I-765, Application for Employment Authorization
ALERT: On Dec. 10, 2024, the Department of Homeland Security announced a final rule that permanently increases the automatic extension period for employment authorization and Employment Authorization Documents available to certain EAD renewal applicants from up to 180 days to up to 540 days. The final rule will continue to help prevent eligible renewal EAD applicants from experiencing a lapse in employment authorization and/or the validity of their EAD due to lengthy processing times.
The final rule will become effective on Jan. 13, 2025, and will apply to certain timely filed renewal EAD applications pending or filed on or after May 4, 2022.
ALERT: On April 1, 2024, new filing fees went into effect. Since then, USCIS has seen a significant increase in Forms I-765 being filed without the correct fee. Please confirm that you have included the correct fee before submitting your Form I-765. Visit our G-1055, Fee Schedule webpage for a full list of Form I-765 filing fees. We also encourage you to visit our Frequently Asked Questions on the USCIS Fee Rule page. Each application, petition, or request must be accompanied by the correct fee(s) unless you are exempt from paying the fee(s) or are eligible for a fee waiver. Your application, petition, or request will be rejected if the fee is incorrect.
ALERT – NEW TEMPORARY FINAL RULE INCREASES AUTOMATIC EXTENSION PERIOD FOR CERTAIN EAD RENEWAL APPLICANTS: On April 4, 2024, USCIS announced a temporary final rule (TFR) that increased the automatic extension period for employment authorization and EADs of certain EAD renewal applicants from up to 180 days to up to 540 days.
The new temporary final rule is effective on April 8, 2024. This temporary final rule will apply to EAD renewal applicants eligible to receive an automatic extension who timely and properly filed their Form I-765 applications on or after Oct. 27, 2023, if the application is still pending on April 8, 2024. The temporary final rule will also apply to EAD renewal applicants eligible to receive an automatic extension who timely and properly file their Form I-765 application on or after April 8, 2024, and on or before Sept. 30, 2025 (540 days after publication of this temporary final rule in the Federal Register.
2022 TFR PREVIOUSLY INCREASED AUTOMATIC EXTENSION PERIOD
ALERT: Please remember that photos submitted to USCIS must be unmounted and unretouched. Unretouched means the photos must not be edited or digitally enhanced. The submission of any mounted or retouched images will delay the processing of your application and may prompt USCIS to require that you appear at an Applicant Support Center to verify your identity.
ALERT: We have updated the filing address to request a replacement Employment Authorization Document (EAD) that contains a mistake due to USCIS error. Please follow the instructions listed on the Direct Filing Addresses for Form I-765 webpage for card replacements due to USCIS error.
ALERT– PAROLEES AND ASYLUM SEEKERS: You are likely eligible to apply for an employment authorization document (EAD) to legally work in the United States if:
- You were recently paroled into the United States and that parole remains valid; or
- You have applied for asylum and that application has been pending for at least 150 days.
If you have not already started the EAD application process, you can begin here by creating a USCIS account online and filing Form-I-765. USCIS will mail your work permit to the address you provided in your application if your application is approved. If necessary, you can file a paper application for Form I-765 instead.
Certain noncitizens who are in the United States may file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply for an EAD that shows such authorization.
After we approve a Form I-765, your EAD card should be produced within 2 weeks. We will mail your EAD card via U.S. Postal Service (USPS) Priority Mail.
Please ensure you have the correct mailing address on file with USCIS. If your mailing address changes after you file your application, you must update your address with USCIS and USPS as soon as possible. If you don’t update your address promptly, your case could be delayed, your document(s) could get lost, and you may need to reapply and pay the fee again.
The time frame in which you will receive your EAD card may vary, depending on USPS delivery times. Please allow a total of 30 days from approval before inquiring with USCIS. We encourage you to use Case Status Online to find your USPS tracking number for EAD card delivery. If you have not received your EAD card within this time frame, please visit e-Request - Self Service Tools (uscis.gov) for instructions on how to submit an inquiry.
Form Details
Dates are listed in mm/dd/yy format.
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The filing address depends on your reason for applying and the eligibility category you entered in Question 27. Please check the filing locations for Form I-765 for a list of addresses.
If you are a replacing a card that has incorrect information, please see the Special Instructions provided below.
If you wish to renew an existing employment authorization card (EAD), you should file Form I-765 within 6 months of the expiration date on your current EAD. We recommend you do not file a request to renew your EAD more than 180 days before the expiration of your EAD. We generally do not backdate or postdate the renewal EAD in relation to your current EAD’s validity period.
Please refer to the Form I-765 instructions for information on other specific categories.
