TABLE OF CHANGES INSTRUCTIONS Form I-765, Application For .

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TABLE OF CHANGES – INSTRUCTIONSForm I-765, Application for Employment AuthorizationOMB Number: 1615-004008/18/2017Reason for Revision: Comprehensive revisionLegend for Proposed Text: Black font Current text Purple font Standard language Red font ChangesCurrent Page Numberand SectionPage 1, What Is thePurpose of This Form?Current TextProposed Text[Page 1][Page 1]What Is the Purpose of This Form?What Is the Purpose of Form I-765?Certain aliens who are temporarily in theUnited States may file Form I-765,Application for Employment Authorization,to request an Employment AuthorizationDocument (EAD). Other aliens who areauthorized to work in the United Stateswithout restrictions must also use this formto apply to U.S. Citizenship andImmigration Services (USCIS) for adocument that shows such authorization.Review Eligibility Categories to determinewhether you should use this form.Certain foreign nationals who are in theUnited States may file Form I-765,Application for Employment Authorization,to request employment authorization and anEmployment Authorization Document(EAD). Other foreign nationals whoseimmigration status authorizes them to workin the United States without restrictionsmay also use Form I-765 to apply to U.S.Citizenship and Immigration Services(USCIS) for an EAD that shows suchauthorization. Review the Who May FileForm I-765 section of these Instructions todetermine whether you should use Form I765.Foreign nationals may also apply for aSocial Security number and card on FormI-765 following the guidelines in theSpecific Instructions section of theseInstructions, Item Numbers 9.a. - 13.b.If you are a lawful permanent resident, aconditional resident, or a nonimmigrantauthorized to be employed with a specificemployer under 8 CFR 274a.12(b), do notuse this form.If you are a lawful permanent resident, aconditional permanent resident, or anonimmigrant only authorized foremployment with a specific employerunder 8 CFR 274a.12(b), do not use thisForm I-765.DefinitionsDefinitionsEmployment Authorization DocumentEmployment Authorization Document1AILA Doc. No 17101760.(Posted 10/17/17)

(EAD): Form I-688, Form I-688A, Form I688B, Form I-766, or any successordocument issued by USCIS as evidencethat the holder is authorized to work in theUnited States.(EAD): The EAD is the card (also knownas Form I-688A, Form I-688B, Form I-766,or any successor document) issued asevidence that the holder is authorized towork in the United States.Renewal EAD: An EAD issued to aneligible applicant upon the expiration of aprevious EAD issued under the samecategory.Renewal EAD: An EAD issued to aneligible applicant after the expiration of aprevious EAD issued under the samecategory.Replacement EAD: An EAD issued to aneligible applicant when the previouslyissued EAD has been lost, stolen,mutilated, or contains erroneousinformation, such as a misspelled name.Replacement EAD: An EAD issued to aneligible applicant when the previouslyissued EAD was lost, stolen, or damaged,or contains errors, such as a misspelledname.Page 1-11, Who May File [Page 1]Form I-765?[Page 1]Who May File Form I-765?Who May File Form I-765?USCIS adjudicates a request foremployment authorization by determiningwhether an applicant has submitted therequired information and documentation,and whether the applicant is eligible. Inorder to determine your eligibility, youmust identify the category in which you areeligible and fill in that category in ItemNumber 20. on Form I-765. Enter onlyone of the following category numbers onthe application form. For example, if youare a refugee applying for an EAD, type orprint “(a)(3)” at Item Number 20.You may file Form I-765 if you fall withinone of the eligibility categories below. Forsome categories, employment authorizationis granted with your underlyingimmigration status (called “incident tostatus” employment authorization). Forexample, asylees and refugees haveemployment authorization as soon as theyobtain such status. In these cases, yourEAD is issued upon approval of your FormI-765, and the EAD is evidence of youremployment authorization. For othercategories such as parolees or individualswith deferred action, USCIS must firstapprove your Form I-765 before you areeligible to accept employment in the UnitedStates. Once your Form I-765 is approved,USCIS will issue your EAD. You musttype or print your eligibility category inItem Number 27. on Form I-765. Enteronly one category number on theapplication. For example, if you are arefugee applying for an EAD, type or print“(a)(3)” in Item Number 27.Please note that a person with a pendingapplication for an immigration benefit orrequest might have a different categorynumber than the person who wasalready granted the benefit or request.For example certain pending asylumapplicants are category “(c)(8),” but aperson already granted asylum iscategory “(a)(5).”2AILA Doc. No 17101760.(Posted 10/17/17)

