentions to apply for asylum if applicable. Provide detailed explanations where necessary.
13. In Part 3, read and understand the penalties section before filling out the applicant's statement, contact information, declaration, certification, and signature.
14. If you used an interpreter or a preparer, ensure their information is filled out in the designated sections, and that they provide their certification and signatures as required.
15. Double-check all the details you've entered for accuracy and completeness. Missing or incorrect information can lead to delays or denial of your application.
16. Once completed, gather the necessary supporting documents as listed in the instructions for Form I-765. Attach these to your form.
17. Lastly, submit your form and documents to the appropriate filing address as indicated in the instructions for your specific eligibility category.

After submitting your application, you will receive a receipt notice from USCIS. This notice is an acknowledgment of their receipt of your application and contains a receipt number which you can use to check the status of your application online. Remember, the processing times can vary depending on various factors, so it's important to patiently await feedback from USCIS.

What is the purpose of Form I-765?

Form I-765, known as the Application for Employment Authorization, is used by individuals in the United States to request permission from the U.S. Citizenship and Immigration Services (USCIS) to work legally. It encompasses various situations, including initial permission to accept employment, renewal of employment authorization, and replacement of a lost, stolen, or damaged employment authorization document, or correction of the document when the error was not due to an USCIS mistake.

Who needs to fill out Form I-765?

Form I-765 must be completed by individuals who are temporarily in the United States and belong to certain categories that allow them to seek employment authorization. These categories include, but are not limited to, asylum seekers, students needing certain types of employment, spouses of certain visa holders, and individuals eligible for Deferred Action for Childhood Arrivals (DACA).

How do I submit Form I-765?

Form I-765 can be submitted either electronically through the USCIS online account system or via mail to the appropriate USCIS address. The method of submission might depend on the individual's specific eligibility category. It is important to follow the instructions on the USCIS website to ensure the form is submitted correctly.

What is the filing fee for Form I-765?

The filing fee for Form I-765 varies depending on the applicant's eligibility category. Some applicants may also be exempt from paying the fee. Current fee information can be found on the USCIS website, as fees may change periodically. Applicants should review the instructions for Form I-765 and the USCIS website to determine the current fee and if a fee waiver is applicable.

What documents are required to be submitted with Form I-765?

Required documents typically include proof of the applicant's identity (such as a passport), proof of eligibility category (such as a copy of a visa or a Form I-20 for F-1 students), and two passport-style photographs. Depending on the specific eligibility category, additional documents may be necessary. All applicants should carefully review the instructions for Form I-765 to ensure they include all required supporting documentation.

How long does it take to process Form I-765?

Processing times for Form I-765 applications vary depending on the applicant's eligibility category and the USCIS office processing the application. Applicants can check current processing times on the USCIS website by selecting the service center handling their application.

Can I work while my Form I-765 application is pending?

Generally, applicants cannot legally work until they have received their Employment Authorization Document (EAD) approved by USCIS. However, some categories may have automatic extension provisions for their work authorization under certain conditions. Consult the latest USCIS guidelines or a legal professional to understand if your situation may allow for such provisions.

What if my Form I-765 application is denied?

If your application is denied, USCIS will send you a notice explaining the reason for the denial. Applicants may have the option to appeal the decision or to file a motion to reopen or reconsider the decision, depending on the grounds of the denial. It is important to review the denial notice carefully and consult with a legal professional to explore your options.

One common error that occurs when people are filling out the Form I-765 is the failure to answer all questions fully and accurately. It is crucial to ensure that no section is left unanswered. If a question does not apply to someone, they should enter “N/A” (not applicable) to denote this, instead of leaving it blank. This simple oversight can lead to unnecessary delays in the processing of the form.

Another mistake involves the section that asks for the applicant's full legal name and any other names used. Often, individuals overlook the importance of providing all aliases, maiden names, and nicknames. This comprehensive information is essential for the accurate processing of the application and to prevent any potential confusion regarding the applicant's identity.

Incorrectly adding a previous employment authorization document when applying for a renewal is also a frequent mistake. Applicants must attach a copy of their previous employment authorization document if they are applying for a renewal. Forgetting to attach this document can impede the renewal process.

The accuracy of the U.S. Mailing Address, including the ZIP code, is critical for ensuring that any correspondence from the USCIS reaches the applicant in a timely manner. An incorrect or incomplete address could result in missed communications or the loss of important documents.

Many applicants do not fully understand the eligibility category section and might choose the incorrect eligibility category for their situation. It is imperative to referring to the eligibility categories listed in the Form I-765 instructions to select the correct category. This mistake could affect the outcome of the application.

A notable area where errors occur is in the sections that ask about previous arrests, charges, or convictions. Applicants sometimes fail to disclose this information accurately, perhaps out of fear that it will negatively impact their application. However, honesty in this section is crucial as it directly affects eligibility and the decision-making process.

