Form I765: Employment Authorization Application Explained
Form I765 is an application for an Employment Authorization Document (EAD), a card verifying an individual's right to work in the U.S. In this Guide we will explain how to get your EAD, how long does it take and what steps you must take to apply for an i765.
![Chelsea Spinos, Writer](https://framerusercontent.com/images/lpF6GxPPJ1jh07YHeMhBRen9U.png)
![Simon Craven, Manifest Immigration Lawyer](https://framerusercontent.com/images/gcbtez7iBbNDW9Gg2Zx7hM8ssM.png)
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
9 min read • July 19, 2024
Key takeaways
Form I765 helps you get a work permit, or Employment Authorization Document (EAD), which you can show to potential employers as proof that you’re eligible to work.
If you fall into any of these categories, you may need to file Form I765: nonimmigrant workers, people adjusting status, certain dependent spouses of nonimmigrant workers, and students.
The processing time for the I765 form can be lengthy, ranging from 6 months to over 1 year.
While waiting for your Employment Authorization Document (EAD), you are generally not allowed to work.
Form I765, officially known as the “Application for Employment Authorization,” is what you need if you’re a foreign national who may be eligible to work in the U.S.
This application helps you get a work permit, or Employment Authorization Document (EAD), which you can show to potential employers as proof that you’re eligible to work.
For citizens and permanent residents (green card holders), working in the U.S. is straightforward—they’re good to go without extra permissions. However, some (not all) nonimmigrants must request employment authorization from USCIS.
If you qualify and get approved for employment authorization through the I765 form, you'll get what's called an Employment Authorization Document (EAD), which is also known as an Employment Authorization Card or Work Permit. This is a license to work legally in the U.S.
If you aren’t yet a U.S. citizen or permanent resident, but wish to obtain authorization to work in the U.S., you may need to complete the I765 form.
Let’s take a look at some of the common categories of who may file Form I765:
Nonimmigrant Workers
People applying for asylum
Certain Dependent Spouses of Nonimmigrant Workers
Students
If you're here on a temporary visa and want to work, you might need to file this form.
If you're in the process of becoming a permanent resident (getting a green card) you may file I765 form while your adjustment of status application is pending.
Dependent spouses of certain nonimmigrant workers, such as some H4 visa holders (spouses of H-1B visa holders) may be eligible to receive an EAD.
Certain categories of students, such as F-1 visa holders who are eligible for Optional Practical Training (OPT) or M-1 visa holders engaged in practical training, may file Form I765 to obtain employment authorization related to their studies.
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Step 1: Check your eligibility
Step 2: Gather required documents for filing
Step 3: Complete the I765 form
Step 4: Include the I765 filing fee
Step 5: Mail your application
Step 6: Attend the biometrics appointment
Step 7: Wait for approval!
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![Form I-129](https://framerusercontent.com/images/QmRHGrm2mMOTmR7d0ERVdeTz5Gk.png)
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This should be your full legal name (usually as written on your passport)
![Form I-129](https://framerusercontent.com/images/KoSICPHT22CY6nZOxv78fPw5Ycc.png)
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It is important to list ALL names you have ever used, or as they appear on official documents (maiden names, nicknames, etc.).
![Form I-129](https://framerusercontent.com/images/8swG94zw60kSUabPjRw5thWsHTo.png)
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Here, you will include your mailing address for USCIS. This is where they will send notices relating to your case. If you residential address is different, you can list that below.
![Form I-129](https://framerusercontent.com/images/nYSL8tD9twuTqODYYoCFSR3QU.png)
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Basic processing questions
![Form I-129](https://framerusercontent.com/images/SMH6eSpG4WYXMB0WrjBadfWWRA.png)
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If you do not already have one, you can request a Social Security number along with your application for employment authorization. The form collects additional information for this process.
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![Form I-129](https://framerusercontent.com/images/VfNk0bllepVh0jVp6skoRNvFXa4.png)
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![Form I-129](https://framerusercontent.com/images/nUOH8Pd6teihuwgYadlGne3H8.png)
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Enter the information for your most recent arrival to the US.
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This sections confirms information about eligibility categories. For example, additional information is needed for STEM OPT applicants. These additional details can be omitted if the special categories do not apply to you.
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Basic processing questions
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Here, you confirm whether you have read this application yourself, or used the services of an interpreter. You also list your contact information.
![Form I-129](https://framerusercontent.com/images/RWjxFVB9suJLLu3g7ZOXl22dw.png)
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This certification is to confirm that you have read every part of your application and are being truthful, among other declarations. It is very important to make sure to sign the form.
![Form I-129](https://framerusercontent.com/images/yHk2QOw6Rq5FHA382iublYAW8.png)
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Here, you confirm whether you have read this application yourself, or used the services of an interpreter. You also list your contact information.
![Form I-129](https://framerusercontent.com/images/vCTgOPcC95JzpZH1zP9DfSnuA.png)
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If someone helped you with the application, like an attorney, these sections would be filled out with their information.
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This is where you would include any information that did not fit into the form fields or additional details and explanations as needed.
![Form I-129](https://framerusercontent.com/images/2yygvng94fXr8GF78YG3dWrki4I.png)
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USCIS provides an unofficial list of evidence to include based on your eligibility category. Most applications require a copy of your passport, proof of your eligibility, and passport-style photos, for example: https://www.uscis.gov/forms/filing-guidance/checklist-of-required-initial-evidence-for-form-i-765-for-informational-purposes-only
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Where to file the application depends on your eligibility category. You can find the filing addresses here: https://www.uscis.gov/i-765-addresses
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You can also file the I-765 application online by creating an account on the USCIS website (https://myaccount.uscis.gov/sign-in).
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The processing time for the I765 form can be lengthy, ranging from 6 months to over 1 year. The actual processing time varies widely depending on factors such as the specific eligibility category and the USCIS service center handling the application.
It's important to note that USCIS reports processing times only for successfully filed forms. If an application is not properly prepared or fails to meet eligibility requirements, USCIS may reject or deny it.
You can review the most recent processing time for the I765 form at the office handling your case on the USCIS website.
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Once filed, you can track your I765 case status online using the receipt number issued by USCIS as confirmation. This can be done here: https://egov.uscis.gov/
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![Form I-129](https://framerusercontent.com/images/GphNr0wjo0WZCsPLOUDXAKl1EI.png)
Remember: Filing the I765 form online is quick and easy, but it won't make USCIS process your application any faster.
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, with a fee on or after April 1, 2024, and your Form I-485 is still pending.
If you are filing under the special ABC procedures for an initial Employment Authorization Document (EAD) for category (c)(8) as an asylum applicant with a pending Form I-589.
If you are requesting an EAD under category (a)(12) or (c)(19) as a Temporary Protected Status (TPS) applicant.
If you are filing under category (c)(33), on Form I-821D, Consideration of Deferred Action for Childhood Arrivals.
Paper filing fee
$260
$520
$520
$520
Online filing fee
$260
$470
$470
$470
Who is required to pay a biometrics fee when applying for a work permit?
What if I can’t afford the i765 fee?
What happens if my i765 form is denied?
Can I work while my i765 form is pending?
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