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Form I-765 Instructions, How to Apply for EAD

Form I-765 Instructions

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General Form I-765 instructions

Form I-765, also known as the Application for Employment Authorization, is used by eligible foreign nationals to request permission to work in the U.S.

This application is used to obtain an Employment Authorization Document (EAD), also known as a work authorization card. 

This EAD allows the foreign national to work in the U.S. and apply for a Social Security Number (SSN).

Let’s start with the general Form I-765 instructions:

  • Current Edition of Forms: make sure that you are using the current edition of the form I-765. The most current edition is available on the USCIS website.
  • Some categories of applicants are eligible to file Form I-765 online
  • USCIS will reject any outdated editions of the form
  • Sign and date the form
  • Type or print legibly in black ink
  • If you need extra space to complete any item in the I-765, go to Part 6 Additional Information. Indicate the Page Number, Part Number, and Item Number to which your answer refers.
  • Answer all questions fully and accurately
  • if an item is not applicable or the answer is “none,” type or print “N/A,” and it is recommended that you do so
  • You must sign the form in ink. Stamped or typed signatures are not accepted

How to fill out Form I-764 step-by-step 

Form I-765 is completed by the person applying for employment authorization.

For USCIS Use Only: leave it blank.

To be completed by an attorney or Board of Immigration Appeals (BIA)-accredited representative: leave it blank if you are not being represented by an attorney or representative.

Part 1. Reason for Applying

Questions 1.a.-1.c. – I am applying for: Check the appropriate box (1.a, 1.b, or 1.c) to indicate whether you are filing the I-765 to apply for:

  • Initial EAD
  • Applying to replace a lost, stolen, or damaged EAD
  • To request a correction of an error on the EAD; or
  • Apply to renew an EAD.

Check only one of the following boxes:

Box 1.a – Initial permission to accept employment.: Check box 1.a if you have never been previously issued an EAD in the same category. For example, if you have applied for an EAD in the past as an F-1 student but now you are applying under a marriage-based category, choose “Initial permission to accept employment”.

Box 1.b – Replacement of lost, stolen, or damaged EAD, or correction of my EAD NOT DUE to U.S. Citizenship and Immigration Services (USCIS) error.: Check box 1.b if Form I-765 is being filed to replace a lost, stolen, or damaged EAD card or if the I-765 is being filed because there was an error on an EAD card issued to the applicant which was not due to a USCIS error (for example, the error was due to a typo on the previously submitted Form I-765). 

If the correction being requested was due entirely to a USCIS error (for example, the information you provided was correct and the error was caused by USCIS), you do not need to submit a new I-765 application to request a correction.

Box 1.c – Renewal of my permission to accept employment.: Check box 1.c if you have previously been issued an EAD in the same category. If you are checking this box, you must submit a copy of your previously issued EAD card (front and back).

Part 2. Information About You

Questions 1.a.-1.c.– Your Full Legal Name: Enter the applicant’s full legal name as shown on their birth certificate, passport or legal change of name document. 

Questions 2.a.-4.c. – Other Names Used: Provide all other names you have ever used, including aliases, maiden name, and nicknames. 

Questions 5.a.-5.e. – Your U.S. Mailing Address: Enter your U.S. mailing address. The EAD card will be mailed to that address.

If your mail is sent to another person, include an “In Care of Name” as part of the mailing address. 

Question 6 – Is your current mailing address the same as your physical address?: Check “Yes” or “No” to indicate whether your listed mailing address is the same as your physical address. If you answer “No,” provide your physical address in Questions 7.a.-7.d.

Other Information

Question 8 – Alien Registration Number (A-Number) (if any): Enter your Alien Registration Number (also known as an “A-Number” or “A#”) here, if you have one. Most applicants do not have an A-Number. 

A-Numbers are usually assigned when an immigrant petition or application for Adjustment of Status is filed, or if the person has previously been issued an immigrant visa. 

An A-Number is also assigned to individuals placed in removal or deportation proceedings. 

Question 9 – USCIS Online Account Number (if any) – If you have ever created an USCIS Online Account Number, enter it. 

If you have previously filed certain applications or petitions on a paper form, you may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. 

