How to File Form I-765

If you are not a citizen of the United States, you will likely need to submit to USCIS form I-765, which is the form that allows you to get a work permit, also called your employment authorization document (EAD).

In this article we take you through:

1. What Form I-765 is;
2. How to Fill Out Form I-765;
3. What Documents to Attach to Form I-765; and
4. Where to Mail Form I-765;

Click on the links above to jump directly to each section.

I. What is Form I-765?

Form I-765 is the form used to apply for employment authorization in the United States. Form I-765 is the form you need to fill out in order to obtain a work permit. The form can be found on the USCIS website here. You want to make sure that your form is up to date, so it is best to always download your form directly from the USCIS website.

II. How to Fill Out Form I-765

To complete form I-765, you need to fill in the answers to the questions asked on the form according to the instructions given for the form. Don’t worry, the length of the form may seem daunting but we’ll take you through the seven pages step by step.

To illustrate, we will fill out the form for a fictional person named John Mateo Garcia, who was born in Mexico and has come to the United States to seek asylum, but has not yet been granted asylum.

To make things easy to read, we highlighted the sections we filled in with yellow and highlighted other important sections in blue. We also filled out the form in blue, however, Form I-765 instructions state that you should use “black ink” to complete the form.

Page One

The first page of Form I-765 asks why you are applying for a work permit and for your name. You may complete the form if it’s your first time applying for a work permit, your work permit was lost or stolen, or you need to renew your work permit. In this case, it is John Garcia’s first time applying so we checked box 1.a. Part two just asks you for your full name and other names that you went by. As we highlighted in blue, if a section does not apply to you, simply type N/A.

Page Two

The second page of Form I-765 asks for your address and for more information about you and your family, such as your travel documents, gender, relationship status, parents’ names, etc. Your work permit (Employment Authorization Document) will be sent to the mailing address listed on the form. The instructions state that it is not mandatory to request for a social security number (SSN), however, you need an SSN in your name to work in the United States.

Page Three

The third page of Form I-765 asks where you were born, for information about when you last arrived in America, and for information to determine if you are eligible for a work permit. We want to draw attention specifically to numbers 24 and 25, which asks about immigration status and offers the option of “no status.” If it is appropriate, try to list the status of what you are seeking instead of stating, “no status.” For example, John is seeking asylum so we listed “pending asylee” rather than “no status.” We never want to mislead USCIS. Had we written “asylee” only, an official might have thought that John lied on his application stating that he was already granted asylum.

Number 27 asks you to state the category that makes you eligible to file form I-765. There are many categories through which a person may file form I-765. In our example, because John is seeking asylum, but has not been granted asylum yet, John is eligible to apply for a work permit under category (c)(8). For illustrative purposes we’ve kept John’s history clear of criminal records and unlawful entries into the U.S. If John had entered the U.S. unlawfully or had a criminal history, he would need to provide more information.

Page Four

The fourth page of Form I-765 lists more eligibility categories, asks how you filled out the form and for your contact information. The instructions state to list only one category number, so John skipped the questions directed to other categories since his eligibility category is (c)(8).

Page Five

The fifth page of Form I-765 asks for your signature and for your interpreter’s information. The instructions state that you need to hand write your signature in black ink. USCIS does not accept a stamped or typewritten name instead of a signature. John did not use an interpreter, however, many people seeking asylum do not speak English and will need an interpreter. In that case, part 4 will be filled in with the interpreter’s information.

Page Six

The sixth page of Form I-765 asks for the preparer’s information. Part 5 is used if someone other than the person applying for the work permit filled out the form, such as a lawyer, or a paralegal, or a friend. In our hypothetical, John filled out the form by himself.

Page 7

The seventh page of Form I-765 is where you list additional information that could not be fully listed in the previous sections. For example, if John did not enter the U.S. lawfully (question 30.g. on page 4), he would write 4 as the page number, 2 as the part number, and 30.g. as the item number and explain further why he did not enter the U.S. lawfully. The instructions state to sign and date each additional sheet.

John could also attach a separate sheet of paper and explain why he entered the U.S. unlawfully. He would need to print or type his name and alien registration number (A-number) at the top of the sheet, specify the page number, part number, and item number just as stated above, and sign and date the separate sheet of paper.

III. What Documents to Attach to Form I-765

There are general documents to attach to Form I-765 that apply to all categories and there are documents to attach to Form I-765 that depend on what category you file under. USCIS lists the documents needed for each category.

General Documents

Below are the documents that should be submitted with Form I-765, regardless of what category you file under.

1. Copy of Your Travel Document

You should submit “a copy of your Form I-94, Nonimmigrant Arrival-Departure Record (front and back), a printout of your electronic Form I-94, or your passport or other travel document.” Submit the documents that you have, you are not limited to submitting one document.

