Get Your Form I-765 Approved: Work Permit Application Guide
If you want to legally work in the United States, obtaining an Employment Authorization Document (EAD) is essential. The first step in securing your EAD is filing Form I-765, also known as the Application for Employment Authorization. While many family-based applicants and some green card holders must submit Form I-765, individuals immigrating through most employment-based visas are generally not required to file this form.
At Green Card Link, its immigration attorneys provide detailed guidance to help you understand everything about Form I-765—including eligibility requirements, filing instructions, fees, processing times, and how to track the status of your application.
What Is Form I-765?
Form I-765 is the official application used to request an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). An EAD—commonly referred to as a work permit—allows individuals who are not U.S. citizens or lawful permanent residents to work legally in the country.
To complete the form, applicants must provide personal details, immigration history, and supporting documentation. Once approved, USCIS issues an EAD card (Form I-766), which serves as proof of legal work authorization for a specified period.
I-765 Requirements
To successfully obtain approval for Form I-765, you must meet several key requirements:
- Eligibility: Applicants must qualify under a specific category, such as adjustment of status, refugee, or asylee.
- Accurate Information: Provide full and truthful details, including your legal name, date of birth, and Social Security Number (if applicable).
- Filing Fee: Submit the correct fee with your application. Fees vary by category and USCIS processing location.
- Supporting Documentation: Include evidence of eligibility, such as prior EAD approval or immigration status documents.
- Form I-94 Copy: Submit a copy of both sides of your Form I-94 (Arrival/Departure Record), passport, or travel document.
- Photos: Provide two recent, passport-style photos taken within the last 30 days.
- Filing Location: Send your application to the correct USCIS address, which depends on your eligibility category.
- Timely Submission: File within the timeframe permitted for your category.
- Form G-28 (if applicable): If you are represented by an immigration attorney at Green Card Link, include this form.
- Signature: Sign and date the application before submission.
Step-by-Step Instructions for Form I-765
Filing Form I-765 correctly is crucial for approval. Here’s a clear step-by-step process:
- Get the Latest Version: Download the most current Form I-765 directly from the USCIS website.
- Review Eligibility: Carefully read the instructions to confirm that you qualify for work authorization.
- Personal Details: Complete Section 1 with your name, address, and date of birth.
- Eligibility Category: Identify your eligibility category code in Section 2.
- Immigration Status: Provide details such as your Alien Registration Number or USCIS account number, if applicable.
- EAD Renewal: If renewing, include information about your current EAD.
- Previous Applications: Disclose prior EAD filings in Section 5.
- Social Security Request: Indicate whether you are applying for a Social Security Number.
- Employment Information: List details of your current or most recent employer.
- Certification: Sign and date Section 8, confirming all information is true.
- Include Fees and Documents: Attach the filing fee, photos, and all required evidence.
- Mail to USCIS: Send your package to the proper USCIS filing center. Always keep copies for your records.
Filing Fees for I-765
Filing fees depend on the applicant’s category:
- $410 – Most EAD categories
- $550 – Applications under Deferred Action for Childhood Arrivals (DACA)
- $0 – Certain applicants, such as refugees or asylees, are exempt from fees
Some applicants must also pay an $85 biometrics fee for fingerprinting and background checks.
In certain cases, USCIS may grant a fee waiver for applicants who can show financial hardship or receipt of public benefits. Remember, filing fees are non-refundable even if USCIS denies the application.
Where to File Form I-765
The correct filing location depends on your eligibility category:
- Most applicants (including those with pending asylum cases): File with the USCIS Dallas Lockbox.
- Students under category (c)(3)(A): File with the USCIS Phoenix Lockbox.
- Dependents of foreign government officials under category (c)(3)(B): File with the USCIS Chicago Lockbox.
It’s critical to verify the correct filing address on the USCIS website before submitting your application, as addresses may change.