The USCIS Online Account Number (if any) can be found at the top of the notices for the previously filed petition or application. 

The USCIS Online Account Number is NOT the same as an A-Number.

If you don’t know or don’t have an USCIS online account number, leave this field blank.

Question 10 – Gender: Check the appropriate box that reflects your gender.

Question 11 – Marital Status: Check the appropriate box that reflects your current marital status (“Single,” “Married,” “Divorced,” or “Widowed”) as of the date that the Form I-765 is filed with USCIS. 

If you are separated but not yet divorced, select “married.”

Question 12 – Have you previously filed Form I-765?: Check “Yes” if you have ever filed Form I-765 in the past in any category. Answer “No” if you have never filed Form I-765 in the past. 

Question 13.a – Has the Social Security Administration (SSA) ever officially issued a Social Security card to you?: Check “Yes” if you have ever been issued a Social Security Number by the SSA, even if it was issued to you in a different name or different category.  Answer “No” if you have never been issued an SSN in the past.

Question 13.b – Provide your Social Security number (SSN) (if known): If you answered “Yes” to Question 13.a., enter your SSN here. 

Question 14 – Do you want the SSA to issue you a Social Security card?: Check “Yes” if you want the SSA (Social Security Administration) to issue you a Social Security Card. If you answered “No” to Question 14, skip to Question 18. If you answered “Yes” to Question 14, then you must complete Questions 15–17. 

Question 15 – Consent for Disclosure: If Question 14 is answered “Yes” and the applicant would like to receive a Social Security Card, you must also answer “Yes” to Question 15.

Question 16.a. – 17.b.– Mother’s Name and Father’s Birth Name: You must provide the names of your father and mother as they were at the time that your parents were born.

Question 18 – Your Country or Countries of Citizenship or Nationality: List all countries where you are currently a citizen or national. If you are stateless, enter the name of the country where you were last a citizen or national.

Questions 19.a-19.c – Place of Birth: Enter the name of the city, town, or village; state or province; and country where you were born. Enter the name of the country as it was named at the time you were born, even if the country’s name has changed or the country no longer exists.

Question 20 – Date of Birth: Enter your date of birth in the (mm/dd/yyyy) format.

Information About Your Last Arrival in the United States

Question 21.a – Form I-94 Arrival-Departure Record Number (if any): Enter the I-94 number that is listed on your I-94 record.

If your Form I-94 cannot be obtained from the CBP website, you may file Form I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Record with USCIS.

Question 21.b – Passport Number of Your Most Recently Issued Passport: If you used a passport to travel to the U.S. during your most recent entry, provide the passport number even if the passport has expired.

Question 21.c – Travel Document Number (if any): If you did not use a passport but a different document to travel to the U.S. (for example, Refugee Travel Document, Advance Parole) at the time of your most recent entry, enter the travel document number even if it has expired. If you used a passport, enter “Not applicable” in this field. 

Question 21.d – Country That Issued Your Passport or Travel Document: enter the country that issued your passport or travel document.

Question 21.e – Expiration Date for Passport or Travel Document: enter the expiration date of the passport or travel document you used to enter the U.S.

Question 22 – Date of Your Last Arrival Into the United States, On or About: Enter the date on which you last entered the United States in the mm/dd/yyyy format. The date of your last arrival will be listed on the I-94. If your passport was stamped by CBP, you can find the date of entry on the stamp.

Question 23 – Place of Your Last Arrival Into the United States: Enter the location where you last entered the U.S. (for example, New York, NY). 

Question 24 – Immigration Status at Your Last Arrival (for example, B-2 visitor, F-1 student, or no status): Enter the visa category you had when you last entered the U.S. The status you had at the time of your arrival will be listed on the I-94. If the applicant last entered the U.S. without inspection, enter “No Status.” 

Question 25 – Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status or category): Enter your current  status. For example, if your current status is an F-1 nonimmigrant student, enter “F-1 student.” If you filed Form I-539 and changed your status, enter the new status. If you have no valid immigration status, enter “No Status.” If you have been issued deferred action, such as DACA, enter “Deferred Action.” If you have no other status but are authorized to stay while your I-485 application is pending, enter “I-485 Pending.” 

