What Is Form I-765?

If you are waiting for your green card, and you want to work in the U.S., you need an Employment Authorization Document (EAD). The EAD is a work permit that you will need to apply for a job. Form I-765 is the “Application for Employment Authorization”. Form I-765 is what you must file to receive the EAD.

If you are applying for a family based green card, from another country through consular processing, you cannot receive an EAD before arriving in the U.S. You will be eligible for employment only when you arrive in the U.S. and receive your green card.

No person should do paid work before they receive an EAD. It is illegal to be paid for work without an EAD unless you have another work visa such as a H-1B, H-2A, I-Visa, etc…

Fortunately, Form I-765 is usually processed quickly.

In this guide we will answer several questions about Form I-765:

• How Long Does Form I-765 Take To Process?
• How Much Does Form I-765 Cost?
• Who Can File Form I-765?
• When Should I File Form I-765?
• Where Should I File Form I-765?
• What Documents Do I Need To Provide With Form I-765?
• Should My Documents Be Translated Into English?

How Long Does Form I-765 Take To Process?

The processing time for Form I-765 is between 1-10 months, but it’s usually faster. The most common timeline is between 4-7 months according to USCIS processing times.

According to USCIS, if you submit a document with information in a foreign language, you must also submit an English translation.To guarantee that your I-765 is processed as quickly as possible, it helps to use a certified translator.

You can order a certified translation of these documents from our online store:

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How Much Does Form I-765 Cost?

For most people, the cost to file Form I-765 is $410. There are other factors that may change the cost. For example, some people have to pay the biometric services fee.

Do I Have To Pay The Biometric Services Fee?

Some people will also have to pay the Biometric Services Fee, which is $85. This would raise the total cost to $495.

• Filing Fee for Form I-765 – $410.
• Biometric Services Fee – $85.

People filing through the following categories must pay the Biometric Services Fee:

• Consideration of DACA
• Principal Beneficiaries of an Approved Employment-Based Immigrant Petition
• Spouses or Children of a Principal Beneficiary of an Approved Immigrant Petition

Who Does Not Have To Pay The I-765 Filing Fee?

If you are applying for a green card using form I-485, you can submit form I-765 at the same time. If these two forms are filed together, you will not have to pay the $410 filing fee.

There are also other categories of people who do not have to pay the filing fee. Those include but are not limited to:

• Refugees and Asylees
• N-8 and N-9 Nonimmigrants
• Citizens of Micronesia, Republic of the Marshall Islands, and Palau
• T-nonimmigrants
• U-Nonimmigrants

Can I Have The Fee For Form I-765 Waived?

If you cannot afford the filing fee for Form I-765, you may be eligible for a fee waiver. To request a fee waiver, submit Form I-912 along with Form I-765. You will also need to submit evidence showing why you cannot pay the fee.

Who Can File Form I-765?

If you meet the eligibility requirements for a family based green card, then you are eligible to file Form I-765 and receive an Employment Authorization Document. You should form Form I-485 before or at the same time you file Form I-765.

There is a wide variety of other people who are eligible to file Form I-765. USCIS has included a complete list in the instructions for Form I-765, in the section titled “Who May File Form I-765?”

When Should I File Form I-765?

You can file Form I-765 at the same time that you file Form I-485. You should include two identical color passport-style photographs of yourself that were taken recently.

If you have already filed Form I-485, you should wait until USCIS notifies you that they have received your application. Then, you can file Form I-765. You should include a copy of the notice from USCIS that they received your green card application.

Where Should I File Form I-765?

USCIS provides specific instructions about where and how you should file Form I-765 depending on your situation. However, if you are filing Form I-765 with another form, such as Form I-485, both forms should be filed at the location specified by the other form.

What Documents Do I Need To Provide With Form I-765?

There are several different types of documents required along with Form I-765 that the applicant needs to provide. These include but may not be limited to:

• A copy of your Form I-94, front and back.
• A printout of your electronic Form I-94.
• A copy of the visa you used to enter the U.S., which is inside your passport.
• A copy of your passport photo page.
• A copy of your most recent EAD, if you were issued one.
• Two identical, color, passport-style photographs of yourself that were taken recently.
• Form G-28 if you are being represented by an attorney.

You might have to also include a copy of the notice you received from USCIS that your green card application is being processed if:

• You applied for a green card and your sponsor is a green card holder, and not a U.S. citizen.
• You are filing form I-765 after you already filed your green card application.

If you have never received an Employment Authorization Document (EAD) before, you also need to include these government ID’s.

• A copy of your birth certificate.
• A copy of a visa issued by a foreign consulate.
• A national ID document with photo and/or fingerprint.

Should My Documents Be Translated Into English?

Yes, according to USCIS, if you submit a document with information in a foreign language, you must also submit an English translation. To guarantee that your I-765 is processed as quickly as possible, it helps to use a certified translator.

The documents and forms mentioned above may not be a complete list. Other documents that commonly need to be translated for immigration purposes include:

• Criminal records
• Birth certificates
• Marriage certificates
• Divorce decrees
• Academic transcripts

You can order a certified translation of these documents from our online store:

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Author: Aaron Randolph | LinkedIn