For easier reference, the categories aresubdivided as follows:[Deleted]PageAsylee/Refugee and Their Spouses andChildren, 2Nationality Categories, 2Foreign Students, 3Eligible Dependents of Employees ofDiplomatic Missions, InternationalOrganization, or NATO, 3Employment-Based Nonimmigrants, 4Family-Based Nonimmigrants, 9Adjustment-of-Status Categories, 10Other Categories, 10[Page 2]1. Asylee/Refugee Categories (and theirSpouse and Children)Asylee/Refugee Categories (and theirSpouses and Children)A. Refugee--(a)(3). File Form I-765 witheither a copy of your Form I-590,Registration for Classification as Refugee,approval letter, or a copy of a Form I-730,Refugee/Asylee Relative Petition, approvalnotice.1. Refugee--(a)(3). If an initial Form I765 was not already prepared for youbefore your arrival as a refugee in theUnited States, or if you are requesting torenew your EAD, file Form I-765 with acopy of one of the following: your stampedForm I-94, Arrival-Departure Record; yourFinal Notice of Eligibility for Resettlement(approval letter); or your Form I-797Notice approving your derivative refugeestatus based on a Form I-730,Refugee/Asylee Relative Petition (ifapproved while in the United States).NOTE: If you were admitted as a refugeeand have applied under INA 209 to adjustto lawful permanent resident status usingForm I-485, Application to RegisterPermanent Residence or Adjust Status, fileForm I-765 under category (a)(3) as arefugee. Do not file Form I-765 undereligibility category (c)(9) as an INA 245adjustment applicant.[Page 2]B. Paroled as a Refugee--(a)(4). FileForm I-765 with a copy of your Form I-94,Arrival-Departure Record.3AILA Doc. No 17101760.2. Paroled as a Refugee--(a)(4). FileForm I-765 with a copy of your Form I-94,passport, or travel document. Cuban,(Posted 10/17/17)

Commonwealth of the Northern MarianaIslands (CNMI), and other humanitarian orsignificant public benefit parolees shouldfile under the category (c)(11), not as arefugee under (a)(4).C. Asylee (Granted Asylum)--(a)(5). FileForm I-765 with a copy of the USCISletter, or judge’s decision, granting youasylum. It is not necessary to apply for anEAD as an asylee until 90 days before theexpiration of your current EAD.3. Asylee (Granted Asylum)--(a)(5). FileForm I-765 with a copy of one of thefollowing: your stamped Form I-94; aUSCIS Asylum approval letter; an ordergranting asylum signed by an ExecutiveOffice for Immigration Review (EOIR)immigration judge (IJ); or a Form I-797Notice approving your derivative asyleestatus based on a Form I-730 (if approvedwhile in the United States).NOTE: If you are an asylee and haveapplied under INA 209 to adjust to lawfulpermanent resident status using Form I485, file Form I-765 under category (a)(5)as an asylee. Do not file Form I-765 undereligibility category (c)(9) as an INA 245adjustment applicant.4. Granted Withholding of Deportationor Removal--(a)(10). File Form I-765with a copy of the EOIR IJ’s signed ordergranting withholding of deportation orremoval.D. Asylum Applicant (With a PendingAsylum Application) Who Filed forAsylum on or After January 4, 1995-(c)(8). For specific instructions forapplicants with pending asylum claims, seethe Special Filing Instructions for Thosewith Pending Asylum Applications((c)(8)) section.5. Pending Asylum and Withholding ofRemoval Applicants and Applicants forPending Asylum under the ABCSettlement Agreement--(c)(8). If youhave a pending Form I-589, Application forAsylum and for Withholding of Removal,see the Special Filing Instructions forThose With Pending AsylumApplications--(c)(8) section of theseInstructions.2. Nationality CategoriesNationality CategoriesA. Citizen of Micronesia, the MarshallIslands, or Palau--(a)(8). File Form I-765if you were admitted to the United States asa citizen of the Federated States ofMicronesia (CFA/FSM), the MarshallIslands (CFA/MIS), or Palau underagreements between the United States andthe former trust territories.1. Citizen of Micronesia, the MarshallIslands, or Palau--(a)(8). File Form I-765with evidence you were admitted to theUnited States as a citizen of the FederatedStates of Micronesia (CFA/FSM), theMarshall Islands (CFA/MIS), or Palauunder agreements between the UnitedStates and the former trust territories.B. Deferred Enforced Departure2. Deferred Enforced Departure (DED)-4AILA Doc. No 17101760.(Posted 10/17/17)