Question 26 – Student and Exchange Visitor Information System (SEVIS) Number (if any): If the applicant has previously been in F, M, or J status, enter the SEVIS number from the I-20 or DS-2019. This field is mandatory for F, M, or J category applicants.

Question 27 – Eligibility Category: Enter your appropriate eligibility category. Refer to the checklist of required documents provided in this article for a list of all eligible categories.

If your Form I-765 is filed based upon a concurrently filed or pending I-485 application, enter (c)(9) in response to Question 27.

Questions 28 – 28.c. – These questions must be answered only by STEM OPT (c)(3)(C) category applicants. Failure to answer these questions by (c)(3)(C) applicants might result in denial of your application. All other categories can skip these questions.

Question 29 – This question must be answered only by spouses of an H-1B Nonimmigrant – (c)(26) category. Enter the receipt number of your H-1B spouse’s Form I-129. All other categories can skip this question. Learn more about How to Apply for EAD as an H-4 Dependent.

Question 30 – This question must be answered only by applicants with a pending application for Asylum and Withholding of Deportation and Removal (c)(8). Answer “Yes” if you have EVER been arrested for and/or convicted for any crime in any country in the world. Answer “No” if you have never been arrested for and/or convicted for any crime in any country in the world. If you answered “Yes” to this question, you are required to submit evidence of any arrests and/or convictions. All other categories can skip this question.

Questions 31.a. – 31.b. – These questions must be answered only by the following categories of applicants:

  • Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances (c)(35)
  • Spouse or an Unmarried Child of a Principal Beneficiary of an Approved Employment-Based Immigrant Petition (c)(36)

Provide your Form I-140‘s receipt number in response to Question 31.a.

If you have EVER been arrested for and/or convicted of any crime in any country in the world, answer “Yes” and  you must submit documentation of any arrests and/or convictions. All other categories can skip this question.

Part 3. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature

Applicant’s Statement

Question 1.a. – If you can comfortably read and understand the application in English, then check the box in Question 1.a.

You should carefully review the entire application for accuracy prior to signing.

Question 1.b. – If you are not proficient enough in reading English, then a competent interpreter needs to read through the application with you for accuracy review prior to signing. The interpreter need not be a professional interpreter but should be someone that is able to properly interpret the application. In such a case, the box in Question 1.b should be checked and the language used to interpret the application to the applicant should be entered (for example, Spanish, French, etc.)

Question 2 – The box for Question 2 should be checked if anyone has prepared the application at your request. If a preparer was used to prepare the application, Part 5 must be completed too.

Applicant’s Contact Information

Questions 3, 4, and 5 – Enter your daytime telephone number, cell phone number (if any), and email address (if any).

Question 6 – This question is skipped where the eligibility category of (c)(33) is entered in response to Question 27.

Applicant’s Signature

Question 7.a. Applicant’s Signature – sign the form. It must be an ink signature. USCIS does not accept stamped or typed signatures.

Question 7.b. – enter the date in mm/dd/yyyy format.

Part 4. Interpreter’s Contact Information, Certification, and Signature

If an interpreter was used to read you the application in your native language, then Part 7 must be completed with the information about the interpreter. 

The interpreter must sign and date to certify that they are:

  • Fluent in English and the language the applicant used; 
  • They have completely read the application to the applicant in that language;
  • The applicant confirmed to understand the contents of the application; and 
  • The applicant verified the accuracy of the application.

Part 4 is completed by entering the full legal name of the interpreter, the interpreter’s mailing address, daytime phone number, cell phone number (if any), email address (if any), and the language used to interpret the application to the applicant. The interpreter must then sign and date the application where indicated at Question 7 on Page 5 of the application.

Part 5. Contact Information, Declaration, and Signature of the Person Preparing This Application, If Other Than the Applicant

Part 5 is completed by entering the preparer’s full name, organization name (if applicable), mailing address, daytime telephone number, fax number (if any), and email address (if any). 

The box at Question 7.b should be checked if an attorney has prepared the application.

The preparer must sign and date the application where indicated as Question 8 attesting to certifications about the preparation and accuracy of the application.

