Independent form guide. BrieflyGo is not affiliated with or endorsed by IRS, USCIS, SSA, DOL, or any U.S. government agency. Official forms are sourced from public government websites.
Official form guide
Form I-765: Application for Employment Authorization
USCIS Form I-765 is Application for Employment Authorization, used by certain foreign nationals to request employment authorization and an EAD from USCIS. If you are a lawful permanent resident, do not use this form.
Need help with Form I-765?
Open it in the AI Editor for field guidance, checks, and PDF export.
Need help? AI Editor guides you through every field of Form I-765.
Start filling →Form Overview
USCIS Form I-765 - Application for Employment Authorization
USCIS Form I-765 is Application for Employment Authorization, used by certain foreign nationals to request employment authorization and an EAD from USCIS. If you are a lawful permanent resident, do not use this form.
Risk Radar
Scan points- 1Do not file under category (c)(9) as an INA section 245 adjustment applicant if you are a refugee filing under (a)(3).
- 2Failing to include proof of fee payment or fee waiver order (G-1055) when in removal proceedings.
- 3Not providing documentation for arrests/convictions, even if records are sealed or expunged.
- 4Selecting 'Yes' for traffic violations on Item 31.b. when only minor, non-alcohol/drug related offenses occurred.
- 5Failing to provide evidence for TPS applicants (e.g., last available EAD or I-94).
Plain English
This form allows eligible foreign nationals in the United States to officially ask U.S. Citizenship and Immigration Services (USCIS) for permission to work legally. Upon approval, it results in an Employment Authorization Document (EAD) showing that authorization. Certain individuals may also use Form I-765 even if their status already permits unrestricted employment.
Submission Date
- Filing date: Not stated in the official source for a specific deadline; however, applicants may apply for an EAD at any time while their country’s Temporary Protected Status (TPS) designation remains in effect.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
AI co-pilot
Fill it faster. Catch mistakes before you file.
What this form is for
- Use this form when a foreign national in the United States requests employment authorization and an Employment Authorization Document (EAD).
- Do not use Form I-765 if you are a lawful permanent resident, a conditional permanent resident, or a nonimmigrant only authorized for employment with a specific employer under 8 CFR 274a.12(b).
- Check Form I-881 instead when eligible to apply for NACARA relief and filing concurrently.
Form selector
Use this form or another form?
Spouse of an H-1B Nonimmigrant
Submission is required alongside documentation of current H-4 admission/extension, or proof of approved I-140/AC21 status.
✓ Ensure you submit the supporting relationship documents.
File with Form I-539 or Form I-129
NACARA Relief Applicant
Filing Form I-765 together with Form I-881 is required if eligible for NACARA relief.
✓ Verify whether to file with USCIS or EOIR first.
K-1 Fiancé(e) or K-2 Dependent
This category is only authorized for work during the 90 days in status, and the EAD cannot be renewed.
✓ Confirm you are applying under the correct K classification.
File along with evidence of admission (I-94, passport, etc.) and K visa
Deadline or filing window
The application can be submitted at any time while your country’s Temporary Protected Status (TPS) designation remains in effect. If applying for NACARA relief, the I-765 must accompany Form I-881. The instructions do not state a fixed deadline other than the duration of TPS.
Checklist
What you need before filling it out
General Application
Documentation proving eligibility for employment authorization. · Not specified beyond general requirement.
Spouse of H-1B Nonimmigrant (c)(26)
Documentation establishing spouse's status (approved I-140 or AC21). · Form I-765 instructions.
NACARA Suspension/Cancellation
Evidence that you are in immigration removal proceedings and fees were paid/waiver granted. · Instructions p.4.
K-1/K-2 Applicant (a)(6)
Copies of Form I-94, passport, or other travel document, plus K visa. · Instructions p.12.
General Arrests/Convictions
Certified copies of all arrest reports, court dispositions, and sentencing documents. · Instructions p.10.
