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I-765 Form Questions

In the United States, individuals who are residing in the country temporarily and are considered eligible for employment authorization can file a Form I-765, Application for Employment Authorization, in order to obtain an Employment Authorization Document (EAD). Other people who are authorized to work in the country without restrictions can also use this form to get a document providing evidence of this authorization. Listed below are a few popular questions answered by lawyers on Form I-765 related issues.

I sent my Form I-765 application, got a receipt from the USCIS and waited for a notice for almost 5 months since I didn’t attach my photographs with it. Last week, I received a denial decision letter. Do I need to re-apply?

First of all, you would need to find out whether the denial was only because you did not send in your photographs. If that is the case, you would need to re-apply and ensure that all your documents are included in the file this time around.

I have an F1 status and am going to fill out Form I-765 as a non-immigrant seeking OPT. I’d like to know what form to fill out, along with Form I-765, for a dependant who has an F2 status. Also, once I apply for OPT, will the status of my dependant change?

F2 dependants of F1 students do not have employment authorization and are not eligible to file for an Employment Authorization Document (EAD) using Form I-765. Also, getting authorized Optional Practical Training (OPT) will not change your status. F1 would still remain your status and your dependant would continue to maintain his/her F2 status based on your F1 status.

Despite having followed the procedures on the USCIS website, my Form I-765 was returned for having incomplete information. The application is for the spouse of a U.S. citizen who is already staying in the country and who has been assigned a temporary Alien card but not been issued it yet. How can I get the work authorization expedited by USCIS?

If the temporary Alien card has already been assigned to the spouse of the U.S. citizen, it should probably arrive within three weeks of the approval date. Also, in most cases, the approval notice would be enough to prove the spouse is a lawful permanent resident and does not require work authorization or need to wait for a Green Card to start working in the country.

In case the temporary Alien card has not been approved and the spouse is still awaiting an interview, and it has been over 90 days since the filing of the Form I-765, work authorization can be expedited by making an INFOPASS appointment at http://infopass.uscis.gov/ and asking for an expedited work authorization card.

After having sent in both my online application for I-765 and the relevant documents to the Immigration office, I find that a small change needs to be made on the Form. Is it possible for me to update the Form or will it be rejected?

To address this issue, you could do one of two things:
  1. 1. Call the USCIS Customer Service number at 1-800-375-5283 and ask for help
  2. 2. Visit http://infopass.uscis.gov/ and make an appointment to see an immigration officer personally to help them resolve the issue for you.

I have a question with regard to Form I-765 where they ask me whether I have ever applied for employment authorization. I got a SSN when I worked on campus with my F-1 visa. Would that count?

The matter is simple. If you have filed a Form I-765 in the past, then you can say “Yes”. If you did not, then you need to say “No” on the form.

When you fill out Form I-765, ensure that you read the instruction guide completely before you start the actual process of filling in the application. Also, double check that you do fall under one of the eligible categories before applying. Since each category will require you to submit different documents, collect all the required documents and submit them together in order to send in a completed application.
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