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Official form guide
Form I-765: Application for Employment Authorization
U.S. Citizenship and Immigration Services Form I-765 is the Application for Employment Authorization that lets eligible foreign nationals request an Employment Authorization Document; lawful permanent residents and certain nonimmigrants with employer‑specific work authorization must not use it.
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USCIS Form I-765 - Application for Employment Authorization
U.S. Citizenship and Immigration Services Form I-765 is the Application for Employment Authorization that lets eligible foreign nationals request an Employment Authorization Document; lawful permanent residents and certain nonimmigrants with employer‑specific work authorization must not use it.
Risk Radar
Scan points- 1Omitting required arrest or conviction documentation results in denial of the EAD.
- 2Submitting the form under the wrong eligibility category, such as (c)(9) instead of (a)(3) for refugees adjusting status.
- 3Leaving Part 2 Item 31.b blank when arrested for any traffic offense, which requires a “Yes” response and documentation.
- 4Failing to attach a copy of the required I‑94, passport, or travel document for refugee parolees (category a)(4)).
- 5Not including the most recent TPS document when applying as a TPS beneficiary.
Plain English
Form I-765 lets qualifying immigrants get a work permit called an Employment Authorization Document. You submit proof of your immigration status, such as refugee or TPS documents, and any required arrest records. USCIS then decides if you may work.
Submission Date
- Filing date: Not stated in the official source.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when you are a foreign national in the United States seeking an Employment Authorization Document (EAD) or need an EAD to confirm existing work authorization.
- Do not use it if you are a lawful permanent resident, a conditional permanent resident, or a nonimmigrant whose work authorization is limited to a specific employer under 8 CFR 274a.12(b).
- Check Form I-485 instead when you are filing an adjustment of status application under INA section 245.
Form selector
Use this form or another form?
Applying for an EAD as a refugee who filed Form I-485
Filing I-765 under category (c)(9) is not allowed; the adjustment application handles eligibility.
✓ Confirm you are filing under category (a)(3) as a refugee.
Needing to re‑register for Temporary Protected Status (TPS)
TPS re‑registration requires Form I-821; Form I-765 is only for an EAD, not for TPS status.
✓ Verify TPS designation is still active for your country.
Applying for NACARA 203 relief
Form I-765 can be filed together with Form I-881 for NACARA applicants.
✓ Ensure you have the correct NACARA eligibility documentation.
Deadline or filing window
Not stated in the official source.
Checklist
What you need before filling it out
Category (a)(5) – Asylee
Copy of stamped Form I-94, asylum approval letter, EOIR asylum order, or Form I-797 for derivative asylee · Your personal immigration file or USCIS notice
Category (a)(4) – Paroled as refugee
Copy of Form I-94, passport, or travel document · Passport holder or I-94 record
TPS evidence
Front and back copy of last TPS document (EAD, Form I-94, passport, travel document, or Form I-797) · Your TPS approval notice
Traffic arrest disclosure (Item 31.b)
Certified arrest report, court disposition, sentencing documents · Police or court records
Fee waiver evidence for removal proceedings
Immigration judge’s order granting fee waiver · Court order
Before you submit
- 1Select the correct eligibility category code in Part 2.
- 2Answer "Yes" or "No" to Item 31.b regarding traffic arrests as appropriate.
- 3Attach a copy of your Form I-94, passport, or other required document for your category.
- 4Include front and back copy of any TPS document if applicable.
- 5Provide certified copies of any arrest or conviction records if disclosed.
- 6Sign the form in the designated signature area.
- 7Make a photocopy of the completed form for your records.
- 8Pay the required filing fee or attach fee waiver evidence.
- 9Mail the package to the address listed for your filing category.
- 10Check that the edition date on the instructions matches 08/21/25.
How to file this form
- 1Determine eligibility and select the correct category code.
- 2Gather supporting documents such as Form I-94, asylum approval, or TPS evidence.
- 3Complete Form I-765, answering all questions accurately.
- 4Sign and date the form.
- 5Assemble filing package with fee or fee waiver and copies of documents.
- 6Mail the package via traceable service.
- 7Retain the mailing receipt as proof of filing.
Known limitations
- 1Not for lawful permanent residents or conditional permanent residents.
- 2Not for nonimmigrants authorized to work only for a specific employer under 8 CFR 274a.12(b).
- 3Do not use category (c)(9) for INA 245 adjustment applicants; they must file Form I-485.
- 4Do not file under (a)(4) unless you were paroled as a refugee.
Field map
Compact field-by-field guide
Part 1
1 items
Select the code that describes why you are eligible (e.g., (a)(3) refugee, (c)(9) pending I-485, (c)(33) DACA).
Part 2
4 items
Name as it appears on your immigration documents.
MM/DD/YYYY from your birth certificate or passport.
Country of birth and current citizenship/nationality.
Alien Registration Number if assigned.
Part 3
1 items
Where USCIS should mail your EAD card. Must be accurate.
Part 5
1 items
Sign and date. Certifies all information is correct.
Almost done reviewing the fields?
Fillable formOpen in Editor->The instructions are dated 08/21/25, indicating the latest edition as of that date.