Before you submit
- 1Ensure all required application fees are paid or provide evidence of a fee waiver (See USCIS Form G-1055 for details).
- 2If applying as a refugee, verify that you file under eligibility category (a)(3) on the Form I-765.
- 3If paroled as a refugee, include a copy of your Form I-94, passport, or travel document with the Form I-765.
- 4If applying as an asylee, include a copy of either your stamped Form I-94 (indicating asylee status), a USCIS Asylum approval letter, or an EOIR IJ order granting asylum.
- 5If you have been granted withholding of deportation/removal, attach the copy of the EOIR IJ’s signed order for category (a)(10).
- 6Include a copy (front and back) of your last available TPS document if applicable to your filing.
- 7If applying under NACARA relief, ensure you file Form I-765 together with your completed Form I-881.
How to file this form
- 1Complete USCIS Form I-765, Application for Employment Authorization, ensuring the correct eligibility category is selected.
- 2Gather all supporting documentation based on your status (e.g., H-4 proof, K visa copy, arrest reports).
- 3Pay the required application fees or include evidence of a fee waiver order.
- 4Submit Form I-765 to USCIS via the location specified on www.uscis.gov/i-765, and retain a copy for your records.
Known limitations
- 1A lawful permanent resident or a conditional permanent resident should not use Form I-765.
- 2Foreign nationals whose immigration status already authorizes them to work in the United States without restrictions may still use Form I-765 to apply for an EAD from USCIS.
- 3If you are a nonimmigrant only authorized for employment with a specific employer under 8 CFR 274a.12(b), do not use Form I-765.
- 4A refugee who applied using Form I-485 to adjust status must file Form I-765 under category (a)(3) as a refugee, and not under category (c)(9) as an INA section 245 adjustment applicant.
- 5An asylee applying for status under INA section 209 using Form I-485 must file Form I-765 under category (a)(5) as an asylee, and not under category (c)(9) as an INA section 245 adjustment applicant.
Field map
Compact field-by-field guide
Part 1
1 items
Select the code that describes why you are eligible (e.g., (a)(3) refugee, (c)(9) pending I-485, (c)(33) DACA).
Part 2
4 items
Name as it appears on your immigration documents.
MM/DD/YYYY from your birth certificate or passport.
Country of birth and current citizenship/nationality.
Alien Registration Number if assigned.
Part 3
1 items
Where USCIS should mail your EAD card. Must be accurate.
Part 5
1 items
Sign and date. Certifies all information is correct.
Almost done reviewing the fields?
Fillable formOpen in Editor->The instructions for USCIS Form I-765 are dated 08/21/25, and the source directs users to check the website at www.uscis.gov/I-765 for the most current information.
What changed or needs a fresh check
- Edition date — confirm the revision date reads 08/21/25.
- Fee — check www.uscis.gov/g-1055 for all applicable filing fees or evidence of fee waiver.
- Mailing address — not stated in the official source (verify on the agency site).
- Signature — confirm that the required signatures are present on the form itself.
Quick Facts
Downloads
After you file
- 1File a copy of your completed Form I-765 for your records.
- 2If you are applying for TPS, include a copy (front and back) of your last available TPS document with the filing.
- 3If you have been approved for TPS, you may apply for an EAD at any time while your country’s TPS designation remains in effect.
- 4Keep documentation related to traffic violations or arrests, even if sealed or expunged, as USCIS may deny the application based on this evidence.
Sources
- SRCInstructions p.1 — The purpose of Form I-765, Application for Employment Authorization, is to request employment authorization and an EAD from USCIS.
- SRCInstructions p.1 — Lawful permanent residents or conditional permanent residents should not use Form I-765.
- SRCInstructions p.2 — A refugee who applied under INA section 209 using Form I-485 must file Form I-765 under category (a)(3).
- SRCInstructions p.2 — An asylee applying for status under INA section 209 using Form I-485 must file Form I-765 under category (a)(5).
