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I-765 · Employment Authorization

I-765 – Employment Authorization Document (EAD)

Apply for legal work authorization in the United States — whether it's your first EAD or a renewal.

Our Fee

$69

USCIS Fee

Varies by category

Est. Completion

10–15 min

Processing Time

3–6 months

⚠️ ImmigrationSmile.com is not a law firm. We prepare forms only. USCIS fees are paid separately.

About Form I-765

Form I-765, Application for Employment Authorization, allows eligible non-citizens to apply for an Employment Authorization Document (EAD) — also called a work permit. Without an EAD, non-citizens who do not have inherent employment authorization through their status (such as green card holders or certain visa holders) cannot legally work in the United States. EADs are granted based on specific eligibility categories defined under federal regulations.

Common Eligibility Categories

✓ Pending I-485 (Adjustment of Status) applicants — category (c)(9)

✓ Asylum applicants (pending or approved) — category (c)(8) or (a)(5)

✓ DACA recipients — category (c)(33)

✓ TPS (Temporary Protected Status) beneficiaries — category (a)(12)

✓ Spouses of certain visa holders (E-2, H-1B, L-1) — category (c)(9) variants

✓ Refugees and withholding of deportation grantees — category (a)(3) or (a)(10)

Verify your correct category code on the USCIS I-765 instructions before filing.

Documents Required

  • ✓Copy of passport bio page (valid or expired)
  • ✓Copy of I-94 Arrival/Departure Record
  • ✓Two passport-style photos (2"x2")
  • ✓Evidence of your specific eligibility category (e.g., I-485 receipt notice, DACA approval, TPS approval)
  • ✓Copy of any prior EAD card (front and back) for renewals
  • ✓Copy of most recent I-797 approval or receipt notice

Steps to File I-765

  1. 1

    Identify your correct EAD eligibility category code from the USCIS I-765 instructions

  2. 2

    Complete the I-765 questionnaire using our software

  3. 3

    Gather two passport-style photos and required supporting documents

  4. 4

    Pay the USCIS filing fee (varies by category; may be $0 if filed concurrently with I-485)

  5. 5

    Mail to USCIS with photos attached as instructed

  6. 6

    Await biometrics appointment notice (for some categories)

  7. 7

    Receive EAD card by mail — do not begin work until you have the physical card

FAQs – I-765

Q: How long does it take to receive my EAD?

A: Processing times vary by category and USCIS workload but typically range from 3–6 months. You can check current processing times at uscis.gov.

Q: Can I work before receiving my EAD?

A: Generally no. You must wait until you receive the physical EAD card before starting employment based on it (with limited exceptions such as certain TPS auto-extensions).

Q: What is an automatic extension of an EAD?

A: Certain categories receive an automatic 180-day extension of their EAD beyond the expiration date if a renewal I-765 is filed before expiration. Check your category eligibility on the USCIS website.

Q: When should I file for EAD renewal?

A: File 150–180 days (5–6 months) before your current EAD expires to avoid a gap in work authorization.

Ready to Start?

Complete the continuous questionnaire to generate your print-ready packet.

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