I-765Application for Employment Authorization

Who Typically Files Form I-765?

You may need Form I-765 if you are in one of these common situations (USCIS calls these "eligibility categories"):

Most Common Categories

• Pending green card applicants (adjustment of status) — code (c)(9)
• Asylum seekers with pending applications — code (c)(8)
• Temporary Protected Status (TPS) — codes (a)(12) or (c)(19)
• Parolees — most use code (c)(11)
• F-1 students applying for OPT/STEM OPT — codes (c)(3)(A), (c)(3)(B), (c)(3)(C)
• Certain dependents — J-2, L-2, H-4, E-dependents

Important Note: E- and L-spouses are usually authorized to work "incident to status" (no EAD required). Their I-94 will show codes like E-1S/E-2S/E-3S or L-2S and serves as work authorization evidence for Form I-9.

Can I File Online?

Often, yes! USCIS allows online filing for many I-765 categories including:

• OPT categories (c)(3)(A)/(B)/(C)
• Pending asylum (c)(8)
• Pending adjustment (c)(9)
• Parolee (c)(11)
• TPS-related (c)(19)

Important Exception: If you qualify for a fee exemption under (c)(9), you must mail a paper application—don't use the online option—so USCIS can apply the exemption.

2025 Fees (Current Costs)

USCIS fees changed significantly in 2024 and again in 2025. Here's what you need to know:

Base I-765 Filing Fee

• $470 if filed online
• $520 if filed by mail

Special Fees for Green Card Applicants (c)(9)

• $260 if your I-485 was filed on/after April 1, 2024 and is still pending
• $0 (free) if your I-485 was filed between July 30, 2007 and March 31, 2024

New H.R. 1 Additional Fees (Effective July 22, 2025)

Congress added extra, non-waivable fees for asylum, parole, and TPS EADs:

• Initial EAD: $550 in addition to base fee
• Renewal EAD: $275 in addition to base fee

These H.R. 1 fees cannot be waived even if you qualify for a fee waiver on the base fee.

Filing Fees

Online Filing: $470 base (varies by category) Paper Filing: $520 base (varies by category)

Tip: Always check Form G-1055 Fee Schedule for your exact category including special pricing and add-ons.

How Long Does It Take?

Processing times vary significantly by category and service center:

• Check current times using USCIS's Check Case Processing Times tool
• Select I-765 and your specific category
• Monitor your case with Case Status Online using your receipt number
• File "outside normal processing time" inquiry if delayed

Premium Processing Option

Only available for F-1 OPT/STEM OPT categories:

• File Form I-907 for expedited processing
• 30 business-day decision guaranteed
• Additional fee required

What Documents Do I Include?

Required Documents

• ✓ Completed and signed Form I-765
• ✓ Government-issued photo ID (passport bio page, prior EAD, etc.)
• ✓ I-94 record (if you have one)
• ✓ Two identical passport-style color photos
• ✓ Category-specific proof (see below)
• ✓ Filing fee payment (check/money order or credit card form)
• ✓ Form I-912 for fee waiver (if eligible)

Category-Specific Evidence

• (c)(9): I-485 receipt notice
• OPT: Properly endorsed I-20 from school
• (c)(8): Asylum application receipt or filing proof
• TPS: TPS approval or application notices
• (c)(11): Parole documentation

Remember: One form = one category. Enter a single eligibility code in Part 2, Item 27.

Step-by-Step: Filing Your I-765

Option A: File Online (Recommended if Eligible)

1. Create Account Sign in to your myUSCIS account or create one

2. Start Application Choose Form I-765 and select your eligibility category

3. Complete Form Answer all questions and upload required evidence including photos

4. Pay Fees Pay base fee plus any H.R. 1 additional fees if applicable

5. Submit & Track Get receipt number immediately to track your case

Option B: File by Mail

1. Download Form Get current I-765 from USCIS.gov and complete it

2. Gather Documents Assemble package in USCIS recommended order

3. Include Photos Two identical passport-style photos required

4. Find Address Use Direct Filing Addresses page for correct Lockbox

5. Mail Package Send via trackable mail with correct fees

Critical: Incorrect fees and missing signatures are top rejection reasons. Double-check before mailing.

