For many non-citizens, being able to work legally in the United States is a top priority and essential to building a life here. However, the process of getting employment authorization can be complicated and confusing. Form I-765 is the key to requesting permission to work for many immigration statuses.
But determining if you’re eligible, filing the right documents on time, and dealing with any hiccups along the way is a lot to handle on your own, especially with your livelihood on the line. In this article, we’ll review the basics of applying for work authorization with Form I-765 and how getting the right legal help can be crucial to achieving your American dream.
Getting Permission to Work in the U.S. with Form I-765
To legally work in the United States as a non-citizen, you need authorization from the government in most cases. This comes in the form of an Employment Authorization Document (EAD), which you request by filing Form I-765 with U.S. Citizenship and Immigration Services (USCIS).
Who Can File Form I-765?
Many categories of non-citizens are eligible to apply for work authorization using Form I-765, including:
Refugees and Asylees
People granted asylum or admitted as refugees are eligible to work in the U.S. They can apply for an EAD with Form I-765. Asylum applicants may also apply for an EAD 150 days after filing their asylum case.
Withholding of Removal and CAT Protection
Non-citizens granted withholding of removal or protection under the Convention Against Torture (CAT) may apply for an EAD using Form I-765. However, these statuses alone don’t lead to a green card, so it’s important to maintain your work authorization.
Specific Nationalities
Citizens of certain countries, like the Federated States of Micronesia, the Marshall Islands, and Palau, can live and work in the U.S. under treaty agreements. However, they must still file Form I-765 to request an EAD.
Deferred Action Programs
Recipients of deferred action, such as those with Deferred Action for Childhood Arrivals (DACA), are eligible for work authorization. If you have DACA status, you can request an EAD by filing Form I-765 and proving your economic need to work.
International Students
While most student visas don’t allow off-campus work, those with F-1 status may be eligible for an EAD in some cases. This includes optional practical training related to your degree or off-campus work necessary because of serious economic hardship. M-1 students can also request an EAD for practical training after completing their course of study.
Dependents of Non-Immigrant Visa Holders
In some cases, spouses and children of non-immigrants (such as H-1B and L-1 workers) may be eligible for an EAD. For example, spouses of E-1, E-2, E-3, and L-1 visa holders can apply for work authorization after entering the U.S.
Family-Based Immigration
Applicants for certain family-based visas, like a K-1 fiancé(e) visa or a V visa for spouses and children of green card applicants, may be able to apply for an EAD while their case is pending. This allows them to work in the U.S. before getting a green card.
The Form I-765 Application Process
To apply for an EAD, you must submit Form I-765 along with supporting documents proving your immigration status and identity. You also have to pay a filing fee or request a fee waiver. Current processing times range from several months to over a year, depending on your category.
Maintaining Your Work Authorization
Your EAD will come with an expiration date, so it’s important to apply for a renewal well in advance to avoid gaps in your ability to work legally. Certain categories get an automatic 180-day extension when they file a renewal before expiration.
Timing Your Renewal Application
When your EAD is set to expire, it’s important to plan ahead and give yourself plenty of time to renew. Processing times can be lengthy, so waiting until the last minute can be risky. There’s nothing worse than having to stop working because your employment authorization expired before your renewal was approved.
To prevent this stressful situation, it’s best to file your I-765 renewal application at least 6 months before your current EAD’s expiration date. Some categories can even file for renewal up to 180 days before expiration. By getting your application in early, you give USCIS time to process your case without interrupting your ability to work.
Automatic Extension for Certain Categories
There is a bit of relief for certain eligibility categories who timely file their I-765 renewal. If you file your renewal application before your current EAD expires, you may be eligible for an automatic extension of your work authorization for up to 180 days. This means that even if USCIS is still processing your renewal when your original EAD expires, your employer can rely on your expired EAD and I-797C Notice of Action receipt for the renewal as proof of your continued work authorization for up to 180 days.
Some categories that may be eligible for the automatic 180-day extension include:
- Refugees and asylees
- Applicants for adjustment of status (green card)
- Applicants for cancellation of removal
- Some non-immigrant visa holders and their dependents
However, the automatic extension doesn’t apply to every category, such as DACA recipients. It’s important to understand whether your specific category qualifies and plan accordingly.
Avoiding Gaps in Employment Authorization
Gaps in your ability to work legally can have serious consequences, both for you and your employer. You may miss out on income and opportunities for advancement, while your employer could face penalties for allowing you to work without proper authorization.
The best way to prevent gaps is to be proactive about renewing your EAD. Set reminders for yourself well in advance of your expiration date and consult with an immigration attorney to ensure you’re filing at the appropriate time with the right evidence. If you’re relying on the automatic 180-day extension, make sure your employer is aware of this and has the necessary documentation.
If you find yourself in a situation where you’ve lost work authorization, it’s important to stop working immediately. Continuing to work without a valid EAD can have serious immigration consequences and jeopardize your future in the U.S. Reach out to an experienced immigration lawyer right away to understand your options for getting your work authorization reinstated.
What Happens if Your I-765 is Denied?
A denial of your I-765 means you cannot work legally unless you have a separate valid EAD. Receiving a denial can be stressful and disheartening, but it’s important to understand your options for moving forward.
Reasons for Denial
There are a few common reasons why USCIS may deny an I-765 application:
- You don’t meet the eligibility requirements for your category
- You didn’t submit sufficient evidence of your eligibility
- You made errors or omissions on your application
- You have issues with your underlying immigration status
Regardless of the reason for denial, it’s important to carefully review the denial notice from USCIS. This notice should explain the specific reasons why your application was rejected.
Fixing Errors and Reapplying
In some cases, you may be able to correct the issues that led to your denial and file a new I-765 application. For example, if you simply forgot to include a required document or made a mistake on the form, you can gather the missing evidence or correct the error and refile your application.
However, not all errors are fixable. If USCIS determined that you’re not actually eligible for an EAD or you have problems with your immigration status, simply refiling the application won’t resolve the issue. This is where it can be extremely valuable to have an experienced immigration attorney review your case. They can help you understand your options and whether refiling is likely to be successful.
How an Immigration Lawyer Can Help?
Don’t risk your ability to work in the U.S. – get the help of a knowledgeable lawyer who can protect your rights and set you up for success. Consult with a qualified immigration attorney today to discuss your Form I-765 application and overall immigration journey. The right legal guidance can make all the difference.
