Form I-765 Made Simple: A Complete Guide To Work Permits 

Whether you are a student seeking practical experience, a visa holder’s spouse looking to support the family financially, or someone awaiting a permanent residence decision, Form I-765 is key to gaining the right to work in the U.S.

In this blog, we’ll cover Form I-765, including who qualifies, the application process, costs, processing times, and answers to common questions.

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

View Brad's Bio

Bradford H. Bernstein

What Is Form I-765?

Form I-765, Application for Employment Authorization, is a document filed by a foreign national with the U.S. Citizenship and Immigration Services (USCIS) to receive permission to work in the United States.

Upon approval of Form I-765 by USCIS, the Applicant or Beneficiary receives an Employment Authorization document (EAD), also known as a work permit.

A work permit shows employers that you have the right to work in the U.S. Without it, you are not allowed to work in the country.

EADs are typically valid for one or two years, depending on your eligibility category and immigration status.

Who Can File I-765?

Form I-765 can be filed by individuals who meet specific eligibility criteria based on their immigration status or circumstances such as:

• Students on F-1 or M-1 visas: They can request employment authorization for Optional Practical Training (OPT), Curricular Practical Training (CPT), or due to severe economic hardship.
• Adjustment of status applicants: They can apply for permission to work in the U.S. while awaiting a decision on their Green Card application.
• Dependents of visa holders: Spouses, unmarried children under 21, or other dependents of certain visa holders, such as L-2, E-2, or H-4, can request permission to work in the U.S. while accompanying the primary beneficiary (check out our guide about principal applicants vs. derivative applicants).
• Asylees, refugees, and asylum seekers: People who have been granted asylum, refugee status, or who have applied for asylum also have the right to apply for work authorization.
• Temporary Protected Status (TPS) recipients: These include individuals of certain countries, experiencing conditions that temporarily prevent their safe return, such as armed conflict, environmental disasters, or other extraordinary situations.
• Other eligible noncitizens: These include individuals under specific programs like Deferred Action for Childhood Arrivals (DACA) or specific humanitarian or employment-based categories.

Form I-765: The Process

Applying for a work permit includes several steps.

1. Confirm Eligibility

Check Form I-765 instructions to make sure you meet the eligibility criteria. If you have doubts, talk to a trusted and experienced immigration lawyer.

2. Find The Form

Visit the All Forms section on the USCIS website and download Form I-765.

3. Complete The Form

Fill out all required sections of Form I-765, providing truthful and complete information.

4. Gather Supporting Documents

Collect required documents — these can include:

• Copies of your current immigration status
• Prior EAD
• Passport photos
• Evidence supporting your eligibility category

5. Pay The Filing Fee

Check the filing fee that applies to your eligibility category.

Pay with:

• A money order
• A personal check
• A cashier’s check
• A credit or debit card, authorizing your transaction by filing Form G-1450

If you are filing multiple forms, be sure to pay each filing fee separately.

Submitting a single payment for multiple forms may result in the denial of your entire application package.

6. Submit The Application

Some categories allow you to submit Form I-765 electronically through the USCIS online portal, while others may still require paper submission.

If you’re submitting a paper application, be sure to mail it to the correct address, which varies based on your category.

7. Attend A Biometrics Appointment

If required, attend the biometrics appointment. USCIS will send you a notice with the date, time, and location of your appointment.

During it, USCIS will collect your fingerprints, photograph, and signature to verify your identity and conduct a background check.

8. Monitor Application Status

Regularly log in to your account or visit the USCIS website to track your case progress using the USCIS online case status tool.

Additionally, you can sign up for case status notifications via email or text to ensure you receive real-time updates on your application.

9. Receive Decision

Wait for the USCIS decision on your application.

• If approved, you will receive your work permit by mail.
• If denied, talk to an immigration attorney to understand what you can do next.

Form I-765: Cost

The cost for Form I-765 depends on the category under which you are filing:

• The general filing fee for paper applications is $520. For online applications, the cost is $470.
• If you have a pending Form I-485 filed on or after April 1, 2024, and you have paid for it, the fee for both paper and online submission is $260.
• If you have a pending Form I-485 filed on or after July 30, 2007, and before April 1, 2024 (for which you have paid), there is no fee.
• If you have a pending Form I-589, Application for Asylum and for Withholding of Removal, and are filing under special ABC procedures, the fee is $520 for paper filing and $470 for online applications.
• If your Form I-589 is pending and you are not filing under special ABC procedures, there is no fee.

Some categories need to pay an additional $85 for biometrics, such as DACA petitioners and dependents of beneficiaries with approved employment-based petitions.

Not sure what fee you need to pay? Contact our experienced attorneys at Spar & Bernstein — we have the latest information and can help with the I-765 process.

Form I-765: Processing Time

The processing time for Form I-765 varies depending on factors such as:

• The category under which you are applying
• The field office or service center handling your petition

Typically, the time range is between two and six months.

To gauge your situation, use USCIS processing time tool.

Need Help With Form I-765? Schedule A Consultation

With over 60 years of experience and an impressive portfolio of success stories, The Law Offices of Spar & Bernstein are dedicated to helping people like you achieve their dream of living and working in the U.S.

We handle various immigration forms, including Form I-765, and provide personalized guidance for your unique situation.

Whether you’re seeking a work permit, adjusting your status, or exploring other immigration options, our skilled attorneys will ensure you receive professional and compassionate support throughout every step of your immigration journey.

We will gather the required documents, help you complete and file your application or petition, update you on your case status, and address any potential challenges that may arise.

We stay up-to-date with ever-changing immigration policies to help you take the next step toward your future in the United States.

Form I-765: FAQs

If you have additional concerns about filing Form I-765, here are answers to some frequently asked questions.

Can I work while awaiting my EAD?

No, you must have an approved EAD before starting work, unless your status allows employment authorization otherwise.

Do I need to renew my work permit?

Yes, if your EAD is expiring and you are still eligible, you must file for renewal before the expiration date.

What happens if my Form I-765 is denied?

If your Form I-765 is denied, USCIS will provide a written explanation outlining the reasons for their decision. You may have the option to file a motion to reopen or reconsider, or reapply if your eligibility changes. Contact our knowledgeable team at Spar & Bernstein to explore your options.

Do I need to notify USCIS if I change my address after filing Form I-765?

Yes, you must notify USCIS within 10 days of moving to a new address to ensure you receive all correspondence related to your application.

What should I do if I lose my work permit?

If your EAD is lost, stolen, or damaged, you must file Form I-765 again and pay the required fee for the replacement.

Can I work multiple jobs with my EAD?

Yes, the work permit gives you the right to work for any employer in the U.S. as long as your authorization is valid and there are no specific restrictions.

Can I travel outside the U.S. while waiting for a decision on my Form I-765?

Yes, you can travel, but it may affect your application depending on your immigration status. Be sure to discuss your travel plans or consult our experienced attorneys at Spar & Bernstein to be sure it would not adversely affect your pending case.

Can I expedite my Form I-765 application?

Yes, you can request expedited processing for Form I-765. However, you should know that USCIS grants these requests under specific conditions, such as financial hardship or humanitarian reasons.