Part 6. Additional Information

This section can be used if there is not enough space in any other parts of the form to provide all requested information. 

Note: Even if no information is provided in Part 6, this page should still be included with the application when submitted to USCIS. 

If you need additional space, make copies of this page to use to provide all requested information. 

If you are using Part 6 to provide additional information, enter:

  • Applicant’s name 
  • Alien Registration Number (A-Number) (if any)
  • Indicate the Page Number, Part Number, and Item Number to which the answer refers.

Form I-765 checklist of required documents

You must submit photocopies of the following documents with your I-765 application:

Evidence

Acceptable documents

Most recent EAD (only if you were ever issued one before)
  • EAD card (front and back)
Government-issued ID with photograph

One of the following:

  • Passport (biographic page)
  • U.S. visa
  • National ID (front and back), plus English translation
  • Birth certificate with photo ID
Photographs
  • Two identical passport-style photographs (in color) of the applicant that have been taken recently
  • Print your name name and A-Number (if any) on the back of the photo
Proof of lawful entry
  • Printout of your electronic Form I-94

Checklist for each Form I-765 category

Pending Adjustment of Status (Form I-485) – (c)(9) 
  • Form I-485 notice (only if filing I-765 after I-485 is registered)
Spouse of an H-1B Nonimmigrant (c)(26)
  • Evidence that either your spouse is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or your spouse received H-1B status based on the American Competitiveness in the Twenty-First Century Act (AC21) sections 106(a) and (b);
  • Evidence of your current nonimmigrant status, such as a copy of your Form I-94 showing your admission in (or change of status to) H-4 nonimmigrant status or file this form concurrently filed with Form I-539, Application to Change/Extend Nonimmigrant Status (if applicable); and
  • Your marriage certificate, or if not available, other secondary evidence of the marriage.
K-1 Nonimmigrant Fiancé(e) of a U.S. Citizen or K-2 Dependent (a)(6)
  • Evidence of your admission (for example, a copy of your Form I-94, passport, or other travel document); and
  • A copy of your K visa.
K-3 Nonimmigrant Spouse of a U.S. Citizen or K-4 Dependent (a)(9)
  • Evidence of your most recent admission (for example, a copy of your Form I-94, passport, or other travel document); and
  • Your Form I-797C, Notice of Action.
Student with a Degree in Science, Technology, Engineering, or Mathematics (STEM) Who is Seeking A 24-Month STEM Extension of Optional Practical Training (c)(3)(C)
  • Evidence of the degree that is the basis for the STEM Optional Practical Training (OPT) extension and is currently listed on the STEM Designated Degree Program List;
  • A copy of your Form I-20 signed by the designated school official (DSO) within 60 days before filing your Form I-765; and
  • Evidence that the institution is currently accredited by the U.S. Department of Education and certified by the Student and Exchange Visitor Program (SEVP) if you are seeking a STEM OPT extension based on a previously earned STEM degree
Student Seeking Pre-Completion Optional Practical Training (c)(3)(A)
  • Evidence of having been lawfully enrolled on a full-time basis for one full academic year at a college, university, conservatory, or seminary approved by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) for attendance by F-1 foreign students;
  • All previously used Student and Exchange Visitor Information System (SEVIS) numbers in the Additional Information section of the form;
  • Evidence of any previously authorized Curricular Practical Training (CPT) or Optional Practical Training (OPT) and the academic level at which each was authorized; and
  • A copy of your Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, signed by the designated school official (DSO).
Student Seeking Post-Completion Optional Practical Training (c)(3)(B)
  • All previously used Student and Exchange Visitor Information System (SEVIS) receipt numbers and any previously authorized Curricular Practical Training (CPT) or Optional Practical Training (OPT) and the academic level in which it was authorized in Part 6, Additional Information; and
  • A copy of your Form I-20 signed by the designated school official (DSO) within 30 days before filing your Form I-765.
F-1 Student Who was Offered Off-campus Employment Under the Sponsorship of a Qualifying International Organization (c)(3)(ii)
  • The international organization’s letter of certification that the proposed employment is within the scope of its sponsorship; and
  • A copy of your Form I-20 with the employment page completed by the designated school official (DSO) certifying your eligibility for employment.
F-1 Student Seeking Off-Campus Employment Due to Severe Economic Hardship (c)(3)(iii)
  • A copy of your Form I-20 with the employment page completed by the designated school official (DSO) certifying your eligibility for off-campus employment due to severe economic hardship;
  • Evidence you have been in valid F-1 status for one full academic year, are a student in good standing, and are enrolled in a full course of study;
  • Evidence that accepting employment will not interfere with your enrollment in a full course of study;
  • Evidence the employment is necessary to avoid severe economic hardship; and
  • Evidence that on-campus employment is not available or is not sufficient to meet the needs that have arisen due to the unforeseen circumstances.