Lastly, the declaration and signature section is often overlooked. This section requires a careful review to ensure that all information provided in the application is complete, true, and correct. The failure to sign the Form I-765 results in an incomplete application, which will not be processed until properly signed. This underscores the necessity of thoroughly reviewing the form before submission to avoid any delay in the employment authorization process.

When an individual fills out the Form I-765, Application for Employment Authorization, it's often part of a larger packet of forms and documentation that need to be submitted to the United States Citizenship and Immigration Services (USCIS). Each document serves a unique purpose, collectively presenting a comprehensive profile of the applicant's eligibility for work authorization in the United States.

• Form I-20: Issued to international students, this document is proof of acceptance and enrollment in a U.S. educational institution. It's vital for students applying under the F-1 category for Optional Practical Training (OPT).
• Form DS-2019: This document is required for J-1 visa holders, proving their participation in exchange programs. It's necessary when applying for work authorization under the J-1 category.
• Form I-94: The Arrival/Departure Record, typically received upon entry to the U.S., this document is used to verify an immigrant's entry date and immigration status, which is crucial for proving eligibility for work authorization.
• Form G-1145: While optional, this form requests e-notification of an application's acceptance, allowing applicants to receive a text message or email when their paperwork has been processed.
• Passport Photos: Typically, two passport-style photos are required for identity verification purposes. These must meet specific government standards for size, background, and appearance.
• Copy of Government-Issued ID: A copy of a passport, visa, birth certificate, or other government-issued identification helps establish identity and nationality.
• Proof of Current Immigration Status: Documentation such as a copy of a previous employment authorization document (EAD), visa status, or other USCIS approvals are necessary to establish the applicant's current legal standing in the U.S.

Together, these documents contribute to the foundation of an individual's request for the right to work in the United States. It's essential to carefully review the requirements for each document to ensure the application process proceeds as smoothly as possible. Accurate and complete submissions help prevent delays or denials, moving applicants one step closer to their goal of employment in the U.S.

The Form I-485, Application to Register Permanent Residence or Adjust Status, is similar to the I-765 in that it is also used by noncitizens seeking a change in their immigration status. While the I-765 focuses on employment authorization, the I-485 targets those aiming for permanent residency in the U.S. Both forms require detailed personal information, address a change in the applicant's immigration status, and necessitate careful completion to ensure compliance with U.S. Citizenship and Immigration Services (USCIS) requirements.

Form I-130, Petition for Alien Relative, shares similarities with the I-765 as it involves an application process with USCIS for a benefit based on immigration status. The I-130 is used by U.S. citizens or lawful permanent residents to establish their relationship with a foreign national relative, thereby initiating the process for that relative to immigrate to the U.S. Like the I-765, it requires detailed personal information and accurate documentation to support the application.

Form I-131, Application for Travel Document, is akin to the I-765 in that it serves noncitizens navigating U.S. immigration procedures, specifically those who wish to travel abroad and return without jeopardizing their immigration status. Both forms are integral to maintaining lawful status in the U.S., with the I-131 focusing on reentry to the U.S. and the I-765 on employment authorization.

Form I-129, Petition for a Nonimmigrant Worker, resembles the I-765 in its purpose of authorization for a specific immigration-related benefit – in this case, employment in the U.S. under a nonimmigrant visa category. Both forms are critical for noncitizens seeking to work legally in the U.S., though the I-129 is filed by the U.S. employer and the I-765 by the individual seeking employment.

Form I-140, Immigrant Petition for Alien Worker, and the I-765 both pertain to employment but target different stages of the immigration process. The I-140 is used by U.S. employers to petition on behalf of a foreign national employee for permanent residency based on employment. In contrast, the I-765 allows for employment before permanent residency is granted. Both are key to employment-based immigration pathways.

Form I-589, Application for Asylum and for Withholding of Removal, while primarily focused on protection from return to a country where the applicant may face harm, also allows applicants to eventually seek employment authorization in the U.S. through the I-765, after certain conditions are met. Both forms are crucial for individuals seeking safety and a means to support themselves in the U.S.

Form DS-160, Online Nonimmigrant Visa Application, like the I-765, requires detailed personal information and is a step in obtaining authorization for a specific immigration-related benefit – in this case, entry to the U.S. on a nonimmigrant visa. Both forms are prerequisites for respective immigration or temporary visitation benefits and demand thorough accuracy to avoid processing delays.

Form N-400, Application for Naturalization, although chiefly aimed at those seeking to become U.S. citizens, shares the necessity for detailed personal information and thoroughness with the I-765. Both forms are significant milestones in an individual's immigration journey, with the N-400 representing one of the final steps towards fully securing the rights and responsibilities of U.S. citizenship.

