When applying for employment authorization a person that is temporarily in the United States must file a Form I-765 application. In order for a non-U.S. citizen to work within the United States you must be authorized for employment, as well as, obtain a work visa that describes the kind of work that your hired for.
- The purpose of the form is for those individuals who are temporarily in the United States. Those eligible for employment authorization may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other individuals who are authorized to work in the United States without restrictions should also use this form to apply for a document evidencing such authorization.
If you or someone you know needs help obtaining employment authorization, contact an Immigration attorney to assist you through the process today!
Instructions
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 together with your I-485, or you may submit it at a later date.
If you file Form I-765 separately, you must submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of a Form I-485. If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $380 filing fee.
Details
A single employment authorization and Advance Parole card is available for those applicants who have filed or will file Form I-485, Application to Register Permanent Residence or Adjust Status.
You obtain the card by filing out Forms I-131 and I-765 together. Applicants who have already filed a Form I-485 that is pending should use Form I-765 filing location instructions. Applicants should use Form I-485 filing location instructions when filing Forms I-131, I-765, and Form I-485 at the same time.
Asylum Applicants
Applicants for asylum must wait to apply for employment authorization until 150 days have passed since the date the asylum application was filed and no decision has been made on the asylum application. If 150 days have passed and no decision has been made on your application, you may file Form I-765 to request employment authorization.
If you have received a recommended approval for a grant of asylum, you do not need to wait until 150 days have passed since your filing date and may apply for an employment authorization document immediately upon receipt of the recommended approval. If you are granted asylum, you are entitled to employment authorization incident to your status, and you will receive an employment authorization document from USCIS.
Get Legal Help
If you or someone you know are applying for employment authorization, seek legal help from an immigration attorney today! The application is extensive and needs to be filed with various documents, to ensure you’re prepared supply yourself with a lawyer.