Who Can File Form I-765?

What is the Purpose of Form I-765?

Form I-765, Application for Employment Authorization, has been designed to help foreign nationals in two ways:

• Some foreign nationals already in the United States may file Form I-765 to request employment authorization and an Employment Authorization Document (EAD).
• The status of some foreign nationals authorizes them to work in the U.S. with np restrictions. They may file Form I-765 to apply to U.S. Citizenship and Immigration Services (USCIS) for an EAD that shows their unrestricted authorization.

Determining I-765 Eligibility

If you are considering filing a Form I-765 or just want to know whether you are eligible to file a Form I-765, you need to be aware that, according to U.S. Citizenship and Immigration Services (USCIS), you must fall under one of the following main categories:

1. Asylees/Refugees and Their Spouses and Children
2. Nationality
3. Foreign Students
4. Eligible Dependents of Employees of Diplomatic Missions, International Organizations, or NATO
5. Employment-Based Nonimmigrant
6. Family-Based Nonimmigrant
7. Adjustment of Status
8. Other

In addition, dozens of sub-categories fall under the main categories – twenty of them under “Other” alone.

As you can imagine, navigating the complex maze of qualifiers and conditions would be daunting for anyone other than an attorney knowledgeable in immigration law. You can best determine whether you are eligible by consulting an experienced, skilled immigration attorney.

Those Who May File Form I-765

For some categories, you are granted employment authorization with your underlying immigration status (called “incident to status” employment authorization).  For example, asylees and refugees have employment authorization as soon as they obtain such status.  In these cases, your EAD is issued upon approval of your Form I-765, and the EAD is evidence of your employment authorization.  For other categories such as parolees or individuals with deferred action, USCIS must first approve your Form I-765 before you are eligible to accept employment in the United States.

PLEASE NOTE: All of the following categories come with exceptions, qualifiers, and detailed instructions. If you believe you may fall under any of these categories, please contact a qualified Boston immigration attorney to explain the specifics and help determine if you are eligible.

Asylee/Refugee Categories (and their Spouses and Children)

1. Refugee–(a)(3).
2. Paroled as a Refugee–(a)(4).
3. Asylee (Granted Asylum)–(a)(5).
4. Granted Withholding of Deportation or Removal–(a)(10).
5. Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement–(c)(8).

Nationality Categories

1. Citizen of Micronesia, the Marshall Islands, or Palau–(a)(8).
2. Deferred Enforced Departure (DED)–(a)(11).
3. Temporary Protected Status (TPS)–(a)(12) and (c)(19).
4. Nicaraguan Adjustment and Central American Relief Act (NACARA) Section 203 Applicants Who Are Eligible to Apply for NACARA Relief With USCIS–(c)(10).
5. Dependent of TECRO E-1 Nonimmigrant–(c)(2).

Foreign Students Categories

1. F-1 Student Seeking Optional Practical Training (OPT) in a Position Directly Related to Major Area of
2. Pre-Completion OPT–(c)(3)(A).
3. Post-Completion OPT–(c)(3)(B).
4. 24-Month Extension for STEM Students (Students with a Degree in Science, Technology, Engineering, or Mathematics)–(c)(3)(C
5. F-1 Student Offered Off-Campus Employment Under the Sponsorship of a Qualifying International Organization–(c)(3)(ii
6. F-1 Student Seeking Off-Campus Employment Due to Severe Economic Hardship–(c)(3)(iii).
7. J-2 Spouse or Minor Child of an Exchange Visitor–(c)(5).
8. M-1 Student Seeking Post-Completion OPT After Completing Studies–(c)(6).

Categories for Eligible Dependents of Employees of Diplomatic Missions, International Organizations, or NATO

1. Dependent of A-1 or A-2 Foreign Government Officials–(c)(1).
2. Dependent of G-1, G-3, or G-4 Nonimmigrant–(c)(4.
3. Dependent of NATO-1 Through NATO-6–(c)(7). 