(DED)/Extended Voluntary Departure-(a)(11). File Form I-765 with evidence ofyour identity and nationality.-(a)(11). File Form I-765 with evidence ofyour identity and nationality. You shouldalso state your basis for claiming that youare covered by DED and provide evidence(if available) for your claim, such as a copyof any relevant presidential or Departmentof Homeland Security (DHS) directive forDED.C. Temporary Protected Status (TPS)-(a)(12) and (c)(19). A category (a)(12)EAD is issued to an individual granted TPSunder 8 CFR 244. A category (c)(19) EADis a temporary treatment benefit under TPSpursuant to 8 CFR 244.5.3. Temporary Protected Status (TPS)-(a)(12) and (c)(19). File Form I-765 withyour Form I-821, Application forTemporary Protected Status, or evidencethat we accepted or approved your initialForm I-821 if you are requestingemployment authorization documentation.Include evidence of your nationality andidentity as required by the Form I-821Instructions. If an EOIR IJ or the Board ofImmigration Appeals (BIA) granted TPS,and you are requesting your first EAD orare re-registering for the first time, youmust submit a copy of the EOIR IJ or BIAorder that granted TPS with your Form I765 (such as a copy of your Form I-821that the EOIR IJ or BIA approved). Youmust also follow the instructions for filingyour application as described in the mostrecent TPS Federal Register noticeregarding a TPS designation, redesignation, or extension for your country.Please check the USCIS website atwww.uscis.gov/tps for procedures aboutregistering or re-registering for TPS,including obtaining an EAD, if yourcountry has been designated for TPS.To request an EAD based on TPS, fileForm I-765 with Form I-821, or withevidence that your initial Form I-821 wasaccepted or approved.Include evidence of nationality and identityas required by the Form I-821 instructions.If you are requesting extension of TPSstatus, also include a copy (front and back)of your last available TPS document: EAD,Form I-94, or approval notice.To register for TPS, you must file a Form I765 with Form I-821, Application forTemporary Protected Status, for eachapplicant, regardless of age, even if you arenot requesting employment authorization.No fee is required for Form I-765 filed aspart of TPS registration. (Form I-821 hasseparate fee requirements.)If you have been granted TPS by animmigration judge (IJ) or the Board ofImmigration Appeals (BIA) and arerequesting your first EAD, you must submitevidence of your IJ or BIA grant of TPSwith your application for an EAD alongwith a copy of your Form I-821 applicationthat the IJ or BIA approved. You must alsofollow the instructions for filing yourapplication as described in the most recentTPS Federal Register notice regarding aTPS designation or extension for yourcountry. As further instructed in thosenotices, once you receive your Form I-797application receipt notice, you must alsosend an email to tpsijgrant.vsc@dhs.govwith the following information: Yourname; your A number; your date of birth;the receipt number for your application;5AILA Doc. No 17101760.If your non-expired TPS EAD is lost,stolen, or damaged, file Form I-765 withproper fees to request a replacement.Include a copy of your approval notice forTPS (if you have been approved) or a copyof your previous Form I-797 Notice forForm I-821 if your TPS application is stillpending.A. Category (a)(12) EAD: We may issueyou a category (a)(12) EAD if your TPSapplication was approved, you requested anEAD, and you were not previously issued acategory (c)(19) EAD that runs through thecurrent TPS designation, re-designation, orextension period for your country.Re-registration for TPS: File your Form(Posted 10/17/17)