M-1 Student Seeking Post-Completion Practical Training After Completing Studies (c)(6)
  • A copy of your Form I-20 signed by the designated school official (DSO); and
  • This form concurrently filed with Form I-539, Application to Change/Extend Nonimmigrant Status (if applicable), that requests an extension of stay that covers the requested period of post-completion Practical Training and a 30-day departure period.
J-2 Spouse or Minor Child of an Exchange Visitor (c)(5)
  • A copy of your Form DS-2019;
  • Evidence the J-1 principal noncitizen is currently maintaining status;
  • Evidence that any income from this employment authorization will not be used to support the J-1 principal noncitizen;
  • Evidence you are currently maintaining status; and
  • Evidence of all previously authorized periods of J-2 employment (if applicable).
Pending Applicant for Asylum and Withholding of Deportation and Removal (c)(8)
  • Evidence of a lodged or filed Form I-589 with USCIS or EOIR:
    • If filed with USCIS, provide a copy of your USCIS Acknowledgment of Receipt and USCIS Asylum Interview Notice; or 
    • Your Form I-797C application support center appointment notice; 
    • Any other evidence of a filed Form I-589;
    • If lodged with EOIR, provide a legible copy of Form I-589 containing the Received Date stamp and Lodge/Receipt Stamp; or
    • If filed with EOIR, provide acknowledgment you received Form I-589 (such as receipt stamp) or any other available evidence. 
  • If an immigration judge denied your Form I-589, evidence of a timely appeal of the denied asylum application with the Board of Immigration Appeals (BIA).
  • If the BIA remanded your Form I-589 to an immigration judge for further adjudication of your underlying asylum claim: 
    • A copy of the BIA decision and order remanding your case to the immigration judge; and 
    • Evidence that your asylum claim remains under review by the immigration judge.
  • If a federal court remanded your asylum claim to the BIA for further action, and your claim is still pending with the BIA: 
    • A copy of the federal court’s remand order. 
  • Proof of arrests and convictions (if applicable).
Asylee (a)(5) (Granted Asylum)
  • Form I-94, Arrival/Departure Record, indicating asylee status;
  • A USCIS asylum grant letter;
  • Order signed by immigration judge granting asylum status; or
  • Form I-797, Notice of Action, granting derivative asylum status.
Refugee (a)(3)
  • A copy of your Form I-94, Arrival/Departure Record;
  • A copy of your final notice of eligibility for resettlement (approval letter); or
  • A copy of your Form I-797, Notice of Action, approving derivative refugee status (Form I-730 approval).
Paroled as a Refugee (a)(4)
  • A copy of your Form I-94, Arrival/Departure Record
  • Passport, or 
  • Travel document.
Granted Withholding of Deportation or Removal (a)(10)
  • Order signed by immigration judge granting withholding of deportation or removal.
Under Temporary Protected Status (TPS) (a)(12) and (c)(19)
  • This application concurrently filed with Form I-821 
  • Evidence that USCIS registered or approved your Form I-821;
  • Evidence of your nationality and identity (birth certificate, passport, national ID); and
  • A copy of the order granting TPS with your Form I-765, such as a copy of your Form I-821 that the Executive Office for Immigration Review (EOIR) judge or Board of Immigration Appeals (BIA)approved, if an EOIR immigration judge or the BIA granted TPS and you are requesting your first Employment Authorization Document or are re-registering for the first time.
Re-Registering for Temporary Protected Status (TPS) (a)(12)
  • This application concurrently filed with Form I-821;
  • A letter indicating this application is for TPS re-registration; and
  • A copy (front and back) of your last available TPS document (for example, an Employment Authorization Document, Form I-94, a passport, a travel document, or a Form I-797, Notice of Action).
A Citizen of Micronesia, the Marshall Islands, or Palau (a)(8)
  • Evidence you were admitted as a citizen of the Federated States of Micronesia, the Marshall Islands, or Palau under agreements between the U.S. and the former trust territories.
Under Deferred Enforced Departure (DED) (a)(11)
  • Evidence of your identity and nationality (if you are without nationality, submit evidence of your residence in the last country in which you habitually resided); and
  • Statement of your basis for claiming that you are covered by DED, and evidence (if available) to support your claim.
Nicaraguan Adjustment and Central American Relief Act (NACARA) Section 203 Applicant Who is Eligible to Apply for NACARA Relief with USCIS (c)(10)
Dependent of a TECRO E-1 Nonimmigrant (c)(2)
  • Certification from the American Institute in Taiwan if you are the spouse or unmarried dependent son or daughter of an E-1 employee of the Taipei Economic and Cultural Representative Office.
B-1 Nonimmigrant Who is the Personal or Domestic Servant of a Nonimmigrant Employer (c)(17)(i)
  • Evidence of your lawful B nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document);
  • Evidence your employer is a B, E, F, H, I, J, L, M, O, P, Q, or TN nonimmigrant;
  • Evidence you worked for the employer for at least one year before the employer entered the United States, or your employer regularly employs personal and domestic servants and has done so for a period of years before coming to the United States;
  • Evidence you have either worked for this employer as a personal or domestic servant for at least one year, or evidence you have at least one year of experience as a personal or domestic servant; and