- SRCInstructions p.3 — If applying for TPS, include a copy (front and back) of your last available TPS document with the filing.
- SRCInstructions p.4 — If eligible for NACARA 203 relief, file Form I-765 together with Form I-881.
- SRCInstructions p.10 — For minor traffic violations (not alcohol- or drug-related), do not select 'Yes' for Part 2, Item Number 31.b., on the application.
- SRCInstructions p.11 — If arrested for a traffic offense, select 'Yes' for Part 2, Item Number 31.b., and provide arrest/disposition documentation.
Common confusion points
Should I use Form I-765 even though I am a lawful permanent resident?
The instructions state not to use Form I-765 if you are a lawful permanent resident, although other foreign nationals may also use it.
→ Verify that the 'Who May File' section confirms your status before filing.
Do I need to file under (a)(3) or (c)(9) as a refugee?
If admitted as a refugee and applying via Form I-485, file under category (a)(3), not eligibility category (c)(9).
→ Check the specific instructions for your refugee status.
What do 'minor traffic violations' include/exclude?
Minor traffic violations do NOT include any violations that are alcohol- or drug-related.
→ If you have an arrest, even if minor, select 'Yes' on Item 31.b and provide documentation.
If I am arrested for a traffic offense, what must I submit?
Select the 'Yes' box for Item Number 31.b on the application and provide both arrest and disposition documentation.
→ Provide this evidence even if your records are sealed or expunged.
When should I file Form I-765 instead of just waiting for an EAD?
You may apply for an EAD at any time while your country’s TPS designation remains in effect, provided you have complied with all maintenance requirements.
→ Check the www.uscis.gov/tps website for current designations.
Can I file Form I-765 without needing to file Form I-881?
You do not need to file Form I-765 if you do not want an EAD, but if applying for NACARA relief, filing both together is recommended.
→ Confirm the specific relief type you are claiming.
Workflow map
Related forms and next steps
Current
After
Often used with
⚠ If something goes wrong
Questions about USCIS Form I-765
What is USCIS Form I-765 used for?
This form allows eligible foreign nationals in the United States to officially ask U.S. Citizenship and Immigration Services (USCIS) for permission to work legally. Upon approval, it results in an Employment Authorization Document (EAD) showing that authorization. Certain individuals may also use Form I-765 even if their status already permits unrestricted employment.
Who must file USCIS Form I-765?
Certain foreign nationals who are in the United States must file USCIS Form I-765; this includes refugees, asylum seekers, and others whose immigration status authorizes them to work without restrictions.
What information does USCIS Form I-765 require?
The form collects details such as your personal information (including an Attorney State Bar Number if applicable), your USCIS Online Account Number, and eligibility evidence regarding employment authorization. Specific items collected include documentation of arrests and convictions.
Where do I file USCIS Form I-765?
The instructions direct filers to review the 'Where to File' section of the Instructions booklet to determine the correct location. If filing with EOIR or having already filed with USCIS/EOIR, specific routing rules apply.
How do I complete USCIS Form I-765?
The applicant completes the form by filling out all necessary sections, including providing supporting documentation for their eligibility. If applying under NACARA relief, the I-765 must accompany Form I-881. The form requires signatures to finalize the submission.
What happens if USCIS Form I-765 is filed incorrectly?
Failing to provide required evidence can prevent authorization; for example, if you are in removal proceedings and do not provide proof of fee payment or a fee waiver order (USCIS Form G-1055), your application may be rejected.
Should I use Form I-765 even though I am a lawful permanent resident?
The instructions state not to use Form I-765 if you are a lawful permanent resident, although other foreign nationals may also use it. Verify that the 'Who May File' section confirms your status before filing.
Do I need to file under (a)(3) or (c)(9) as a refugee?
If admitted as a refugee and applying via Form I-485, file under category (a)(3), not eligibility category (c)(9). Check the specific instructions for your refugee status.
Source transparency
Copyright & Licensing - US Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.