Employment Authorization: What You Need to Know About Form I-765
If you’re a foreign national living in the United States, you need authorization to work before you can gain employment.
Work visas and certain immigration statuses have work authorization built into them and so they don’t need to apply for employment authorization, but other foreign nationals need to apply for permission to work in the United States using Form I-765.
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Who Needs to File Form I-765, Application for Employment Authorization?
If you are not a U.S. citizen, do not have a green card, or do not already have employment authorization, you need to file form I-765, Application for Employment Authorization with U.S. Citizenship and Immigration Services (USCIS) before you start working in the United States. According to USCIS instructions for Form I-765, you don’t need to Form I-765 with USCIS if you are one of the following:
- U.S. citizen
- Green card holder
- Nonimmigrant authorized to work for a specific employer through a work visa
If you already have authorization to work through your existing immigration status, USCIS will still allow you to file Form I-765 to get an actual employment authorization card that proves your authorization to work.
Form I-765 can also be used to apply for a Social Security number. An SSN allows you to report your income to the Internal Revenue Service (IRS) and serves many other purposes related to securing a job, obtaining loans, going to school, applying for public assistance, and filing taxes.
Many people obtain an employment authorization card even if they don’t need it yet. Given USCIS backlog, it’s better to have an employment authorization card in your wallet and not need it than to miss a job opportunity because you don’t have permission to work.
If it seems like a visa might be a better option for you, USCIS will expect you to go that route instead. So, consulting with an experienced immigration attorney is a good idea. Your attorney will help you decide if you should petition for humanitarian parole or a visa.
You may be eligible to apply for an EAD card by filing Form I-765 if you’re one of the following:
- Lawful temporary resident
- Green card applicant
- Asylee
- Refugee
- Paroled refugee
- J-2 child or spouse of a J-1 exchange visitor
- U-1, U-2, U-3, U-4, or U-5 nonimmigrant
- V visa nonimmigrant
- T1, T-2, T-3, T-4, T-5, or T-6 nonimmigrant
- S visa nonimmigrant
- F-1 student who is pre- or post-completion of Optional Practical Training
- F-1 student with off-campus employment that’s sponsored by a qualifying international organization
- Public Interest parolee
- Spouse of an L-1 intra-company transferee
- Spouse of an E or L nonimmigrant
- Spouse of an H-1B nonimmigrant
This list is not exhaustive and there are other immigrant categories who can file Form I-765. It’s best to speak with your immigration attorney to see if you’re eligible. If you are eligible, your attorney can help you file the necessary paperwork to apply for an EAD card and track the status of your case.
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How to Apply for Employment Authorization in the United States
If eligible, you can apply for permission to work in the United States by filing Form I-765, Application for Employment Authorization. You will need to submit supporting documents with your application. Necessary documents will vary depending on your immigration status. USCIS may require evidence including the following:
- Your passport; Form I-94, Arrival/Departure Record (a copy of the front and back); or another travel document
- Two identical passport-style photos
- A government-issued identity document (copy)
You will submit the application to USCIS, but the specific USCIS filing address for your Form I-765 depends on why you are applying and your situation. Your experienced immigration attorney will make sure your application is sent to the proper USCIS location with the proper documentation.
What Happens After Filing Form I-765?
After you file Form I-765, you will get a receipt notice that says that USCIS received your application. Then, you must wait for USCIS to set up a biometrics appointment for you.
Your biometrics appointment will take place at an Application Support Center. The agency will send you an appointment notice that indicates the ASC location and the date and time of your appointment.
There’s a USCIS Service and Office Locator you can use to find out more about the specific ASC office where your biometrics screening will take place. If USCIS deems it necessary, you will also receive a notice to attend an interview.
During your biometrics appointment, USCIS will collect your fingerprints, signature, and take a photo of you. The agency uses this information to verify the identity of applicants for immigration benefits.