  • Evidence you have a residence abroad that you have no intention of abandoning.
B-1 Nonimmigrant Domestic Servant of a U.S. Citizen (c)(17)(ii)
  • Evidence or your lawful B nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document);
  • Evidence that your employer is a U.S. citizen (unexpired US passport, US birth certificate, naturalization certificate or Consular Report of Birth Abroad);
  • Evidence your employment has a permanent home abroad or is stationed outside the United States and is temporarily visiting the United States, or evidence that your employer’s current assignment in the United States will not be longer than four years; and
  • Evidence your employer has employed you as a domestic servant abroad for at least six months before your admission to the United States.
B-1 Nonimmigrant Employed by a Foreign Airline (c)(17)(iii)
  • Evidence of your lawful B nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document); and
  • A letter from the airline fully describing your duties and stating your position would entitle you to E nonimmigrant status except for the fact that you are not a national of the same country as the airline, or because there is no treaty of commerce and navigation in effect between the United States and that country.
Spouse of an E-1 Treaty Trader, E-2 Treaty Investor, or E-3 Specialty Occupation Professional from Australia (a)(17)
  • Evidence of your lawful E nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document);
  • Evidence of your spouse’s lawful E nonimmigrant status (for example, copy of your spouse’s Form I-94, passport, or other travel document); and
  • Your marriage certificate, or if not available, other secondary evidence of the marriage.
Spouse of an L-1 Intracompany Transferee (a)(18)
  • Evidence of your lawful L nonimmigrant status (for example, a copy of your Form I-94, passport, or other travel document);
  • Evidence of your spouse’s lawful L nonimmigrant status (for example, a copy of your spouse’s Form I-94, passport, or other travel document); and
  • Your marriage certificate, or if not available, other secondary evidence of the marriage.
Spouse of an E-2 Commonwealth of Northern Mariana Islands (CNMI) Investor (c)(12)
  • Evidence of a legal marriage;
  • Evidence you and your spouse legally terminated any prior marriages (if applicable);
  • Evidence you reside in the CNMI;
  • Evidence your spouse obtained E-2C status;
  • Evidence you obtained E-2C status as a dependent; and
  • A copy of your spouse’s CNMI issued Long-Term Business Certificate or Foreign Investment Certificate.
Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances (c)(35)
  • Proof you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status;
  • Proof of your approved Form I-140;
  • Evidence you are facing compelling circumstances while you wait for your immigrant visa to become available; and
  • Proof of arrests and convictions (if applicable).
Spouse or an Unmarried Child of a Principal Beneficiary of an Approved Employment-Based Immigrant Petition (c)(36)
  • Proof of your nonimmigrant status;
  • Proof of relationship to the principal beneficiary of the approved Form I-140 (marriage certificate or birth certificate);
  • Proof that the spouse or parent principal beneficiary was granted employment authorization or has a pending Form I-765 under eligibility category (c)(35); and
  • Proof of arrests and convictions (if applicable).
V-1, V-2, or V-3 Nonimmigrant (a)(15)
  • Evidence of your valid V status (for example, an approval notice, your Form I-94, passport, or this form filed concurrently with your application for V status).
Registry Applicant Based on Continuous Residence Since Jan. 1, 1972 (c)(16)
  • This form filed concurrently with Form I-485, or 
  • Evidence of a pending I-485 (for example, a copy of your Form I-485 receipt notice or biometrics notice).
Physician Applying to Renew Your National Interest Waiver EAD
  • Evidence of your meaningful progress toward completing the national interest waiver obligations; and
  • If you did not work as a national interest waiver physician during any period of the previous year, submit an explanation why and provide a statement of future intent to work as a physician in a qualifying location.
Legalization Temporary Resident Under INA Sections 245A or 210 (a)(2)
  • Evidence that USCIS approved Form I-687; or 
  • Form I-700, Application for Status as a Special Agricultural Worker; or
  • A copy of your Employment Authorization Document showing your temporary resident status.
N-8 or N-9 Nonimmigrant (a)(7)
  • Evidence of your lawful N status (for example, a copy of your Form I-94, passport, or other travel document).
Applicant for Cancellation of Removal (c)(10)
  • Evidence that EOIR-42A or EOIR-42B is currently pending with the Executive Office for Immigration Review, and
  • Evidence you paid the application filing fee.
Applicant for Legalization Under INA Section 210 (c)(20)
  • Evidence your Form I-700, Application for Status as a Temporary Resident Under Section 210 of the INA, is currently pending (for example, a copy of a receipt notice or other evidence).
Applicant for Legalization Under INA Section 245A (c)(22)
  • Evidence your Form I-687, Application for Status as a Temporary Resident Under 245A of the INA, is pending (for example, a copy of a receipt notice or other evidence).
Parolee (c)(11)
  • Evidence you were paroled into the United States for urgent humanitarian reasons or reasons of significant public benefit (for example, a copy of your Form I-94, passport, or other travel document).

