Who May File Form I-765: A Comprehensive Guide
Understanding who may file Form I-765 is crucial for individuals seeking employment authorization in the United States. This guide will delve into the various categories of individuals eligible to file this form, the process involved, and the necessary documentation.
Eligibility Categories
Form I-765, Application for Employment Authorization, is available to several groups of individuals. Here’s a breakdown of who may file this form:
| Category | Description |
|---|---|
| Nonimmigrants | Nonimmigrants who are authorized to work in the United States, such as students, tourists, or temporary workers, can file Form I-765. |
| Asylees and Refugees | Individuals granted asylum or refugee status can apply for employment authorization using Form I-765. |
| Adjustment of Status Applicants | Those applying for adjustment of status to permanent residence can file Form I-765 to obtain employment authorization. |
| Victims of Human Trafficking | Survivors of human trafficking can apply for employment authorization through Form I-765. |
| Legal Permanent Residents | Legal permanent residents can file Form I-765 if they have lost their employment authorization due to certain circumstances. |
It’s important to note that not all nonimmigrants are eligible to file Form I-765. For example, individuals in certain nonimmigrant visa categories, such as those in the B-1/B-2 visitor visa category, are generally not eligible for employment authorization.
Application Process
Once you have determined that you are eligible to file Form I-765, the next step is to understand the application process. Here’s a step-by-step guide:
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Complete Form I-765: Ensure you fill out the form accurately and provide all required information. You can find the form and instructions on the U.S. Citizenship and Immigration Services (USCIS) website.
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Prepare Supporting Documents: Gather all necessary supporting documents, such as a copy of your passport, visa, and any other relevant documents that prove your eligibility to apply for employment authorization.
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Pay the Fee: As of the knowledge cutoff date, the filing fee for Form I-765 is $410. You can pay the fee online or by mail.
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Submit the Application: Mail your completed Form I-765, supporting documents, and fee payment to the appropriate USCIS lockbox facility.
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Track Your Application: Use the USCIS online tool, My Case Status, to track the progress of your application.
It’s important to note that the processing time for Form I-765 can vary. USCIS provides an estimated processing time on its website, but this is just an estimate and can change.
Necessary Documentation
When filing Form I-765, you must provide certain documentation to support your eligibility. Here’s a list of common documents required:
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Passport or travel document
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Visa or other evidence of nonimmigrant status
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Form I-94, Arrival/Departure Record
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Form I-20, Certificate of Eligibility for Nonimmigrant (F, M, or J) Student Status, for students
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Form I-797, Notice of Action, for individuals who have previously applied for employment authorization
It’s important to review the specific instructions for Form I-765 to determine which documents are required for your particular situation.
Conclusion
Understanding who may file Form I-765 is essential for individuals seeking employment authorization in the United States. By familiarizing yourself with the eligibility categories, application process, and necessary documentation, you can navigate the process more effectively. Always refer
