I-765 and the Employment Authorization Document: What You Need to Know

Immigration Practice Areas > Visas > Form I-765 and the Employment Authorization Document: What You Need to Know

I-765 and the Employment Authorization Document - Davis & AssociatesIf you’re in the United States on a visa that doesn’t expressly permit you to work, you’ll most likely need to fill out and file Form I-765, Application for Employment Authorization.

This form allows you to petition the U.S. government for authorization to work, regardless of the type of visa you’re using to stay in the country.

But who can file Form I-765 and get an Employment Authorization Document, or EAD? This guide explains.

What Is a Form I-765?

Some foreign nationals in the United States may need to file Form I-765, Application for Employment Authorization. This form is what you use to ask the U.S. government if you can work while you’re here.

Please note that if you need authorization from the U.S. government to work and you fail to obtain it, you may be violating your visa’s terms, which is unlawful.

Some people are in the United States with the express purpose of working. If you have a worker visa, you may not need to obtain this authorization, but you should check with your immigration attorney just to be sure. On the other hand, you may want to obtain documentation that says you’re authorized to work in the U.S., and this is the form you’ll use to get it.

You can also use Form I-765 to apply for a Social Security number and Social Security card. A Social Security number, or SSN, allows you to get a job, report your wages to the U.S. government and more.

Who Needs To File Form I-765?

You only need to file form I-765 if you are seeking authorization to work in the U.S., or if you need a Social Security number. You may use it if you want to obtain documentation that says you’re eligible to work, even if you don’t need it.

If you have a green card, which means you’re a lawful permanent resident of the United States, you should not file Form I-765. You already have authorization to work and live anywhere you’d like in the U.S. if you’re a lawful permanent resident.

Form I-765 - Business Immigration Services - Davis & Associates

You do not need to file an application for work authorization if you already have a work visa. Your work visa already authorizes you to work for your specific employer. You're allowed to work for that employer for as long as your visa is valid.

Who’s Eligible To File An Application For Employment Authorization?

You may be eligible to file an Application for Employment Authorization if you are a:

  • A-3 nonimmigrant
  • B-1 visa holder who’s a personal or domestic servant of a nonimmigrant employer, of a U.S. citizen, or employee of a foreign airline
  • Continuous resident since January 1, 1972
  • Dependent of some foreign government officials, a dependent of a G-1, G-3 or G-4 nonimmigrant, or a dependent of a NATO-1 through NATO-6 nonimmigrant
  • Foreign student in some F, J and M visa categories
  • G-5 nonimmigrant
  • K-1 nonimmigrant fiancé of a U.S. citizen or K-2 dependent, or a K-3 nonimmigrant spouse of a U.S. citizen or K-4 dependent
  • Part of the Family Unity Program or LIFE Family Unity program
  • Principal beneficiary of an approved employment-based immigrant petition who is facing “compelling circumstances,” or the spouse or unmarried child of such a person
  • Refugee or asylee in the United States
  • Spouse of an E-1 treaty trader, E-2 treaty investor or E-3 specialty occupation professional from Australia
  • Spouse of an E-2 Commonwealth of Northern Mariana Islands, or CNMI, investor
  • Spouse of an H-1B nonimmigrant
  • Spouse of an L-1 intracompany transferee
  • T-1, T-2, T-3, T-4, T-5 or T-6 nonimmigrant
  • U-1, U-2, U-3, U-4 or U-5 visa holder
  • V-1, V-2 or V-3 nonimmigrant
  • VAWA self-petitioner

Others may also be eligible to apply. If you’re not sure whether you qualify to apply for work authorization in the United States, you should check with your immigration attorney for more information. Your lawyer will be able to tell you, based on your immigration status and visa type, whether you’re eligible to apply for employment authorization.

The Three Eligibility Categories for Authorization to Work in the United States

For people who are not United States citizens, there are three categories of eligibility for work authorization.

In Category 1, you may be authorized to work because of your immigration status, and in Category 2, you may be authorized to work only for a specific employer as a result of your nonimmigrant status. Finally, in Category 3, you may be part of an immigration category that requires you to request employment authorization (as opposed to assuming authorization based on your immigration status).

Frequently Asked Questions About Employment Authorization Documents

Check out our most frequently asked questions about employment authorization documents. If you don't see the answer question listed here, please feel free to call our office and ask during a free consultation. Our team will be happy to discuss employment authorizations and other immigration matters with you.

Can An Attorney File Form I-765 For You?

Your immigration attorney can absolutely file Form I-765 for you. If you have your attorney filed this form for you, you'll provide supporting documentation as necessary. Then, you and your attorney can check your petition’s status.

How Long Does It Take For An I-765 Application For Employment Authorization To Be Approved?

Many people find that they receive a decision on a Form I-765, Application for Employment Authorization, within 90 days of applying. Some initial asylum applicants receive decisions within 30 days.

What Happens After USCIS Receives Your Form I-765?

As soon as USCIS receives your Form I-765, you should get a receipt notice. The receipt lets you know that USCIS received the document – but nothing more. Then, you will receive a biometric services notice. This notice includes the date, time and location for your appointment at an Application Support Center, or ASC. The biometric information you provide during this appointment lets the United States government confirm your identity as well as run background and security checks on you.

If required, you'll also receive a notice to appear for an interview. However, this isn't required for everyone. Finally, you'll receive a notice of USCIS’s decision on your employment authorization. You or your attorney can check the status of your case with a USCIS online account, as well.

What Should You Bring to a Biometrics Appointment?

Commonly called an ASC appointment (because it’s held at an Application Support Center), your biometrics appointment is an important one. You should bring your ASC appointment notice, which comes on Form I-797C, as well as a valid photo ID. You may bring your passport, driver’s license or other official document that has your photograph on it.

During your appointment, you’ll submit your biometric information through machines. That means USCIS will obtain your photo and take your fingerprints. You’ll also have to sign your name. This whole process is about confirming your identity so that USCIS knows who it’s dealing with and can perform a criminal background check.

Note: In some cases, USCIS doesn’t need to take your photo – sometimes they only need fingerprints. In other cases, they only need to take a print of your index finger.

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