When filling out the Form I-765, Application for Employment Authorization, careful attention to detail is crucial for a smooth processing of your application. Here are some guidelines to help you along the way.

Things You Should Do

• Complete every section: If a question does not apply to you, indicate with “N/A” or “None,” as instructed, instead of leaving it blank. This shows that you did not overlook the question.
• Use black ink if filling out by hand: The form specifies to type or print in black ink. Following this instruction facilitates legibility and scanning.
• Provide accurate information: Ensure all information is true and corresponds with the information on other documentation, as discrepancies can cause delays or denials.
• Include necessary documentation: Depending on your eligibility category, additional documents may be required. Double-check the instructions specific to your category to ensure compliance.
• Sign and date the form: An unsigned form will automatically be rejected. Make sure to sign and date where required.

Things You Shouldn't Do

• Leave sections blank: Always provide a response for each question, even if that means writing “N/A” or “None” for questions that do not apply to you.
• Overlook the additional information section: If you run out of space when answering a question, use the space provided in Part 6. Additional Information to complete your answer. Be sure to indicate clearly which item number your answer corresponds to.
• Submit without a fee (if required): Not all applicants need to pay a fee, but if your category requires one, make sure to include it. Check the instructions for the current fee structure and payment methods accepted by USCIS.
• Forget to attach a copy of your previous employment authorization document if renewing: For those applying for a renewal, a copy of your previous document is necessary unless it’s being replaced due to USCIS error.
• Ignore instructions for specific categories: Several eligibility categories have unique requirements and instructions. Pay close attention to the details specified for your category to avoid common pitfalls that can delay processing.

There are several misconceptions about the Form I-765, Application for Employment Authorization, that applicants should be aware of to avoid any confusion or delays in the processing of their requests. Here, we clarify some of the common misunderstandings:

• Misconception #1: Anyone can apply. Only individuals who fall under specific categories determined by U.S. Citizenship and Immigration Services (USCIS) may apply. It's not a one-size-fits-all form for work authorization in the U.S.
• Misconception #2: Approval is guaranteed. Submitting Form I-765 does not guarantee approval. The decision is based on various criteria, including eligibility and background checks.
• Misconception #3: You can work immediately after applying. You must wait for approval and receive your Employment Authorization Document (EAD) before starting employment.
• Misconception #4: A Social Security Number (SSN) is not needed to file Form I-765. While an SSN is not required to file, obtaining one is recommended for those eligible, as it is necessary for employment in the U.S.
• Misconception #5: The filing fee is always required. There are exceptions where the filing fee can be waived or is not required. For example, a replacement for a card due to USCIS error does not require a new fee.
• Misconception #6: Once you get an EAD, it's valid indefinitely. EADs have expiration dates, and it's crucial to apply for renewal before your current authorization expires to avoid any lapse in work authorization.
• Misconception #7: You can file Form I-765 for any job. The form is designed for specific eligibility categories, and not all types of employment will qualify an applicant for work authorization through Form I-765.
• Misconception #8: You don't need a lawyer to file Form I-765. While it's true that an individual can file on their own, complex situations may benefit from professional legal assistance to ensure accuracy and compliance with all requirements.

Understanding the facts about Form I-765 can streamline the application process and set realistic expectations for those seeking employment authorization in the United States.

When filling out the I-765 form, it’s crucial to provide accurate and complete information. This form is used to request permission to work in the United States. Below are nine key takeaways to guide you through this process:

• Always use black ink when filling out the form, whether you're writing by hand or typing.
• If a question on the form does not apply to you, make sure to write “N/A” for not applicable. Similarly, for questions requiring a numeric response where the answer is zero, you should write “None”.
• Carefully select the reason for applying, as there are different categories such as renewal of permission to work, initial permission, and replacement of your employment document.
• In the case of replacing an authorization document due to USCIS error, you're not required to submit a new I-765 form or pay the filing fee again. Highlight this to avoid unnecessary expenses.
• The form requires detailed personal information, including any previous names you've used. Make sure to mention all aliases, maiden names, and nicknames to avoid delays or issues with your application.
• If you’re looking to obtain a Social Security card through this application, you must consent to the disclosure of information from your I-765 to the Social Security Administration.
• Indicate your eligibility category accurately in the application. The instructions for the form contain a list of categories to guide you in choosing the right one.
• Your application must be signed and dated. Failure to do so could result in the denial of your application. If someone is helping you fill out the form, there’s a section for their information and signature too.
• Before submitting, double-check that you have included all required documents. Missing information or documentation can lead to the denial of your application.

This form is critical for those seeking employment authorization in the U.S. Taking the time to review your application thoroughly before submitting can make a significant difference in the processing time and outcome.