2. Two Identical Passport Photos

3. Copy of Your Government-Issued ID (if applicable)

If you were not already given a work permit, “you must submit a copy of a government-issued identity document.” 

4. Copy of Your Last EAD (if applicable)

If you were already given a work permit, then you should submit a copy of that previous work permit.

5. Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (if applicable)

Submit this form if you are represented by an attorney or an accredited representative.

6. Fees

There are two possible fees that you would have to submit: (1) biometrics fee and (2) filing fee. Filing fees are not refundable even if USCIS rejects your application. Fees should not be sent in cash and should be submitted with the exact amount owed.

Biometrics Fee — The instructions state that “all applicants for an initial or renewal EAD under the (c)(8) eligibility category must submit biometrics and pay the $85 biometric services fee.”

Filing Fee — The filing fee for Form I-765 is $410. The filing fee is waived, however, if it is your first application and you are applying under the (c)(8) category. The waiver does not apply to an applicant filing under the special ABC procedures. In John’s case, his filing fee is waived.

7. Cover Letter

It is a good idea to submit a cover letter. Your cover letter should be signed and include your name, contact information, and should state why you are applying for a work permit (EAD) and list all of the documents that you are submitting to USCIS.

(C)(8) Category Documents

Below are the documents that should be submitted with the (c)(8) category, because John filed his EAD under the (c)(8) category, as shown on page three of form I-765 above.

1. G-1145, E-Notification of Application/Petition Acceptance

This form is optional. Complete this form if you want USCIS to send you an email or text notifying you when they accept the Form I-765. The G-1145 form should be attached to the front of the first application in the package.

2. “Evidence of a Lodged or Filed Form I-589 with USCIS or EOIR”

“If filed with USCIS, provide a copy of your USCIS Acknowledgment of Receipt and USCIS Asylum Interview Notice; or Form I-797C ASC Appointment Notice; any other evidence of a filed I-589;”

“If lodged with EOIR, provide a legible copy of the Form I-589 containing the Received Date stamp and Lodge/Receipt Stamp;” or

“If filed with EOIR, provide acknowledgment you received Form I-589 (such as receipt stamp) or any other available evidence.”

3. Appeal of Denied Form I-589, Application for Asylum and for Withholding of Removal (if applicable)

If an immigration judge (IJ) denied your Form I-589, you should submit “evidence of a timely appeal of the denied asylum application with the Board of Immigration Appeals (BIA).”

4. A copy of the BIA decision and order remanding your case to the IJ (if applicable)

Submit the BIA decision and order “if the BIA remanded your Form I-589 to an IJ for further adjudication of your underlying asylum claim.”

5. Evidence that your asylum claim remains under review by the IJ (if applicable)

Submit this evidence “if the BIA remanded your Form I-589 to an IJ for further adjudication of your underlying asylum claim.”

6. Federal Court’s Remand of Asylum Claim (if applicable)

“If a federal court remanded your asylum claim to the BIA for further action, and your claim is still pending with the BIA: provide a copy of the federal court’s remand order.” 

7. “Proof of arrests and convictions” (if applicable)

The instructions state that “if you do not have and cannot get a required document, you must demonstrate this and provide secondary evidence. If secondary evidence does not exist or is unavailable, you must demonstrate both the unavailability of the required document and the relevant secondary evidence and submit two or more sworn affidavits by people not named on this application who have direct knowledge of the event and circumstances.”

For Purposes of our example, since John’s asylum application is still pending with USCIS and he is filing under the (c)(8) category, John would have to submit:

1. Form G-1145;
2. Cover Letter;
3. Fees ($85 biometric)
4. A copy of his I-94,
5. A copy of his passport;
6. Two (2) identical passport photos; and
7. Evidence of his filed I-589 application for asylum.

IV. Where to Mail Form I-765

Where to file Form I-765 is partly determined by your eligibility category and what other documents you are filing with your I-765. In John’s case, he is filing Form I-765 separately from his asylum application so he may file Form I-765 at the following locations:

SCIS Dallas Lockbox

U.S. Postal Service (USPS):

USCIS
Attn: I-765
P.O. Box 650888
Dallas, TX 75265-0888

FedEx, UPS, and DHL deliveries:

USCIS
Attn: I-765
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

V. Conclusion

We have gone through what Form I-765 is, how to fill out the form, what documents to attach to the form, and where to mail form I-765. John’s case was unique to filing under the (c)(8) category, which means that the process will be slightly different when filing under a different category.

Last Updated: January 21, 2021

Word of Caution — This article is for educational purposes. Immigration forms and processes may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.