Understanding I-765 Processing Times
The processing time for Form I-765, Application for Employment Authorization (EAD), typically ranges from 2 to 7 months. However, the exact timeline depends on multiple factors, including the applicant’s eligibility category, the specific USCIS service center managing the case, and whether the application was properly completed and submitted.
Current USCIS Estimates for I-765 Processing
- Most eligibility categories: 2 to 5 months
- DACA-based applications: 3 to 5 months
- Adjustment of status applicants: 5 to 7 months
It’s important to remember that these timeframes are estimates only. Processing can take longer depending on USCIS workload, policy changes, staffing levels, and the number of applications received.
How USCIS Provides Processing Time Updates
USCIS offers an online Case Processing Times tool, where applicants can check the average processing time for their specific service center. By entering the case receipt number (found on the Form I-797 Notice of Action), applicants can view both the current case status and the estimated timeframe.
Factors That May Delay I-765 Processing
Several circumstances can affect how quickly an I-765 application is processed:
- Request for Evidence (RFE): If USCIS needs more information or documentation, they will issue an RFE. The application will not move forward until the requested evidence is received.
- Service Center Workload: Processing times fluctuate depending on application volume, staffing changes, and national policy updates.
- Application Errors: Incomplete or incorrectly filed forms can cause delays—or even denials. Applicants should carefully follow USCIS instructions and consider guidance from immigration attorneys at Green Card Link to minimize risks.
Checking the Status of an I-765 Application
Applicants have two main options to track their case status:
1. Online Case Status Tool
- Go to the USCIS “Check Case Status” page
- Enter the receipt number provided on the Form I-797 Notice of Action
- Click “Check Status” to see updates
2. USCIS Customer Service Hotline
Applicants can also call 1-800-375-5283 and follow the automated instructions to check their application status. Be ready to provide the receipt number and other identifying information.
Keep in mind that USCIS updates case statuses periodically, so the information shown may not always reflect real-time updates. If your case is delayed beyond the published timeframe, you can submit a service request through the USCIS website or call customer service for assistance.
Keep in mind that USCIS updates case statuses periodically, so the information shown may not always reflect real-time updates. If your case is delayed beyond the published timeframe, you can submit a service request through the USCIS website or call customer service for assistance.
Frequently Asked Questions About Form I-765
What is Form I-765?
Form I-765, officially known as the Application for Employment Authorization, allows certain noncitizens to legally work in the United States. Without an approved EAD, many individuals are not authorized to accept employment.
How long does it take to get an I-765 approved?
On average, approval takes about 4 months, but the timeline can vary based on eligibility category, USCIS workload, and whether the application was filed accurately.
What’s the difference between I-765 and I-485?
- I-765: Employment authorization application (EAD card)
- I-485: Adjustment of status application for permanent residency
While they serve different purposes, some applicants may file both forms together depending on their immigration path.
Can I stay in the U.S. while my I-765 is pending?
Yes, in most cases you may remain in the U.S. while your I-765 is processing, provided you maintain lawful immigration status or another valid basis for being in the country. Simply having a pending I-765 does not give you legal status.
Why is USCIS taking longer than usual in 2023 and beyond?
Delays often result from increased application volumes, staffing shortages, or policy changes. Applicants should check the USCIS Case Processing Times tool for the latest updates.
Is there a way to speed up an EAD application?
There is no guaranteed way to accelerate processing. However, you can:
- Submit a complete and error-free application
- Respond quickly to any USCIS requests for additional evidence
- File a service request if your case exceeds normal processing times
- Request expedited processing if you meet USCIS criteria, such as severe financial hardship or urgent humanitarian reasons
How Green Card Link Can Help
Because errors and delays in an I-765 application can impact your ability to work in the U.S., professional guidance is highly recommended. At Green Card Link, its immigration attorneys help applicants navigate the process, minimize risks of delay, and pursue expedited options when available. With experienced legal support, you can feel confident that your application is prepared accurately and positioned for success.