To renew your Employment Authorization Document, file Form I-765 at least 90 days before the expiration.
| Filing Category | When to File |
|---|---|
| (a)(20) | You may file Form I-765 at the same time as Form 918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, or you may file Form I-765 later. |
| (c)(3)(A) | File Form I-765 up to 90 days before being enrolled for one full academic year, provided that the period of employment will not start before you have completed one full academic year. |
| (c)(3)(B) | File Form I-765 up to 90 days before, but no later than 60 days after, your program end date. You must file your Form I-765 within 30 days of the date that your DSO enters the recommendation for OPT into your SEVIS record. |
| (c)(3)(C) | File Form I-765 up to 90 days before the expiration of your current OPT, if you are requesting a 24-month STEM extension. |
| (c)(6) | File Form I-765 with a copy of the Form I-20 endorsed by the DSO certifying eligibility for employment together with Form I-539, Application to Change/Extend Nonimmigrant Status, if applicable, completed according to the Form I-539 Instructions. We must receive the completed forms before, but not more than 90 days before, your program end date. |
| (c)(8) | You must wait 150 days before you can apply for an EAD, and an additional 30 days before we can issue you an EAD, for a total of 180 days starting from when you filed or lodged your I-589 asylum application. The number of days a completed asylum application is considered pending does not include any delays requested or caused by you while your application is pending with the USCIS asylum office or with an EOIR Immigration Judge. (See 8 CFR 208.7) This period during which your asylum application is pending before we may grant you an EAD is called the “180-day asylum EAD clock.” We may reject your Form I-765 if you file it before the 150-day waiting period has elapsed. Further details can be found in the Form I-765 Instructions. If you have received a Recommended Approval notice from the USCIS asylum office recommending a grant of asylum, you do not need to wait 150 days and may apply for an EAD immediately upon receipt of this notice. Provide a copy of your notice as evidence of your recommended approval with your Form I-765. |
| (c)(9) | File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your I-485 receipt notice or other evidence to show that your Form I-485 is pending. |
| (c)(10) | If you are eligible to apply for NACARA 203 relief with USCIS, you may file Form I-765 together with your Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Under Section 203 of Public Law 105-100 (NACARA)). |
| (c)(11) | File Form I-765 with sufficient evidence to show that your parole status is current and has not expired or is about to expire. |
| (c)(26) | You may file Form I-765 at the same time as your Form I-539 and your H1-B spouse’s Form I-129, Petition for a Nonimmigrant Worker. |
| (c)(36) | You may file your Form I-765 with your spouse’s or parent’s application under (c)(35). |
| (c)(37) | Applicants may file to renew their EAD up to 180 days before they expire but, they must file before their current EAD expires. EAD renewals may be granted as long as the CNMI resident continues to meet all eligibility requirements for the underlying CNMI long-term resident status. Applicants do not need to file another Form I-955, the application for CNMI Long-Term resident status, when renewing their EAD. |
You can find the filing fee for Form I-765 by visiting our Fee Schedule page.
You can pay the fee with a money order, personal check, cashier’s check, or pay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. If you pay by credit card or debit card, you cannot later dispute the payment. Use our Fee Calculator to help determine your fee.
If you are submitting multiple forms, pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.
There is no filing fee for the initial, renewal, or replacement Form I-765 filed by current or former service members who were paroled into the United States under the Immigrant Military Members and Veterans Initiative (IMMVI).
Please write "IMMVI" at the top of Form I-765 to obtain the fee exemption and submit documentation that supports current or former military service such as the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official service or discharge document.
View the checklist of required initial evidence.
Filing Tips: Review our Tips for Filing Forms by Mail page for information on how to ensure we will accept your form.
Don’t forget to sign your form. We will reject any unsigned form.
E-Notification: If you want to receive an email and/or a text message that we have accepted your form at a USCIS lockbox, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your form.
Afghan Parolee
If you are an Afghan national paroled into the United States and you are applying for employment authorization, you will need a Social Security number (SSN) to work in the United States. Your SSN allows employers to report your earnings to the U.S. government.
We encourage you to apply for an SSN (or replacement SSN card) using Form I-765, Application for Employment Authorization, and following the form instructions. If you do not request an SSN in Part 2 (Items 14-17.b) of your Form I-765, you must make an appointment to visit a Social Security Administration office in person to apply for your SSN after you receive your Employment Authorization Document (Form I-766). For more information, see Apply for Your Social Security Number While Applying for Your Work Permit.
Replacing a Card That Has Incorrect Information
- If the card we issued to you contains incorrect information that is not due to our error, you must use the filing locations for Form I-765 associated with your eligibility category to submit your form and filing fee.
- If the card we issued to you contains incorrect information that is due to our error, you do not need to file a new Form I-765 and filing fee. Please check the filing locations for Form I-765 under the heading “Replacement for Card Error” for instructions.
Liberian Refugee Immigration Fairness (LRIF) Applicants: If you are filing Form I-765 as an adjustment of status applicant based on LRIF, you should write “(c)(9)” as your eligibility category in Part 2, Item Number 27 on your Form I-765. See our LRIF page for more information on adjustment of status based on LRIF.
Deferred Action for Childhood Arrivals requestors: To be considered for DACA, you must submit:
- Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
- Form I-765, Application for Employment Authorization;
- Form I-765 Worksheet; and
- The correct fees.
Note: If you are a current DACA recipient and only need to replace a valid Employment Authorization Document (EAD) because yours was lost, stolen, or damaged, file Form I-765, Application for Employment Authorization, and select box 1.b. Submit the properly completed Form I-765, evidence that you are a current DACA recipient (such as your most recent DACA approval notice), and the filing fee to the filing address for the location where you live. Do not file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with this Form I-765; if you submit Form I-821D when you are filing to replace a lost, stolen, or damaged EAD, we will deny your Form I-821D and we will not refund the $85 filing fee for Form I-821D.
