table of changes – instructions form i-765 ...form i-485, application to register permanent...

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TABLE OF CHANGES – INSTRUCTIONSForm I-765, Application for Employment Authorization

OMB Number: 1615-004007/27/2020

Reason for Revision: Fee RuleProject Phase: Post G-1056

Legend for Proposed Text:• Black font = Current text• Red font = Changes

Expires 06/30/2022Edition Date 06/30/2020

Current Page Numberand Section

Current Text Proposed Text

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Who May File Form I-765?

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7. Spouse of an H-1B Nonimmigrant--(c)(26). File Form I-765 along withdocumentation of your current H-4admission or extension of stay. You mustalso submit documentation establishingeither your spouse is the beneficiary of anapproved Form I-140, Immigrant Petitionfor Alien Worker, or your spouse receivedH-1B status based on the AmericanCompetitiveness in the Twenty-FirstCentury Act (AC21) sections 106(a) and(b). For your convenience, you may fileForm I-765 with Form I-539. However, wewill not process your Form I-765 (exceptfiling fees), until after we have adjudicatedyour Form I-539. You may also file FormI-765 at the same time as your Form I-539and your H1-B spouse’s Form I-129,Petition for a Nonimmigrant Worker.Please see the USCIS website atwww.uscis.gov/I-765 for the most currentinformation on where to file this benefitrequest.

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7. Spouse of an H-1B Nonimmigrant--(c)(26). File Form I-765 along withdocumentation of your current H-4admission or extension of stay. You mustalso submit documentation establishingeither your spouse is the beneficiary of anapproved Form I-140, Immigrant Petitionfor Alien Worker, or your spouse receivedH-1B status based on the AmericanCompetitiveness in the Twenty-FirstCentury Act (AC21) sections 106(a) and(b). For your convenience, you may fileForm I-765 with Form I-539. However, wewill not process your Form I-765 (exceptfiling fees), until after we have adjudicatedyour Form I-539. You may also file FormI-765 at the same time as your Form I-539and your H1-B spouse’s Form I-129H1,Petition for a Nonimmigrant Worker.Please see the USCIS website atwww.uscis.gov/I-765 for the most currentinformation on where to file this benefitrequest.

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AILA Doc. No. 20073100. (Posted 8/11/20)

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(2) H-1B Principal Received AC21 106(a)and (b) Extension. Submit evidence thatyour spouse has been admitted or grantedan extension of stay under AC21 sections106(a) and (b). You may show this bysubmitting copies of your spouse’spassports, prior Form I-94s, and current andprior Form I-797 Notices for Form I-129.In addition, submit evidence to establishone of the following bases for the H-1Bextension of stay.

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(c) Secondary Evidence. If you do nothave the evidence listed in Items (a) or (b)above, you may ask us to considersecondary evidence in support of yourapplication for employment authorizationas an H-4 spouse. For example, inestablishing the Basis for EmploymentAuthorization as described in Items (1) and(2), you may submit the receipt number ofyour spouse’s most current Form I-129extension of stay or Form I-140 approvedon your spouse’s behalf.

Failure to provide the evidence listed aboveor secondary evidence may result in thedelay or denial of your Form I-765. Foradditional information on secondaryevidence, see Evidence in the GeneralInstructions section of these Instructions.

8. Principal Beneficiary of an ApprovedEmployment-Based Immigrant PetitionFacing Compelling Circumstances--(c)(35). File Form I-765 with documentsshowing that you are eligible for an initialgrant or a renewal of employmentauthorization under the (c)(35) eligibilitycategory.

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C. Supporting Evidence by Principal

(1) Proof You Are in the United States inE-3, H-1B, H-1B1, O-1, or L-1Nonimmigrant Status. For initialapplications, submit a copy of your Arrival-Departure Record (Form I-94) showing

(2) H-1B Principal Received AC21 106(a)and (b) Extension. Submit evidence thatyour spouse has been admitted or grantedan extension of stay under AC21 sections106(a) and (b). You may show this bysubmitting copies of your spouse’spassports, prior Form I-94s, and current andprior Form I-797 Notices for Form I-129H1. In addition, submit evidence toestablish one of the following bases for theH-1B extension of stay.

