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Guide to Work Permit (Form I-765)

Guide to Work Permit (Form I-765)

November 7, 2024
December 6, 2024

Are you ready to take the next step toward building your career in the United States? If you’re an international student, asylum seeker, or adjusting your immigration status, the Work Permit (Form I-765) is your gateway to legal employment and exciting opportunities.

This guide will walk you through the process—explaining what is Form I-765, who’s eligible, how to apply, and what documents you need—so you can approach your application with confidence.

What Is Form I-765?

Form I-765, officially known as the Application for Employment Authorization, allows you to apply for an employment authorization card (EAD).

This card is more than just proof you can legally work—it’s a critical step for protecting your immigration status and opening doors to professional growth. Without it, unauthorized work could put your immigration future at risk.

Who Needs a Work Permit?

A work permit is required for individuals whose immigration status doesn’t automatically grant them the right to work. Examples include:

  • International students on F-1 visas who want to work through Optional Practical Training (OPT) or need economic relief.
  • Asylum seekers and refugees with pending or approved cases.
  • Spouses and dependents of visa holders in certain family-based categories.
  • Holders of Temporary Protected Status (TPS) or other humanitarian protections.

If you already have work authorization through a visa like the H-1B, you don’t need an EAD. But for many others, the employment authorization card is essential.

Who Is Eligible for Form I-765?

Eligibility for Form I-765 depends on your immigration status. Common scenarios include:

  • Spouses of U.S. citizens or green card holders with pending Adjustment of Status applications.
  • Individuals with protections like DACA or Temporary Protected Status (TPS).
  • International students completing OPT or experiencing financial hardship.

Not sure if you qualify? The USCIS Form I-765 Instructions outline all eligible categories.

How Do You Apply for a Work Permit Using Form I-765?

Applying for a work permit may seem complicated, but breaking it into steps makes it easier. Here’s a simple guide:

1. Complete Form I-765

Download Form I-765 from the USCIS website. Fill it out carefully and accurately—mistakes can lead to delays or denials.

2. Gather Supporting Documents

Include the following with your application:

  • A copy of your passport and visa.
  • Your I-94 travel record.
  • Any previous EADs (if applicable).
  • Two recent passport-style photos.

Ensure all documents are legible and current to avoid processing issues.

3. Pay the Filing Fee

The fee for Form I-765 is $410, and some applicants also need to pay an $85 biometric services fee. If the cost is an issue, you can apply for a fee waiver using Form I-912.

4. Submit Your Application

You can file your application online through the USCIS portal or by mail. Make sure it’s sent to the correct USCIS service center for your category.

5. Track Your Case

Once you’ve submitted your application, you’ll receive a receipt number. Use the USCIS Case Status Tool to monitor your progress.

How Long Does It Take to Process Form I-765?

Processing times for Form I-765 typically range from 3 to 6 months, depending on your eligibility category and the service center handling your case. Once approved, your employment authorization card will arrive by mail within about two weeks.

What If Your EAD Expires or Is Denied?

  • Renewing a Work Permit: Start the renewal process 6 months before your current EAD expires. Many applicants qualify for automatic extensions of up to 540 days.
  • Replacing a Lost EAD: File a new Form I-765, pay the required fee, and request a replacement card.
  • Handling Denials: If your application is denied, USCIS will provide a reason. Many denials stem from incomplete forms or incorrect fees, so take time to prepare your application carefully.

Why Apply for a Work Permit?

An employment authorization card isn’t just a formality—it’s a way to unlock opportunities. Here’s why applying is a smart move:

  • Work Legally: Protect your immigration status and future by ensuring your employment is authorized.
  • Build Your Career: Pursue job opportunities in your field or gain valuable experience.
  • Support Yourself and Your Family: Achieve financial independence and stability.

Tips for a Successful Application

  1. Check your documents carefully: Missing or outdated paperwork can cause unnecessary delays.
  2. Verify fees: Use the latest USCIS fee schedule to ensure you’ve paid the correct amount.
  3. Track your application: Use your receipt number to stay updated on your case status.

Frequently Asked Questions About Form I-765

What is Form I-765?

Form I-765 is the application for an employment authorization card (EAD), which allows non-citizens to work legally in the U.S.

Who is eligible to file Form I-765?

Eligibility depends on your immigration status. Examples include asylum seekers, students on OPT, and spouses of U.S. citizens.

What documents do you need to submit with Form I-765?

Key documents include your passport, visa, I-94 travel record, and two passport-style photos.

How long does it take to process Form I-765?

Most applications take 3 to 6 months, depending on your category.

Secure Your Career with a Work Permit

Filing for a Work Permit (Form I-765) is an essential step for anyone seeking legal employment in the U.S. Whether you’re a student, an asylum seeker, or someone adjusting your immigration status, securing an employment authorization card is critical for achieving your personal and professional goals.

For more advice and tips, contact the immigration attorneys at Rozas Immigration and get the guidance you need to navigate your immigration journey.

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