What changed or needs a fresh check
- Edition date — confirm the instructions are dated 08/21/25.
- Fee — Not stated in the official source — verify on the agency site.
- Mailing address — Not stated in the official source — verify on the agency site.
- Signature — Not stated in the official source — verify on the agency site.
- Category selection — confirm you choose the correct eligibility category per instructions.
Quick Facts
Downloads
After you file
- 1Keep the copy of the signed Form I-765 and all supporting documents.
- 2Store the mailing receipt and tracking number for at least 6 months.
- 3Monitor USCIS case status online using the receipt number.
- 4Expect a receipt notice (Form I-797C) within 2–3 weeks.
- 5If you receive a Request for Evidence, respond by the deadline indicated.
- 6If an error is discovered, file Form I-102 to correct the filing.
- 7Retain the EAD once issued for proof of work authorization.
Sources
- SRCInstructions p.1 — purpose of Form I-765 is to request an Employment Authorization Document for eligible foreign nationals.
- SRCInstructions p.1 — lawful permanent residents, conditional permanent residents, and nonimmigrants authorized for employment with a specific employer must not use Form I-765.
- SRCInstructions p.2 — refugees adjusting status with Form I-485 file I-765 under category (a)(3) and must not file under (c)(9).
- SRCInstructions p.2 — paroled refugees file under category (a)(4) with copy of Form I-94, passport, or travel document; not if not paroled.
- SRCInstructions p.2 — asylees file under category (a)(5) with copy of Form I-94, asylum approval letter, EOIR order, or Form I-797 for derivative asylee.
- SRCInstructions p.2 — individuals granted withholding of deportation file under (a)(10) with EOIR order.
- SRCInstructions p.3 — include copy of last TPS document; re‑register for TPS using Form I-821.
- SRCInstructions p.4 — NACARA 203 applicants may file I-765 together with Form I-881.
- SRCInstructions p.10 — select "Yes" for traffic arrest question only if arrested for a traffic offense; minor violations do not require selection.
- SRCInstructions p.11 — provide certified copies of arrest reports, court dispositions, sentencing documents.
Common confusion points
Am I allowed to use Form I-765 as a lawful permanent resident?
The instructions state LPRs must not use this form.
→ Confirm your status is not LPR or conditional LPR before proceeding.
Do I need to answer "Yes" to traffic arrest question if I only have minor traffic tickets?
Minor traffic violations are excluded; only arrests require "Yes".
→ Review your record; select "No" unless you were arrested for a traffic offense.
Which eligibility category should I select as a refugee who filed Form I-485?
Refugees adjusting status must use (a)(3), not (c)(9).
→ Verify you are filing under category (a)(3) as a refugee.
Do I need to file Form I-765 to get an EAD if I already have a TPS document?
You may apply for an EAD at any time while TPS is active, but filing is optional.
→ Determine if you need an EAD now; if not, you can skip Form I-765.
Do I need to submit Form I-821 before filing Form I-765 for TPS?
Re‑registration for TPS requires Form I-821; Form I-765 is separate.
→ Confirm TPS re‑registration is complete with Form I-821 before seeking an EAD.
Should I attach my Form I-485 with the I-765 filing?
Adjustment applicants should not file I-765 under (c)(9); they file I-485 instead.
→ Ensure you are not filing I-765 as part of the adjustment; use Form I-485 for that purpose.
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Questions about USCIS Form I-765
What is USCIS Form I-765 used for?
Form I-765 lets qualifying immigrants get a work permit called an Employment Authorization Document. You submit proof of your immigration status, such as refugee or TPS documents, and any required arrest records. USCIS then decides if you may work.
Who must file USCIS Form I-765?
Foreign nationals in the United States who need an Employment Authorization Document—such as refugees, asylees, TPS beneficiaries, and certain parolees—must file USCIS Form I-765.
What information does USCIS Form I-765 require?
The form gathers personal identification, the eligibility category, copies of status documents (e.g., I‑94, asylum approval letter), and any arrest or conviction details, including Part 2 Item 31.b. It also records attorney or accredited representative information and an online account number.
How do I complete USCIS Form I-765?
Begin by completing the personal and eligibility sections, attaching the appropriate supporting documents such as a refugee’s I‑94 or a TPS card. Answer Part 2 Item 31.b about traffic arrests, providing arrest and disposition records if applicable. Include attorney or accredited representative details if you have representation. Sign the form before mailing or submitting electronically.
What happens if USCIS Form I-765 is filed incorrectly?
Failing to disclose required arrests or convictions can cause denial of the Employment Authorization Document.
Am I allowed to use Form I-765 as a lawful permanent resident?
The instructions state LPRs must not use this form. Confirm your status is not LPR or conditional LPR before proceeding.
Do I need to answer "Yes" to traffic arrest question if I only have minor traffic tickets?
Minor traffic violations are excluded; only arrests require "Yes". Review your record; select "No" unless you were arrested for a traffic offense.
Which eligibility category should I select as a refugee who filed Form I-485?
Refugees adjusting status must use (a)(3), not (c)(9). Verify you are filing under category (a)(3) as a refugee.
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