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(c) Secondary Evidence. If you do nothave the evidence listed in Items (a) or (b)above, you may ask us to considersecondary evidence in support of yourapplication for employment authorizationas an H-4 spouse. For example, inestablishing the Basis for EmploymentAuthorization as described in Items (1) and(2), you may submit the receipt number ofyour spouse’s most current extension ofstay or Form I-140 approved on yourspouse’s behalf.

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8. Principal Beneficiary of an ApprovedEmployment-Based Immigrant PetitionFacing Compelling Circumstances--(c)(35). File Form I-765 with documentsshowing that you are eligible for an initialgrant or a renewal of employmentauthorization under the (c)(35) eligibilitycategory. All applicants under thesecategories must submit biometrics.

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C. Supporting Evidence by Principal

(1) Proof You Are in the United States inE-3, H-1B, H-1B1, O-1, or L-1Nonimmigrant Status. For initialapplications, submit a copy of your Arrival-Departure Record (Form I-94) showing


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your admission as an E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant, or a copy of yourcurrent Form I-797 Notice for Form I-129.

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9. Spouse or Unmarried Child of aPrincipal Beneficiary of an ApprovedEmployment-Based Immigrant Petition--(c)(36). File Form I-765 along withsupporting documentation for an initialgrant or a renewal of employmentauthorization under the (c)(36) eligibilitycategory. You may file your applicationWITH your spouse’s or parent’sapplication under (c)(35). You may fileyour application while your spouse’s orparent’s application under (c)(35) isPENDING or AFTER your spouse’s orparent’s application has been approved byUSCIS. If filing with your spouse’s orparent’s application, USCIS will notadjudicate your Form I-765 until afterUSCIS has adjudicated your spouse’s orparent’s Form I-765.

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(1) Proof of Your Nonimmigrant Status.For initial applications only, submit a copyof your Arrival-Departure Record (Form I-94) showing your admission as anonimmigrant, a copy of your current FormI-797 Notice for Form I-129, or a copy ofyour current Form I-797 Notice for Form I-539.

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Adjustment of Status Categories

1. Adjustment Applicant under Section245--(c)(9). File Form I-765 together withForm I-485, Application to RegisterPermanent Residence or Adjust Status, or iffiling separately, submit a copy of yourForm I-485 receipt notice or other evidencethat your Form I-485 is pending. If youhave filed your Form I-485 with EOIR, youmust submit proof that you are currently in

your admission as an E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant, or a copy of yourcurrent Form I-797 Notice for variant FormI-129.

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9. Spouse or Unmarried Child of aPrincipal Beneficiary of an ApprovedEmployment-Based Immigrant Petition--(c)(36). File Form I-765 along withsupporting documentation for an initialgrant or a renewal of employmentauthorization under the (c)(36) eligibilitycategory. You may file your applicationWITH your spouse’s or parent’sapplication under (c)(35). You may fileyour application while your spouse’s orparent’s application under (c)(35) isPENDING or AFTER your spouse’s orparent’s application has been approved byUSCIS. If filing with your spouse’s orparent’s application, USCIS will notadjudicate your Form I-765 until afterUSCIS has adjudicated your spouse’s orparent’s Form I-765 first. All applicantsunder these categories must submitbiometrics.…

(1) Proof of Your Nonimmigrant Status.For initial applications only, submit a copyof your Arrival-Departure Record (Form I-94) showing your admission as anonimmigrant, a copy of your current FormI-797 Notice for variant Form I-129, or acopy of your current Form I-797 Notice forForm I-539.

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Adjustment of Status Categories

1. Adjustment Applicant under Section245--(c)(9). File Form I-765 together withForm I-485, Application to RegisterPermanent Residence or Adjust Status, or iffiling separately, submit a copy of yourForm I-485 receipt notice or other evidencethat your Form I-485 is pending. If youhave filed your Form I-485 with EOIR, youmust submit proof that you are currently in


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immigration proceedings, that you haveproperly filed Form I-485 with theimmigration court, and that the Form I-485remains pending, before filing Form I-765with USCIS.

