What Is Form I-765?
Form I-765, officially known as the Application for Employment Authorization, is a U.S. Citizenship and Immigration Services (USCIS) form used by certain foreign nationals to request permission to work in the United States15. This application is a critical component of regulatory compliance for individuals seeking to legally earn income and contribute to the U.S. economy. When approved, Form I-765 results in the issuance of an Employment Authorization Document (EAD), commonly referred to as a work permit, which serves as tangible proof of an individual's work authorization. Individuals applying for an EAD via Form I-765 must meet specific eligibility criteria based on their immigration status or circumstances14.
History and Origin
The requirement for foreign nationals to obtain explicit authorization to work in the United States is rooted in various immigration laws and acts designed to regulate entry and employment. While specific forms and processes have evolved, the concept of a "work permit" or employment authorization for non-citizens has been a part of U.S. immigration policy for many decades. The Immigration Reform and Control Act (IRCA) of 1986 significantly reshaped immigration law by, among other things, imposing sanctions on employers who knowingly hire unauthorized workers and requiring all employers to verify the employment eligibility of their employees. This framework underscored the importance of official documentation, like the EAD issued through Form I-765, to prove an individual's legal right to work. Policies regarding work authorization continue to be adapted, as evidenced by recent increases in automatic EAD extension periods for certain visa holders13. The influx of immigrants, many of whom seek work authorization, has been noted to significantly boost U.S. job growth and economic output in recent years12.
Key Takeaways
- Form I-765 is the application for an Employment Authorization Document (EAD), or work permit, in the United States.
- It is required for many foreign national individuals who wish to work legally in the U.S.
- Eligibility for Form I-765 depends on various immigration categories, including those with pending green card or asylum applications.
- An approved Form I-765 is crucial for obtaining a Social Security number and for fulfilling income taxes obligations through legal employment.
- Processing times for Form I-765 can vary significantly based on the applicant's category and USCIS workload11.
Interpreting the Form I-765
Form I-765 itself is an application, not a document that grants work authorization directly. Its successful interpretation means understanding eligibility criteria and accurately completing all required sections to facilitate USCIS's review. The form collects essential personal information, immigration details, and the specific eligibility category under which the applicant is seeking employment eligibility. For instance, an individual with a pending application for permanent residency may be eligible to apply for an EAD while their primary application is processed. Similarly, individuals granted refugee status or asylum generally have work authorization incident to their status but may still apply for an EAD as proof. Correctly identifying one's eligibility category on Form I-765 is paramount for a successful application.
Hypothetical Example
Consider an individual, Maria, who entered the U.S. on a non-immigrant visa and later applied for adjustment of status to become a lawful permanent resident. While her green card application (Form I-485) is pending, she wishes to work legally to support herself and her family. To do this, Maria must file Form I-765, Application for Employment Authorization, with USCIS.
She completes the form, providing her personal details, her Alien Registration Number (if applicable), and selecting the appropriate eligibility category for individuals with a pending adjustment of status application. She also includes the required supporting documents, such as copies of her passport, visa, and the receipt notice for her I-485 application. If approved, USCIS will issue her an Employment Authorization Document (EAD), allowing her to seek and accept employment in the U.S. while she awaits a decision on her permanent residency application. This EAD facilitates her ability to engage in financial planning and contribute to her human capital.
Practical Applications
The practical applications of Form I-765 extend across various aspects of an individual's life in the U.S. and have broader economic implications. For many non-citizens, an approved Form I-765 and the resulting EAD are the gateways to legal employment, enabling them to earn wages, pay income taxes, and support their families. This authorization allows individuals to enter the U.S. workforce, contributing to the labor supply and overall economic productivity. For example, studies have shown that obtaining work authorization can lead to improved earnings and economic stability for individuals, as well as increased consumer spending and local job creation.
Employers also rely on the EAD to verify a candidate's legal right to work in the U.S., a requirement mandated by federal law. Without proper work authorization confirmed through documents like the EAD, employers face penalties. Therefore, Form I-765 plays a crucial role in maintaining compliance with immigration and labor laws for both individuals and businesses. The U.S. immigration surge has boosted job growth and economic output, highlighting the broader economic impact of policies related to work authorization10.
Limitations and Criticisms
While Form I-765 provides a vital pathway to legal employment for many, it comes with certain limitations and faces criticisms. One significant limitation is the variable and often lengthy processing times, which can leave applicants in limbo for months or even over a year, impacting their ability to secure or maintain employment9. These delays can cause considerable financial hardship and uncertainty for individuals and their families. USCIS processing times are affected by factors such as the volume of applications and resource allocation8.
Another point of criticism revolves around the temporary nature of many EADs. For some categories, the EAD may be valid for only one year, requiring frequent renewals through a new Form I-765 application, which again entails fees and potential delays. This creates ongoing administrative burdens and can hinder long-term career planning and financial stability. Furthermore, eligibility for the Form I-765 is tied to specific and often complex immigration categories, meaning not all foreign nationals are eligible to apply for an EAD, regardless of their desire to work and contribute.
Form I-765 vs. Employment Authorization Document (EAD)
Form I-765 and the Employment Authorization Document (EAD) are frequently mentioned together, leading to occasional confusion, but they represent distinct components of the U.S. work authorization process.
| Feature | Form I-765 (Application for Employment Authorization) | Employment Authorization Document (EAD) |
|---|---|---|
| Nature | The physical application form submitted to USCIS. | The actual card (Form I-766) issued by USCIS upon approval of Form I-765. |
| Purpose | To formally request permission to accept employment in the U.S. | To serve as tangible proof of an individual's work authorization. |
| Outcome | If approved, leads to the issuance of an EAD. | Allows the holder to legally work in the U.S. |
| Interchangeable | No, one is the request, the other is the document granting authorization. | No, the EAD is the result of the approved Form I-765. |
In essence, Form I-765 is the "how-to-get-it" for the Employment Authorization Document7, which is the "what-you-get." An individual must first file Form I-765 to obtain an EAD. The EAD is the physical card that employers use to verify an individual's work authorization during the Form I-9 process.
FAQs
Who needs to file Form I-765?
Generally, foreign national individuals in the U.S. who wish to work legally but are not authorized to work incident to their specific visa status (like certain non-immigrant visa holders or those with pending green card or asylum applications) need to file Form I-7656. U.S. citizens and lawful permanent residents do not need to file this form as their immigration status already grants them work authorization.
How long does it take to process Form I-765?
Processing times for Form I-765 vary significantly based on the applicant's eligibility category and the specific USCIS service center handling the application5. It is essential to check the official USCIS website's Case Processing Times tool for the most current estimates4. Delays can occur due to various factors, including high application volumes and incomplete submissions.
Can I work while my Form I-765 is pending?
Generally, no. You must wait until your Form I-765 is approved and you receive your Employment Authorization Document (EAD) before you can legally begin working, unless you have another existing work authorization that permits employment3. Working without proper authorization can have serious immigration consequences.
What documents are typically required when filing Form I-765?
The specific documents required with Form I-765 can vary based on your eligibility category. Common requirements include copies of your passport, visa, I-94 arrival/departure record, previous EADs (if renewing), and documentation supporting your eligibility category (e.g., a pending Form I-485 receipt notice for adjustment of status applicants)2. It is crucial to refer to the official USCIS instructions for Form I-765 for a complete and accurate list of required evidence1.