What is the Form I-765?
The Form I-765 is an application used by certain non-citizens to request employment authorization in the United States. This form is typically used by individuals who fall under various visa categories, including:
- Asylum seekers
- Temporary Protected Status (TPS) beneficiaries
- F-1 students seeking Optional Practical Training (OPT)
- J-2 dependents of J-1 visa holders
- Adjustment of status applicants
The primary goal of the Form I-765 is to allow eligible non-citizens to work legally in the U.S. while their immigration status is being processed.
Eligibility Requirements for Form I-765
Before applying for work authorization using the Form I-765, applicants must ensure they meet specific eligibility criteria. The requirements can vary based on the applicant's immigration status, but generally include:
General Eligibility Criteria
1. Non-Citizen Status: Applicants must be non-citizens currently residing in the U.S. under a valid immigration status.
2. Work Authorization Categories: Applicants must fall into one of the categories eligible for work authorization, such as those mentioned earlier.
3. Pending Applications: Some applicants must have a pending application for adjustment of status or other immigration benefits.
Specific Eligibility Categories
- Asylees and Refugees: Must have been granted asylum or refugee status.
- Students: F-1 students must have completed their studies and apply for OPT within the designated timeframe.
- TPS Applicants: Must be from a designated country and apply during the TPS registration period.
How to Complete the Form I-765 Worksheet
Completing the Form I-765 can be a daunting task, but following a structured approach can simplify the process. Here’s a step-by-step guide on how to fill out the Worksheet effectively:
Step 1: Gather Required Documents
Before starting the form, gather all necessary documentation, including:
- A copy of your current immigration status document (e.g., I-94, visa).
- A copy of any previous work authorization cards, if applicable.
- Two passport-style photographs.
- Proof of eligibility category (e.g., Form I-20 for F-1 students, asylum approval notice).
Step 2: Fill Out the Form I-765
When completing the form, ensure to provide accurate and truthful information. The form is divided into several sections:
1. Personal Information: Include your full name, address, date of birth, and country of citizenship.
2. Eligibility Category: Clearly indicate the category under which you are applying for work authorization.
3. Previous Employment Authorization: If you have previously been authorized to work in the U.S., provide details of your prior work permits.
4. Signature and Date: Don’t forget to sign and date the form before submission.
Step 3: Review and Double-Check
Before submitting, thoroughly review the form for any errors or omissions. Common mistakes include:
- Incorrect personal information
- Missing signatures
- Failure to provide required documentation
Submitting the Form I-765
Once you have completed the Form I-765 Worksheet, the next step is submission. Here’s how to do it correctly:
Step 1: Prepare Your Application Package
- Include the completed Form I-765.
- Attach all required supporting documents.
- Include the appropriate filing fee (or a fee waiver request if applicable).
Step 2: Mail Your Application
- Determine the correct mailing address for your application based on your eligibility category and current residence. Check the USCIS website for the latest filing addresses.
- Use a reliable mailing service to ensure your application is received by USCIS.
After Submission: What to Expect?
After submitting your Form I-765, you will receive a receipt notice from USCIS confirming that they have received your application. Here’s what to anticipate next:
Processing Times
- The processing time for Form I-765 can vary, typically ranging from 3 to 6 months. It is essential to check the USCIS website for current processing times.
Possible Outcomes
1. Approval: If approved, you will receive your Employment Authorization Document (EAD) in the mail, allowing you to work legally.
2. Request for Evidence (RFE): USCIS may issue an RFE if they require additional information or documentation before making a decision.
3. Denial: If your application is denied, you will receive a notice explaining the reasons for the denial, and you may have options for appeal or reconsideration.
Tips for a Successful Form I-765 Application
To increase your chances of a successful application, consider the following tips:
- Stay Informed: Regularly check the USCIS website for any updates regarding processing times and changes in immigration policy.
- Consult an Attorney: If you have complex immigration circumstances, consider seeking advice from an immigration attorney.
- Keep Copies: Always maintain copies of your completed forms and supporting documents for your records.
- Follow Up: Use the receipt number provided by USCIS to track the status of your application online.
Conclusion
In conclusion, the Form 1 765 Worksheet is a vital tool for non-citizens in the U.S. seeking employment authorization. By understanding the eligibility requirements, carefully completing the form, and following the submission guidelines, applicants can navigate the process more effectively. Remember, staying informed and prepared can significantly enhance your chances of obtaining your work authorization in a timely manner.
Frequently Asked Questions
What is the Form I-765 worksheet used for?
The Form I-765 worksheet is used to apply for an Employment Authorization Document (EAD), allowing eligible individuals to work in the United States.
Who is eligible to file Form I-765?
Eligibility varies, but common categories include asylum seekers, students on OPT, and individuals with pending adjustment of status applications.
What documents are required to submit with Form I-765?
You typically need to submit a copy of your current immigration status document, two passport-sized photos, and any previous EAD cards if applicable.
How long does it take to process Form I-765?
Processing times can vary, but it generally takes between 2 to 6 months. Applicants can check the USCIS website for current processing times.
Can I work while my Form I-765 is pending?
You cannot work until you receive your EAD, but certain categories may allow for employment under specific circumstances while waiting.
What should I do if my Form I-765 is denied?
If your Form I-765 is denied, you may appeal the decision or reapply, depending on the reason for the denial. It's advisable to consult an immigration attorney.
Is there a fee associated with filing Form I-765?
Yes, there is a filing fee for Form I-765, but some applicants may qualify for a fee waiver based on financial hardship.
How can I check the status of my Form I-765 application?
You can check the status of your Form I-765 application online through the USCIS website using your receipt number.
Do I need to submit Form I-765 every time I want to work?
You must submit Form I-765 each time you apply for a new EAD or if your current EAD is expiring and you wish to renew it.