NOTE: If you are an asylee or refugee andhave applied to adjust to lawful permanentresident status on Form I-485, file Form I-765 under category (a)(5) as an asylee or(a)(3) as a refugee. Do not file undereligibility category (c)(9). You will need topay the filing fee or obtain a fee waiver forForm I-765 if your Form I-485 is stillpending with USCIS and this is not yourfirst EAD as a refugee or asylee and youdid not pay the Form I-485 filing fee forany reason.

2. Renewal EAD for National InterestWaiver Physicians--(c)(9): If you arerequesting a renewal EAD based on yourpending adjustment of status applicationand an approved National Interest WaiverPhysician petition, you must also includeevidence of your meaningful progresstoward completing the National InterestWaiver obligation (for example,documentation of employment, such ascopies of W-2 forms, in any period duringthe previous year,). If you did not work asa National Interest Waiver Physician duringany period of the previous year, you mustexplain why and provide a statement offuture intent to work as a physician in aqualifying location.

3. Registry Applicant Based onContinuous Residence Since January 1,1972--(c)(16). File Form I-765 togetherwith your Form I-485 or, if filingseparately, submit a copy of your Form I-485 receipt notice or other evidence thatyour Form I-485 is pending.

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immigration proceedings, that you haveproperly filed Form I-485 with theimmigration court, and that the Form I-485remains pending, before filing Form I-765with USCIS.

NOTE: If you are an asylee or refugee andhave applied to adjust to lawful permanentresident status on Form I-485, file Form I-765 under category (a)(5) as an asylee or(a)(3) as a refugee. Do not file undereligibility category (c)(9). If your Form I-485 is still pending with USCIS and this isnot your first EAD as a refugee or asyleeand you paid the I-485 fee after July 30,2007 and before [INSERT EFFECTIVEDATE OF 2018/2019 FEE RULE], you donot need to pay the Form I-765 filing fee.After [INSERT EFFECTIVE DATE OF2018/2019 FEE RULE], refugees andasylees must pay the Form I-765 fee torenew their EAD.

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3. Registry Applicant Based onContinuous Residence Since January 1,1972--(c)(16). File Form I-765 togetherwith your Form I-485 or, if filingseparately, submit a copy of your Form I-485 receipt notice or other evidence thatyour Form I-485 is pending. If your FormI-485 is still pending with USCIS and youpaid the I-485 fee after July 30, 2007 andbefore [INSERT EFFECTIVE DATE OF2018/2019 FEE RULE], you do not need topay the Form I-765 filing fee.

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Page 15-16,

General Instructions

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Translations. If you submit a documentwith information in a foreign language, youmust also submit a full English translation.The translator must sign a certification thatthe English language translation iscomplete and accurate, and that he or she iscompetent to translate from the foreignlanguage into English. The certificationmust also include the translator’s signature,printed name, the signature date, and thetranslator’s contact information.

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How To Fill Out Form I-765

1. Type or print legibly in black ink.

2. If you need extra space to complete anyitem within this application, use the spaceprovided in Part 8. AdditionalInformation or attach a separate sheet ofpaper. Type or print your name and AlienRegistration Number (A-Number) (if any)at the top of each sheet; indicate the PageNumber, Part Number, and ItemNumber to which your answer refers; andsign and date each sheet.

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Delivery Information. If your applicationis approved, your ensuing document(Permanent Resident Card, EmploymentAuthorization Document, or TravelDocument) may be delivered using theUnited States Postal Service’s (USPS)Signature Confirmation Restricted Delivery(SCRD) service. If SCRD is used fordelivery, you will be required to sign fordelivery of your document. You mustprovide identification as requested byUSPS. If you are not able to sign for yourdocument, you may designate an agent tosign on your behalf. To do this you mustcomplete the US Postal Service Form 3801and submit it to your local Post Office.Alternatively, if you would like yourattorney or accredited representative toreceive the document, please ensure that aForm G-28, Notice of Entry of Appearanceas Attorney or Accredited Representative,has been filed with USCIS.

How To Fill Out Form I-765

1. Type or print legibly in black ink.

2. If you need extra space to complete anyitem within this application, use the spaceprovided in Part 6. AdditionalInformation or attach a separate sheet ofpaper. Type or print your name and AlienRegistration Number (A-Number) at thetop of each sheet; indicate the PageNumber, Part Number, and ItemNumber to which your answer refers; andsign and date each sheet.