The data will also be used by the Federal Bureau of Investigation. The FBI will put the information in its database and run a background check for criminal records. USCIS may also ask the FBI to perform a “name check,” in which case the bureau will search its records for appearances of an applicant’s name.
For your biometrics screening, be sure to bring the appointment notice you received from USCIS. If the agency sent you multiple notices, you should bring all of them. Also, bring a valid photo ID (like your driver’s license, passport, or a state-issued photo ID) and any other documents that the agency requested in your appointment notice.
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How Long Does It Take for Form I-765 Approval?
It can take between one month and several months for USCIS to process Form I-765. The exact wait time depends on the current backlog and the reason for your employment authorization application.
Some applicants file Form I-765 together with other forms like a Form I-485, Application to Register Permanent Residence or Adjust Status and an application for advance parole (Form I-131, Application for Travel Document). To lessen the processing time of Form I -765, USCIS evaluates employment authorizations before simultaneously filed applications for advance parole.
If Form I-765 is approved, the agency will grant an EAD and issue a notice to the applicant.
Proof of Employment Authorization
An Employment Authorization Document is the physical proof of your permission to work in the United States.
Due to the nature of changes in Department of Homeland Security operations, people may sometimes refer to the evidence of employment authorization by many different names including the following:
- Lawful temporary resident
- Green card applicant
- Asylee
- Refugee
- Paroled refugee
- J-2 child or spouse of a J-1 exchange visitor
- U-1, U-2, U-3, U-4, or U-5 nonimmigrant
- V visa nonimmigrant
- T1, T-2, T-3, T-4, T-5, or T-6 nonimmigrant
- S visa nonimmigrant
- F-1 student who is pre- or post-completion of Optional Practical Training
- F-1 student with off-campus employment that’s sponsored by a qualifying international organization
- Public Interest parolee
- Spouse of an L-1 intra-company transferee
- Spouse of an E or L nonimmigrant
- Spouse of an H-1B nonimmigrant
FAQs About Employment Authorization
Can you renew an employment authorization card?
If your current employment authorization card is expiring or has expired, you can file for a renewal. You’ll need to submit a new Form I-765 with USCIS, along with the appropriate filing fee.
What happens if your employment authorization card is lost or stolen?
If your EAD card is lost, stolen or destroyed, you need to request a replacement EAD by filing a new Form I-765. You will need to pay a filing fee again unless you are granted a fee waiver from USCIS.
I never got my EAD in the mail. What do I do?
If you never received the EAD card that USCIS mailed to you, you can inquire online about your undelivered card.
What is considered unlawful employment?
Individuals who are subject to the Immigration and Nationality Act and perform work for an employer in the United States without authorization from USCIS are unlawfully employed. Additionally, without employment authorization, all the following are also unlawful employment:
- Creating a business or running its daily operations
- Self-employment gig work
- Online freelance work
- Operating a home-based business
- Participating in foreign exchange (Forex) trading
- Continuing to work with an expired employment authorization card
What are the penalties for unlawful employment?
If USCIS learns that a person worked without authorization, that person could be barred from being able to adjust their status whether they worked illegally before or after they applied for status adjustment. This can prevent them from getting their green card. They may also face removal proceedings and be inadmissible for entry into the country in the future, which means cancellation of their visa.
No one wants to face the stiff penalties of violating immigration law. If you would like to work in the United States, it’s in your best interest to consult with an immigration attorney who can help you obtain an EAD card so that you can be legally employed.
What are you permitted to do without employment authorization?
If you don’t have work authorization, you’re still permitted to make “passive” financial investments like having a savings account that yields returns and investing in stocks and bonds. You may even be a passive investor in a private company.
Do You Need to Speak with an Attorney About Filing Form I-765?
If you’re interested in obtaining employment authorization so that you can begin working in the United States, we can help. We’ve helped thousands of immigrants gain the right to work in the U.S. and can make sure silly mistakes don’t delay your cases. To start the process of getting an EAD card, contact Warren Law Firm to schedule a consultation.