Questions about I-765 Form

Form I-765 is an application for employment authorization for non-residents who are temporarily residing in the United States. They are eligible to request an Employment Authorization Document (EAD) card, which is known as “work permit”. It is a document that is issued by the USCIS. It offers legal rights to its owner to work in the U.S. for a particular time period. It depends on the individual’s immigration situation. Below are some frequently asked questions about Form I-765.

My friend has returned to the U.S after his one week visit to Canada. Does he need to include his return entry on Form I-765 for Question 12 to answer the date of last entry to the U.S.?

In a situation like this, your friend would need to include the date of his return entry from Canada. The form asks for the date of last entry into the U.S.

If I file I-765 and I-485 jointly, do I have to pay the filing fee for I-765? What is the processing fee for I-765 when filed together with I-485? How much do I need to pay if I file for I-765 alone?

When you file Forms I-765 and I-485 jointly, the fee for Form I-765 is included in the fee paid for Form I-485. You would have to pay the filing fee for I-485, which is $1070 and includes the I-765 filing fee. However, if you file Form I-765 without filing Form I-485 you would pay a $380 fee.

I have applied for I-765 online but made a mistake in filling out the form. It was after I sent my documents to the Immigration office I realized that I had written USA instead of India in the Country of Citizenship section. Is there any way to rectify the mistake now? What should I do?

What you could do now is call the USCIS Customer Service number at 1-800-375-5283. Or you could visit http://infopass.uscis.gov/ to make an appointment to speak in person to an immigration officer. You can ask them for help with this problem.

I have recently graduated from school. I want to fill out Form I-765 under the category (c) (3) (B) to do my Optional Practical Training (OPT). I was authorized to work when I was in school. What answer should I put for Question 11? I did not have an EAD to work off campus in school.

In this case, since you did not apply for an Employment Authorization Document while in school, your answer to Question 11 on Form I-765 would be “NO”. You do need an EAD to work off campus but on-campus employment is allowed without an EAD.

I submitted Form I-765 from USCIS to get employment authorization for a spouse of an U.S. citizen already living in the country. However, the form was returned due to incomplete information. I followed the procedures on the USCIS website. Now, the petition has been approved. The temporary alien card is assigned but not yet issued. How can USCIS quicken the work authorization process?

In a case like this, if the USCIS has approved the temporary alien card for the spouse of the U.S. citizen, then he or she should receive the card within approximately three weeks after the approval date. The approval notice is itself evidence of his or her status as a Lawful Permanent Resident. That person should not need additional work authorization or need to wait for the actual Green Card to start working in the U.S. However, in case the person is not approved for the temporary Alien Card, is waiting for his or her interview, and it has been more than 90 days since the I-765 was filed, the couple or you could make an appointment at http://infopass.uscis.gov/ to expedite the process. You may also want to ask for an expedited “work authorization card”.

Non-residents or legal aliens living temporarily in the United States who are eligible to apply for employment authorization can file Form I-765 to request an EAD. They can file via mail with the regional USCIS center for the area in which they live or they may be able to file online. If you need any clarification about your particular situation with respect to Form I-765, you may wish to ask a legal expert.