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3. Answer all questions fully andaccurately. If a question does not apply toyou (for example, if you have never beenmarried and the question asks, “Provide thename of your current spouse”), type or print“N/A” unless otherwise directed. If youranswer to a question which requires anumeric response is zero or none (forexample, “How many children do youhave” or “How many times have youdeparted the United States”), type or print“None” unless otherwise directed.

4. Your application must be properlycompleted, signed, and filed. You mustinclude all pages when you file Form I-765,even if the pages do not apply to you andare unanswered.

[No change]

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Specific Instructions

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Item Number 7. Alien RegistrationNumber (A-Number) (if any). An AlienRegistration Number, otherwise known asan “A-Number,” is typically issued topeople who apply for, or are granted,certain immigration benefits. In addition toUSCIS, ICE, U.S. Customs and BorderProtection (CBP), EOIR, and DOS mayalso issue an A-Number to certain foreignnationals. If you were issued an A-Number, type or print it in the spacesprovided. If you are renewing your EAD,this number may be listed as the USCISNumber on the front of the card. If youhave more than one A-Number, use thespace provided in Part 8. AdditionalInformation to provide the information. Ifyou do not have an A-Number or if youcannot remember it, leave this space blank.

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Item Number 20. Student and ExchangeVisitor Information System (SEVIS)Number (if any). If you were issued aSEVIS number, enter it in the spaceprovided.

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Item Number 7. Alien RegistrationNumber (A-Number). An AlienRegistration Number, otherwise known asan “A-Number,” is typically issued topeople who apply for, or are granted,certain immigration benefits. In addition toUSCIS, ICE, U.S. Customs and BorderProtection (CBP), EOIR, and DOS mayalso issue an A-Number to certain foreignnationals. If you were issued an A-Number, type or print it in the spacesprovided. If you are renewing your EAD,this number may be listed as the USCISNumber on the front of the card. If youhave more than one A-Number, use thespace provided in Part 8. AdditionalInformation to provide the information. Ifyou do not have an A-Number or if youcannot remember it, leave this space blank.

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Item Number 20. Student and ExchangeVisitor Information System (SEVIS)Number. If you were issued a SEVISnumber, enter it in the space provided.

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Item Number 4. (c)(26) EligibilityCategory. If you entered eligibilitycategory (c)(26) in Item Number 1.,provide the receipt number of yourspouse’s most recent Form I-797 Notice forForm I-129, Petition for a NonimmigrantWorker, in the space provided.

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NOTE: If you answered “Yes” to Item B.in Item Number 5., refer to Employment-Based Nonimmigrant Categories, Items8. - 9. in the Who May File Form I-765section of the Instructions for informationabout providing court dispositions.

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Part 8. Additional Information

Item Numbers 1. - 6. If you need extraspace to provide any additional informationwithin this application, use the spaceprovided in Part 8. AdditionalInformation. If you need more space thanwhat is provided in Part 8., you may makecopies of Part 8. to complete and file withyour application, or attach a separate sheetof paper. Type or print your name and A-Number (if any) at the top of each sheet;indicate the Page Number, Part Number,and Item Number to which your answerrefers; and sign and date each sheet.

We recommend that you print or save acopy of your completed application toreview in the future and for yourrecords.

Item Number 4. (c)(26) EligibilityCategory. If you entered eligibilitycategory (c)(26) in Item Number 1.,provide the receipt number of yourspouse’s most recent Form I-797 Notice forvariant Form I-129, Petition for aNonimmigrant Worker, in the spaceprovided.

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NOTE: If you answered “Yes” to Item B.in Item Number 5., refer to Employment-Based Nonimmigrant Categories, Items8. - 9. in the Who May File Form I-765section of the Instructions for informationabout providing court dispositions.

Item Number 6. If you entered theeligibility category (c)(9) in Item Number27., select the appropriate box for theimmigrant category you are applying under.

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Part 8. Additional Information

Item Numbers 1. - 6. If you need extraspace to provide any additional informationwithin this application, use the spaceprovided in Part 8. AdditionalInformation. If you need more space thanwhat is provided in Part 8., you may makecopies of Part 8. to complete and file withyour application, or attach a separate sheetof paper. Type or print your name and A-Number at the top of each sheet; indicatethe Page Number, Part Number, andItem Number to which your answer refers;and sign and date each sheet.