T Applicants: If you are a principal T nonimmigrant applicant, you are authorized to work based on your status. After we approve the underlying application for T nonimmigrant status, we will issue you an Employment Authorization Document (EAD). This means you will not need to file Form I-765.
If you are a derivative family member residing inside the United States, you are also authorized to work based on your status. After we approve the underlying application for derivative T nonimmigrant status, we will not issue you an EAD. You will need to file Form I-765.
If you live in the United States, you may receive deferred action and employment authorization if you have a pending bona fide application and meet certain discretionary standards. Generally, you will only be eligible for these benefits associated with a bona fide determination if you file a bona fide application for T nonimmigrant status on or after Aug. 28, 2024. We strongly encourage you to file Form I-765 under category (c)(40) at the same time you file your application for T nonimmigrant status, to timely receive deferred action and employment authorization. If you do not file Form I-765 concurrently, we will issue a notice instructing you how to file a Form I-765 for employment authorization associated with a bona fide determination.
U Petitioners: If you are a principal U nonimmigrant petitioner, you are authorized to work based on your status. After we approve the underlying petition for U nonimmigrant status, we will issue you an Employment Authorization Document (EAD). This means you will not need to file Form I-765.
If you are a derivative family member residing inside the United States, you are also authorized to work based on your status. After we approve the underlying petition for derivative U nonimmigrant status, we will not issue you an EAD. This means you will need to file Form I-765.
We can only issue EADs for principals and derivatives after we approve the underlying U nonimmigrant status petition, regardless of when you file Form I-765.
If you live in the U.S., you may receive employment authorization and deferred action if you have a pending bona fide petition and meet certain discretionary standards. We will issue a notice if you need to file a Form I-765 for employment authorization associated with a bona fide determination.
If the statutory cap is reached in a fiscal year and we use the waiting list process described at 8 CFR 214.14(d)(2), petitioners for U nonimmigrant status and derivatives in the United States can apply for employment authorization using Form I-765 based on deferred action. We can only approve an application for employment authorization based on deferred action after DHS has issued deferred action in your case, regardless of when you file Form I-765.
Asylum Applicants: Please refer to our Asylum page for more information, including information about the effect of applicant-caused delays on your Form I-765 adjudication.
| If you | Then |
|---|---|
| Have an unexpired Employment Authorization Document (EAD) that was approved based on a pending Form I-589 before EOIR dismissed or terminated your removal proceedings. | Your current EAD will remain valid until its expiration date. Before your EAD expires, you may renew it by submitting:
We recommend that you also submit:
If USCIS has granted you employment authorization under the (c)(8) filing category, the appropriate fee must accompany any renewal applications filed under category (c)(8). |
| Have a pending Form I-765 to renew your (c)(8)-based EAD, and you had a pending Form I-589 with EOIR before EOIR dismissed or terminated your removal proceedings. | USCIS may renew your EAD, if you submit:
We recommend that you also submit:
|
Have never been granted employment authorization under the (c)(8) filing category and:
EOIR dismissed or terminated your removal proceedings. | You may file Form I-765 according to the instructions for requesting an EAD based on a pending asylum application. You should submit:
We recommend that you also submit:
|
| Are not yet eligible for an initial (c)(8)-based EAD on the basis of the Form I-589 that was pending with EOIR before EOIR dismissed or terminated your removal proceedings. | You will generally continue to accumulate time to meet the 180-day Asylum EAD Clock requirements after you file your Form I-589 with USCIS. When you file Form I-765, submit:
We recommend that you also submit:
Submit your new paper Form I-589 with your current address using the chart in the “Where to File” section of the Form I-589 page. |
| Already have a (c)(8)-based EAD you need to renew because it will expire soon, and EOIR dismissed or terminated your removal proceedings. | Before your EAD expires, you will need to renew it by submitting:
We recommend that you also submit:
The appropriate fee must accompany any renewal applications filed under category (c)(8). |
| Filed Form I-765 based on (c)(8) eligibility, but we denied your Form I-765 because EOIR dismissed or terminated your removal proceedings. | You may reapply for an EAD or apply to renew your EAD by submitting Form I-765 to USCIS. You should include:
We recommend that you also submit:
If USCIS has granted you employment authorization under the (c)(8) category, the appropriate filing fee must accompany your renewal application. If you are reapplying for employment authorization under the (c)(8) category, and this is not your initial employment authorization, the appropriate filing fee must accompany your application. |
For general employment authorization requirements based on a pending asylum application, see the “Permission to Work in the United States” section on the Asylum page.
- Card Delivery Tracking
- Immigration Documents and How to Replace Them
- Apply for your Social Security Number While Applying for Your Work Permit
- Filing Form I-765 with Other Forms
- Employment Authorization in Compelling Circumstances
- Automatic Employment Authorization Document (EAD) Extension
- Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse
- Important Information about Working Legally in the United States
- Automatic Employment Authorization Document (EAD) Extension 2024
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