Requirements to file Form I-765

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What are the requirements to file Form I-765, Application for Employment Authorization?

Some foreign nationals who lives in the United States temporarily may file Form I-765 to request an Employment Authorization Document (EAD). Some foreign nationals who are allowed to work in the United States without any restrictions must also file Form I-765 to request an EAD that shows such authorization. In order to determine the work authorization requirements, you must recognize the category in which you are eligible for EAD and need to fill in the category information on Form I-765.

Some of the categories and the requirements are listed below:


Work authorization requirements - Refugee:

File your Form I-765, EAD Application with

• A copy of Form I-590 (OR)

• A copy of a Form I-730


Paroled as a Refugee:

File your EAD Application with

• A copy of Form I-94, Arrival departure record


Work authorization requirements - Asylee (Granted Asylum)

File your Form I-765, EAD Application with

• A copy of the USCIS letter, or judge's decision, granting you asylum.

Remember it not necessary to fie Form I-765, EAD application as an asylee until ninety days before the expiration of your current EAD.


Work authorization requirements - Temporary Protected Status (TPS)

File your Form I-765, EAD Application with

• Form I-821, Application for Temporary Protected Status.

Remember if you are filing for the first time for an EAD, then you must also include evidence of your nationality and identity as required by the Form I-821


Work authorization requirements - F1 students seeking OPT in an occupation directly related to studies:

File your Form I-765, EAD Application with

• Certificate of eligibility of F-1 status (Form I-20) Endorsed by a designated school official within the past 30 days.


Work authorization requirements - M1 students seeking Practical Training after completing studies

File your Form I-765, EAD Application with

• A completed and signed Form I-539, Application to change/Extend Nonimmigrant Status

• Form I-20 M-N, Certificate of eligibility --- For vocational students endorsed by the designated school official within the past 30 days.


Employment- Based Non-immigrant Categories - B-1 Non-immigrant who is the personal or Domestic Servant of a Non-immigrant employer.

File your EAD Application with

• Evidence that the employer is a B,F,E,H,I,J,L,M,O,R,P, or TN non-immigrant.

• Evidence that you are employed for the employer for atleast one year before the employer enters the United States.


B-1 Non-immigrant Domestic Servant of a U.S. Citizen

File your EAD Application with

• Evidence that the employer is acitizen of the United States

• Evidence that you are employed as a domestic servent outside the United States for at least 6 months prior to entering the United States.


Family- Based Non-immigrant Categories - K-1 Non-immigrant fiance(e) of U.S.Citizen

File your EAD Application within 90 days from the date of entry. Remember this EAD cannot be renewed. All EAD application except EAD for replacement must be based only on your pending I-485 application.


V-1 Non-immigrant

File your EAD Application with

• Evidence of admission into the United States such as copies of I-94, passpor.

• Evidence of V status

EAD Applicants who had filed Form I-485, Application to Register Permanent Residence or Adjust Status

File your EAD Application with

• A copy of I-797 receipt notice or any other evidence that the I-485 appliocation is pending.