We recommend that you print or save acopy of your completed application toreview in the future and for yourrecords.

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RequiredDocumentation

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Required Documentation

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C. Photographs

You must submit two identical colorpassport-style photographs of yourself

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Required Documentation

…C. Photographs

You must submit two identical colorpassport-style photographs of yourself


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taken recently. The photos must have awhite to off-white background, be printedon thin paper with a glossy finish, and beunmounted and unretouched.

The two identical passport-style photosmust be 2 by 2 inches. The photos must bein color with a full face, frontal view, on awhite to off-white background. Headheight should measure 1 to 1 3/8 inchesfrom the top of your hair to the bottom ofyour chin, and eye height should measurebetween 1 1/8 to 1 3/8 inches from the topof your eyes to the bottom of the photo.Your head must be bare unless you arewearing headwear as required by areligious denomination of which you are amember. Using a pencil or felt pen, lightlyprint your name and A-Number (if any) onthe back of the photo.

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taken recently. The photos must have awhite to off-white background, be printedon thin paper with a glossy finish, and beunmounted and unretouched.

The two identical passport-style photosmust be 2 by 2 inches. The photos must bein color with a full face, frontal view, on awhite to off-white background. Headheight should measure 1 to 1 3/8 inchesfrom the top of your hair to the bottom ofyour chin, and eye height is between 1 1/8to 1 3/8 inches from the top of your eyes tothe bottom of photo. Your head must bebare unless you are wearing headwear asrequired by a religious denomination ofwhich you are a member. Using a pencil orfelt pen, lightly print your name and A-Number on the back of the photo.

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Page 23-25,

What Is the Filing Fee?

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The filing fee for Form I-765 is $410.

NOTE: The filing fee is not refundable,regardless of any action USCIS takes onthis application. DO NOT MAIL CASH.You must submit all fees in the exactamounts.

Special Instructions for TPS Applicants.If you are requesting an EAD as an initialTPS applicant, you must pay the Form I-765 filing fee, unless you are under 14years of age or over 65 years of age. If youare a TPS beneficiary requesting an EADwhen filing for TPS re-registration, youmust pay the Form I-765 filing fee,regardless of your age.

Special Instructions for Deferred Actionfor Childhood Arrivals--(c)(33). Allrequestors under this category must pay thebiometric services fee of $85. Thebiometric services fee and the filing fee forthis application cannot be waived.

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The filing fee for Form I-765 is $550;however, this may vary depending on youreligibility category. See the FeeVariations for Specific EligibilityCategories and Filing Fee Exemptionssections for more information.

The filing fee is not refundable, regardlessof any action USCIS takes on thisapplication. DO NOT MAIL CASH. Youmust submit all fees in the exact amounts.

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Special Instructions for Beneficiaries ofan Approved Employment-BasedImmigrant Petition--(c)(35) and Spousesor Children of a Principal Beneficiary ofan Approved Immigrant Petition--(c)(36). All applicants under thesecategories must submit biometrics. Anadditional biometric services fee of $85 isrequired for applicants 14 to 79 years ofage, unless waived.

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Exceptions

Initial EAD. If this is your initialapplication and you are applying under oneof the following categories, a filing fee isnot required for:

1. (a)(3) Refugee;

2. (a)(4) Paroled as Refugee;

3. (a)(5) Asylee;

4. (a)(7) N-8 or N-9 nonimmigrant;

Biometric Services Fee

The following eligibility categories mustpay the following biometric services fee:

[Table 2 columns x 4 rows]

Eligibility Category(c)(8) An asylum applicant with a pendingForm I-589(c)(33) Deferred Action for ChildhoodArrivals(c)(37) An applicant for status as a long-term resident of the Commonwealth of theNorthern Mariana IslandsBiometric Services Fee$30$85$30

Fee Variations for Specific EligibilityCategories

(c)(33) Deferred Action for ChildhoodArrivals. The filing fee for Form I-765 forall requestors under this category is $410.The filing fee for this application cannot bewaived.