If you were paroled into the United States after establishing a credible fear of persecution or torture under INA 235(b)(1)(A), you are not eligible for either an initial or renewed Employment Authorization Document under the (c)(11) eligibility category. You may still be eligible to apply for work authorization based on the (c)(8) eligibility category if your asylum application has been pending for more than 365 days and you meet the remaining eligibility requirements.

Granted Deferred Action (c)(14)
  • Evidence of a grant of deferred action (for example, a copy of an order, notice or other document); and
  • Proof you have an economic necessity to work (financial information).
Requesting Consideration Of Deferred Action For Childhood Arrivals (c)(33)
Under a Final Order of Deportation or Removal, Including Deferral of Removal Under the Convention Against Torture (c)(18)
  • A copy of the Executive Office for Immigration Review immigration judge’s Order of Removal, and
  • Form I-220B, Order of Supervision (if any).
LIFE Legalization Applicant (c)(24)
  • Evidence you were a Catholic Social Services (CSS), League of United Latin American Citizens (LULAC), or Zambrano class member applicant before Oct. 1, 2000; and
  • Evidence your Form I-485 is currently pending (for example, a receipt notice or other evidence).
T-1 Nonimmigrant (a)(16) (Replacement or Renewal)
  • Evidence of your valid T-1 nonimmigrant status.
T-2, T-3, T-4, T-5, or T-6 Nonimmigrant (c)(25)
  • Evidence of your valid T derivative status:
    • A copy of the approval notice for your T nonimmigrant status if you obtained T nonimmigrant status while in the United States, or
    • A copy of your passport with your T nonimmigrant visa if you were admitted to the United States as a T nonimmigrant.
Approved as a T Nonimmigrant Adjustment of Status (c)(9)
  • Evidence of your valid T; and
  • This application if filed concurrently with Form I-485, or 
  • Evidence of a pending I-485 (for example, a copy of your Form I-485 receipt notice or biometrics notice).
U-1 Nonimmigrant (a)(19) (Replacement or Renewal)
  • A copy of your passport with your U nonimmigrant visa.
U-2, U-3, U-4, or U-5 Nonimmigrant (a)(20)
  • Evidence of your valid U derivative status:
    • A copy of the approval notice for your U nonimmigrant status if you obtained U nonimmigrant status while in the United States, or
    • A copy of your passport with your U nonimmigrant visa if you were admitted to the United States as a U nonimmigrant.
Under U Nonimmigrant Adjustment of Status (c)(9)
  • Evidence of your valid U status; and
  • This form if filed concurrently with Form I-485, or 
  • Evidence of a pending I-485 (for example, a copy of your Form I-485 receipt notice or biometrics notice).
Violence Against Women Act Self-Petitioner (c)(31) (Replacement or Renewal)
  • Evidence of the principal beneficiary’s approved Form I-360 self-petition.
A-3 or G-5 Nonimmigrant (c)(14)
  • A copy of the civil complaint filed in court;
  • Proof of lawful admission to the United States in A-3 or G-5 status (for example, a copy of your passport with your A-3 or G-5 nonimmigrant visa); and
  • Evidence the civil case is still pending (if requesting renewal).