Employment-Based Nonimmigrant Categories

(NOTE: Each of these categories requires a long list of supporting evidence to be filed along with the Form I-765.)

1. B-1 Nonimmigrant Who Is the Personal or Domestic Servant of a Nonimmigrant Employer–(c)(17)(i).
2. B-1 Nonimmigrant Domestic Servant of a U.S. Citizen–(c)(17)(ii).
3. B-1 Nonimmigrant Employed by a Foreign Airline–(c)(17)(iii).
4. Spouse of an E-1 Treaty Trader, E-2 Treaty Investor, or E-3 Specialty Occupation Professional from Australia–(a)(17).
5. Spouse of an L-1 Intracompany Transferee–(a)(18).
6. Spouse of an E-2 Commonwealth of Northern Mariana Islands (CNMI) Investor–(c)(12).
7. Principal Beneficiary of an Approved Employment-Based Immigrant Petition Facing Compelling Circumstances–(c)(35).
8. Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-Based Immigrant Petition–(c)(36).

Family-Based Nonimmigrant Categories

(NOTE: Each of these categories requires supporting evidence to be filed along with the Form I-765.)

1. K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent–(a)(6).
2. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent–(a)(9).
3. Family Unity Program–(a)(13).
4. LIFE Family Unity–(a)(14).
5. V-1, V-2, or V-3 Nonimmigrant–(a)(15).

Adjustment of Status Categories

1. Adjustment Applicant under Section 245–(c)(9).
2. Registry Applicant Based on Continuous Residence Since January 1, 1972–(c)(16).
3. Renewal EAD for National Interest Waiver Physicians.

Other Categories

(NOTE: Each of these categories requires supporting evidence to be filed along with the Form I-765. Many also have additional detailed instructions.)

1. Legalization Temporary Resident Pursuant to INA Sections 245A or 210–(a)(2).
2. N-8 or N-9 Nonimmigrant–(a)(7).
3. Applicant for Cancellation of Removal–(c)(10).
4. Applicant for Legalization Pursuant to INA Section 210–(c)(20).
5. Applicant for Legalization Pursuant to INA Section 245A–(c)(22).
6. Parole–(c)(11).
7. Deferred Action–(c)(14).
8. Consideration of Deferred Action for Childhood Arrivals–(c)(33).
9. Final Order of Deportation or Removal, including Deferral of Removal under the Convention Against Torture–(c)(18).
10. LIFE Legalization Applicant–(c)(24).
11. Bona Fide Determination Process for T Nonimmigrant Status Principal Applicants and Eligible Family Members–(c)(40).
12. T-1 Nonimmigrant–(a)(16).
13. T-2, T-3, T-4, T-5, or T-6 Nonimmigrant–(c)(25).
14. T Nonimmigrant Adjustment of Status
15. U-1 Nonimmigrant–(a)(19).
16. U-2, U-3, U-4, or U-5–(a)(20).
17. U Nonimmigrant Adjustment of Status–(c)(9).
18. VAWA Self-Petitioners–(c)(31).
19. A-3 or G-5 Nonimmigrant–(c)(14).
20. Applicant for Commonwealth of the Northern Mariana Islands (CNMI) Long-Term Resident Status– (c)(37).

Why You Need to Consult Immigration Attorney, Anu Gupta

An immigration attorney with comprehensive knowledge of the detailed requirements to file a Form I-765 can help you determine whether you qualify. Just as importantly, your attorney can help you complete the Form I-765 properly, fill out and file all the dozens of additional forms which may be required, and guide you to providing all the necessary documentation to help ensure your filing is successful.

Immigration Desk has a rich history of award-winning service to the immigration needs of multinational companies, research and academia, the healthcare industry, and individuals whether in Boston or elsewhere in the USA. For a free consultation, call us at 1-800-688-7892 or contact us today.