Filing Fee Exemptions

If you are applying under one of thefollowing categories under 8 CFR 274a.12and other provisions, you do not need topay a filing fee.

[Table 2 columns x 18 rows]

Eligibility Category | Reason for FilingForm I-765

(a)(3) Refugee - Initial EAD


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5. (a)(8) Citizen of Micronesia, MarshallIslands, or Palau;

6. (a)(10) Granted Withholding ofDeportation;

7. (a)(16) Victim of Severe Form ofTrafficking (T-1 Nonimmigrant);

8. (a)(12) or (c)(19) Temporary ProtectedStatus if you are filing an initial TPSapplication and you are under 14 years ofage or over 65 years of age. All TPSbeneficiaries who apply for TPS re-registration who want an EAD must pay thefiling fee, unless granted a fee waiver;

9. (a)(19) Victim of Qualifying CriminalActivity (U-1 Nonimmigrant);

10. (c)(1), (c)(2), (c)(4), or (c)(7)Dependent of certain foreign government,international organization, or NATOpersonnel;

11. (c)(8) Applicant for Asylum andWithholding of Deportation and Removal(an applicant filing under the special ABCprocedures must pay the filing fee);

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12. (c)(9) or (c)(16) Any currentAdjustment of Status or Registry applicantwho filed Form I-485 on or after July 30,2007, and paid the appropriate Form I-485filing fee. If you file Form I-765 separatelyfrom your Form I-485, you must alsosubmit a copy of your Form I-797C Noticefor Form I-485, as evidence of filing FormI-485 on or after July 30, 2007, andpayment of the appropriate filing fee. Ifyou did not pay the appropriate Form I-485filing fee because your filing fee waswaived or you are exempt from paying it,you must pay the Form I-765 filing fee orrequest that the filing fee be waived; and

13. (c)(31) VAWA Self-Petitioner.

Renewal EAD. If this is a renewalapplication and you are applying under one

(a)(4) Paroled as refugee - Initial EAD

(a)(5) Asylee - Initial EAD

(a)(7) N-8 or N-9 nonimmigrant - InitialEAD

(a)(16) Victim of severe form of trafficking(T-1 nonimmigrant) - Initial EAD

(a)(19) Victim of qualifying criminalactivity (U-1 nonimmigrant) - Initial EAD

(c)(1), (c)(4), or (c)(7) Dependent of certainforeign government, internationalorganization, or NATO personnel - InitialEADRenewal EADReplacement EAD

(c)(2) Taiwanese dependent of TaipeiEconomic and Cultural RepresentativeOffice TECRO E-1 employees - InitialEADRenewal EADReplacement EAD

(c)(9) Applicant adjusting under the CubanAdjustment Act for battered spouses andchildren (principal) who has a pendingadjustment of status application (Form I-485) - Initial EAD

(c)(9) Applicant adjusting based ondependent status under the Haitian RefugeeImmigrant Fairness Act for batteredspouses and children (principal) who has apending adjustment of status application(Form I-485) - Initial EAD

(c)(9) Applicant adjusting under theNicaraguan Adjustment and CentralAmerican Relief Act for battered spousesand children (principal) who has a pendingadjustment of status application (Form I-485) - Initial EAD

(c)(9) Applicant for Special ImmigrantStatus based on an approved Form I-360 asan Afghan or Iraqi Translator or Interpreter,Iraqi National employed by or on behalf ofthe U.S. Government, or Afghan Nationalemployed by or on behalf of the U.S.government or employed by theInternational Security Assistance Forces


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of the following categories, a filing fee isnot required for:

1. (a)(8) Citizen of Micronesia, MarshallIslands, or Palau;

2. (a)(10) Granted Withholding ofDeportation;

3. (c)(l), (c)(2), (c)(4), or (c)(7) Dependentof certain foreign government, internationalorganization, or NATO personnel; and

4. (c)(9) or (c)(16) Any currentAdjustment of Status or Registry applicantwho filed for adjustment of status on orafter July 30, 2007, and paid theappropriate Form I-485 filing fee of $930or $985. If you file Form I-765 separatelyfrom your Form I-485, you must alsosubmit a copy of your Form I-797C Noticefor Form I-485, as evidence of filing FormI-485 on or after July 30, 2007, andpayment of the appropriate form filing feeof $930 or $985 ($600 or $635 for anaccompanying minor). If you did not paythe appropriate Form I-485 filing feebecause your filing fee was waived or youare exempt from paying it, you must paythe Form I-765 filing fee or request that thefiling fee be waived.