Form I-765 filing fees

Filing fees for Form I-765, Application for Employment Authorization are provided below:

Category

Filing fee

Pending Adjustment of Status (Form I-485) – (c)(9)
  • $0 if filing together with Form I-485 and you paid I-485 fees
  • $0 if filing after Form I-485 was registered and you paid I-485 fees
All other categories 
  • $410
  • (c)(35) A beneficiary of an approved employment-based immigrant petition and you are facing compelling circumstances;
  • (c)(36) A spouse or unmarried dependent child of a beneficiary of an employment-based immigrant petition who is facing compelling circumstances; or
  • (c)(37) An applicant for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status. This category is not eligible for a fee waiver.
  • $410
  • $85 biometric fee

Nicaraguan Adjustment and Central American Relief Act (NACARA) Section 203 Applicants Who Are

Eligible to Apply for NACARA Relief With USCIS–(c)(10)

  • Fee waiver is available 
Exceptions

Replacement (correction) of an employment authorization document due to USCIS error does not require a new Form I-765

  • $0
Initial TPS applicants under 14 years of age or over 65 years of age
  • $0

Initial EAD application:

  • (a)(3) Refugee
  • (a)(4) Paroled as Refugee
  • (a)(5) Asylee
  • (a)(7) N-8 or N-9 nonimmigrant
  • (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
  • (a)(10) Granted Withholding of Deportation
  • (a)(16) Victim of Severe Form of Trafficking (T-1 Nonimmigrant)
  • (a)(12) or (c)(19) Temporary Protected Status if you are filing an initial TPS application and you are under 14 years of age or over 65 years of age. All applicants for TPS re-registration who want an EAD must pay the filing fee, unless granted a fee waiver
  • (a)(19) Victim of Qualifying Criminal Activity (U-1 Nonimmigrant)
  • (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel
  • (c)(8) Applicant for Asylum and Withholding of Deportation and Removal (an applicant filing under the special ABC procedures must pay the filing fee)
  • (c)(16) Registry applicant who filed Form I-485 on or after July 30, 2007, and paid the appropriate Form I-485 filing fee
  • (c)(31) VAWA Self-Petitioner
  • $0

If this is a renewal application:

  • (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
  • (a)(10) Granted Withholding of Deportation
  • (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel
  • (c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed for adjustment of status on or after July 30, 2007, and paid the Form I-485 filing fee
  • $0

Related links:

I-765 Form – How to Get a Work Permit and Social Security Number (SSN)

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