Special Timing Rules for Asylum Applicants

If applying under (c)(8) based on pending asylum:

The 150/180 Day Rules

• File after 150 days: From when USCIS/EOIR received your properly filed asylum application
• Approval after 180 days: USCIS cannot approve until 180 days on your "asylum EAD clock"
• Clock stops: Delays you request or cause don't count toward the clock

This means even if you file at 150 days, you won't get approved until day 180 at the earliest.

After You File

What to Expect

1. Receipt Notice (I-797C): Arrives within 2-4 weeks with receipt number
2. Biometrics Appointment: May be scheduled if needed (no extra fee)
3. Request for Evidence (RFE): Possible if documents missing
4. Decision: Approval, denial, or RFE
5. Card Production: Within ~2 weeks after approval
6. Mail Delivery: USPS tracking available in online account

Tracking Your Case

• Use receipt number on Case Status Online
• Sign up for email/text updates
• Check processing times for your category
• Submit inquiry if outside normal timeframe

Renewals, Extensions & Validity

When to Renew

USCIS encourages filing up to 180 days before expiration to avoid work gaps.

Automatic Extension Benefits

Many categories receive automatic extension up to 540 days when:

• Filing timely renewal (before expiration)
• Applying in the same category
• Category is on eligible list

Proof of extension: Expired EAD + I-797C receipt notice

Special TPS Rule

TPS-based renewals filed on/after July 22, 2025 are limited to:

• Up to 1 year, OR
• Duration of TPS designation
• Whichever is shorter

Extended Validity Periods

USCIS now issues longer-validity EADs (up to 5 years) for:

• Asylum applicants
• Asylees and refugees
• Adjustment of status applicants
• Other select categories

Getting a Social Security Number

You can request an SSN directly on Form I-765:

• Answer Part 2, Items 13.a–17.b
• SSA will issue card after EAD approval
• No separate SSA office visit needed
• Convenient for first-time SSN applicants

Common Mistakes to Avoid

Top Rejection Reasons

1. Wrong category code - Using incorrect code in Part 2, Item 27
2. Multiple categories - Listing more than one eligibility code
3. Wrong fee amount - Not including H.R. 1 add-on if required
4. Missing signature - USCIS rejects all unsigned forms
5. Wrong mailing address - Each category has specific Lockbox
6. Mixed applications - Improperly combining forms in one envelope
7. Outdated form edition - Always use current version from USCIS.gov
8. Improper filing format - Using highlights, tape, or double-sided printing

Filing Best Practices

• Print single-sided on white paper
• Use black ink for signatures
• Don't use staples, tape, or highlighters
• Include complete fee payment
• Keep copies of everything
• Mail with tracking number

Quick Reference by Status

Adjustment of Status (Green Card) Applicants

• Code: (c)(9)
• Fee: $260 if I-485 filed after 4/1/24, $0 if before
• Can file with I-485 or while pending

F-1 Students (OPT)

• Codes: (c)(3)(A), (c)(3)(B), (c)(3)(C)
• Must have DSO endorsement on I-20
• Premium processing available

Asylum Seekers

• Code: (c)(8)
• File after 150 days, approval after 180
• Additional H.R. 1 fees apply

TPS Beneficiaries

• Codes: (a)(12) or (c)(19)
• Additional H.R. 1 fees apply
• Special renewal extension limits

Red Flags That Cause Delays

• Mathematical errors in fee calculations
• Photos not meeting specifications
• Missing supporting documents
• Incorrect eligibility category
• Filing too early (asylum cases)
• Inconsistent information across forms
• Using wrong form edition
• Incomplete biographical information

Remember: Form I-765 creates your legal work authorization in the United States. Take time to complete it correctly, use the right category code, pay the correct fees, and maintain copies of everything for your records.