Replacement for Lost, Stolen, orDamaged EAD. If you are requesting areplacement EAD because your previouslyissued card was lost, stolen, or damaged buthas not expired, you must pay the filing feeunless you have filed for adjustment ofstatus on or after July 30, 2007, and paidthe Form I-485 filing fee. If you did notpay the Form I-485 filing fee because yourfiling fee was waived or you are exemptfrom paying it, you must pay the Form I-765 filing fee or request that the filing feebe waived. See Form I-912 atwww.uscis.gov/i-912.

Replacement for Card Error

1. If the card we issued to you containsincorrect information that is not attributedto our error, you must submit a new FormI-765 and filing fee, unless you have apending Form I-485 and paid the Form I-485 filing fee. If you did not pay the

who has a pending adjustment of statusapplication (Form I-485) - Initial EADRenewal EADReplacement EAD

(c)(9) or (c)(16) Any current adjustment ofstatus or registry applicant who filed foradjustment of status on or after July 30,2007 and before [INSERT EFFECTIVEDATE OF 2018/2019 FEE RULE], andpaid the appropriate Form I-485 filing fee.You must submit a copy of your Form I-797C Notice for Form I-485 as evidenceyou filed Form I-485 during that timeperiod and paid the appropriate fee. If youdid not pay the Form I-485 fee, you mustpay the Form I-765 filing fee. - InitialEADRenewal EAD

(c)(31) VAWA self-petitioner - InitialEAD

If you are requesting a replacement EADbecause your previously issued card waslost, stolen, or damaged, but has notexpired, you paid form I-485 filing fee, andhave filed for adjustment of status on orafter July 30, 2007 and before [INSERTEFFECTIVE DATE OF 2018/2019 FEERULE]. If you did not pay the Form I-485filing fee, you must pay the Form I-765filing fee. – Replacement for lost, stolen, ordamaged EAD

Attributed to our error. If the card weissued to you contains incorrectinformation that is attributed to our error,you must submit a letter explaining theerror, along with the card containing theerror to the service center or NationalBenefits Center that approved your lastForm I-765.• You do not need to file a newForm I-765 and you do not need to pay theForm I-765 filing fee.

Not attributed to our error. If the cardwe issued to you contains incorrectinformation that is not attributed to ourerror, you must file Form I-765.

• You do not need to pay the Form I-765 filing fee if you have filed foradjustment of status on or after July 30,


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appropriate Form I-485 filing fee becauseyour filing fee was waived or you areexempt from paying it, you must pay theForm I-765 filing fee or request that thefiling fee be waived. You must include thecard containing the error when you submitthe new Form I-765.

2. If the card we issued to you containsincorrect information that is attributed toUSCIS error, you do not need to file a newForm I-765 and filing fee. Instead, youmust submit a letter explaining the error,along with the card containing the error, tothe service center or National BenefitsCenter that approved your last Form I-765.

Payments by Check or Money Order

Use the following guidelines when youprepare your check or money order for theForm I-765 filing fee:

1. The check or money order must bedrawn on a bank or other financialinstitution located in the United States andmust be payable in U.S. currency; and

2. Make the check or money order payableto U.S. Department of HomelandSecurity.

NOTE: Spell out U.S. Department ofHomeland Security; do not use the initials“USDHS” or “DHS.”

NOTE: If you filed Form I-485 on or afterJuly 30, 2007, and you paid the appropriateForm I-485 filing fee, no filing fee isrequired to request employmentauthorization on Form I-765. You may fileForm I-765 with Form I-485, or you maysubmit Form I-765 at a later date. If youfile Form I-765 separately, you must alsosubmit a copy of your Form I-797C Noticeas evidence of filing Form I-485 on or afterJuly 30, 2007, and paying the filing fee.

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If you did not pay the appropriate Form I-485 filing fee because your filing fee waswaived or you are exempt from paying it,

2007 and before [INSERT EFFECTIVEDATE OF 2018/2019 FEE RULE] and youpaid the Form I-485 filing fee.

• You must pay the Form I-765 filingfee if you have filed for adjustment ofstatus on or after July 30, 2007 and before[INSERT EFFECTIVE DATE OF2018/2019 FEE RULE] and you did notpay the Form I-485 filing fee. –Replacement due to card error

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you must pay the Form I-765 filing fee orrequest that the filing fee be waived.

Notice to Those Paying by Check. If yousend USCIS a check, we will convert it intoan electronic funds transfer (EFT). Thismeans we will copy your check and use theaccount information on it to electronicallydebit your account for the amount of thecheck. The debit from your account willusually take 24 hours and your bank willshow it on your regular account statement.

You will not receive your original checkback. We will destroy your original check,but we will keep a copy of it. If USCIScannot process the EFT for technicalreasons, you authorize us to process thecopy in place of your original check. Ifyour check is returned as unpayable, wewill re-submit the payment to the financialinstitution one time. If the check isreturned as unpayable a second time, wewill reject your application and charge youa returned check fee.

Payments by Credit Card

If you are filing your application at aUSCIS Lockbox facility, you can pay yourfiling fee using a credit card. Please seeForm G-1450, Authorization for CreditCard Transactions, at www.uscis.gov/G-1450 for more information.

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How To Check If the Fees Are Correct

Form I-765’s filing fee is current as of theedition date in the lower left corner of thispage. However, because USCIS feeschange periodically, you can verify that thefee is correct by following one of the stepsbelow:

Notice to Those Paying by Check. If yousend USCIS a check, we will convert it intoan electronic funds transfer (EFT). Thismeans we will copy your check and use theaccount information on it to electronicallydebit your account for the amount of thecheck. The debit from your account willusually take 24 hours and your bank willshow it on your regular account statement.

You will not receive your original checkback. We will destroy your original check,but will keep a copy of it. If USCIS cannotprocess the EFT for technical reasons, youauthorize us to process the copy in place ofyour original check. If your check isreturned as unpayable, we may reject yourapplication.

Payments by Credit Card

If you are filing your form at a USCISLockbox facility, you can pay your filingfee and biometric services fee (ifapplicable) a credit card. Please see FormG-1450, Authorization for Credit CardTransactions, at www.uscis.gov/g-1450 formore information.

When Filing at a Field OfficeCash, a cashier’s check or money ordercannot be used to pay for the filing and/orbiometric services fee at a field office. Theonly payment options accepted at a fieldoffice are payment through pay.gov via acredit card, debit card or with a personalcheck.

How To Determine If the Fees AreCorrect

Form I-765’s filing fee is current as of theedition date in the lower left corner of thispage. However, because USCIS feeschange periodically, you can verify that thefee is correct by following one of the stepsbelow.


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1. Visit the USCIS website atwww.uscis.gov, select “FORMS,” andcheck the appropriate fee; or

2. Visit the USCIS Contact Center atwww.uscis.gov/contactcenter to getanswers to your questions and connect witha live USCIS representative. The USCISContact Center provides information inEnglish and Spanish. For TTY (deaf orhard of hearing) call: 1-800-767-1833.

Fee Waiver

You may be eligible for a fee waiver under8 CFR 103.7(c). If you believe you areeligible for a fee waiver, complete Form I-912, Request for Fee Waiver (or a writtenrequest), and submit it and any requiredevidence of your inability to pay the filingfee with this application. You can reviewthe fee waiver guidance atwww.uscis.gov/feewaiver.

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Fee Waiver

Some forms may be eligible for fee waiversas provided in 8 CFR 106.3. Forinformation on fee waivers, see Form I-912, Request for Fee Waiver atwww.uscis.gov/i-912.

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DHS Privacy Notice

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DHS Privacy Notice

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DISCLOSURE: The information youprovide is voluntary. However, failure toprovide the requested information,including your Social Security number, andany requested evidence, may delay a finaldecision or result in the denial of yourapplication.

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DHS Privacy Notice

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DISCLOSURE: The information youprovide is voluntary. However, failure toprovide the requested information,including your Social Security number (ifapplicable), and any requested evidence,may delay a final decision or result in arejection or denial of your application.…


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