and the date you were granted TPS.I-765, Form I-821, and a letter indicatingthat this application is for TPS reregistration. Include a copy (front andback) of your last available TPS document(for example, an EAD, Form I-94, passportor travel document, or Form I-797 Notice).NOTE: To re-register for TPS, you mustfile Form I-821; however, you do not needto file Form I-765 if you do not want anEAD.[Page 3]B. Category (c)(19) EAD: A category(c)(19) EAD is a temporary benefit underTPS under 8 CFR Part 244. We may issueyou a category (c)(19) EAD if you have apending Form I-821, if we have not made afinal decision on your Form I-821, and youare prima facie eligible for TPS.D. NACARA Section 203 ApplicantsWho Are Eligible to Apply for NACARARelief With USCIS--(c)(10). See theinstructions to Form I-881, Application forSuspension of Deportation or Special RuleCancellation of Removal, to determine ifyou are eligible to apply to USCIS forNACARA 203 relief.4. Nicaraguan Adjustment and CentralAmerican Relief Act (NACARA) Section203 Applicants Who Are Eligible toApply for NACARA Relief With USCIS-(c)(10). See the Instructions to Form I881, Application for Suspension ofDeportation or Special Rule Cancellation ofRemoval (Pursuant to Section 203 of PublicLaw 105-100 (NACARA)), to determine ifyou are eligible to apply for NACARA 203relief.If you are eligible, you may file a Form I765 with the Form I-881. See Instructionsto Form I-881 for filing location. If youfile the Form I-765 separately from theForm I-881, see the Where to File sectionof these Instructions. Your response toItem Number 20. on the Form I-765 mustbe “(c)(10).”If you are eligible to apply for NACARA203 relief with USCIS, you may file FormI-765 together with your Form I-881. Seeour website at www.uscis.gov/I-881 for themost current information on where to fileForm I-881. If you are eligible to file FormI-881 with EOIR, or if you have alreadyfiled Form I-881 with USCIS or EOIR, seethe Where To File section of theseInstructions.If you are filing for an EAD related to yourNACARA application, you may be eligiblefor a fee waiver under 8 CFR103.7(c)(3)(xi).E. Dependent of TECRO E-1Nonimmigrant--(c)(2). File Form I-765with the required certification from the6AILA Doc. No 17101760.5. Dependent of TECRO E-1Nonimmigrant--(c)(2). File Form I-765with the required certification from the(Posted 10/17/17)

American Institute in Taiwan if you are thespouse or unmarried dependent son ordaughter of an E-1 employee of the TaipeiEconomic and Cultural RepresentativeOffice.American Institute in Taiwan if you are thespouse or unmarried dependent son ordaughter of an E-1 employee of the TaipeiEconomic and Cultural RepresentativeOffice.[Page 3]3. Foreign StudentsForeign Students CategoriesA. F-1 Student Seeking OptionalPractical Training (OPT) in anOccupation Directly Related to Studies:(c)(3)(A)--Pre-completion OptionalPractical Training; (c)(3)(B)--Postcompletion Optional Practical Training;(c)(3)(C)--24-month Extension for STEM(Students With a Degree in Science,Technology, Engineering, orMathematics) Optional PracticalTraining. File Form I-765 with aCertificate of Eligibility of Nonimmigrant(F-1) Student Status (Form I-20 A-B/I-20ID) timely endorsed by a DesignatedSchool Official (DSO) (DSO’srecommendation within the past 30 days forPost-Completion OPT and 60 days for the24-month STEM OPT extension). If youare requesting a 24-month STEM OPTextension under the eligibility code(c)(3)(C), you must submit a copy of yourdegree and the employer’s name as listed inE-Verify, along with the E-VerifyCompany Identification Number, or a validE-Verify Client Company IdentificationNumber for the employer with whom youare seeking the 24-month OPT extension.You must provide this information in ItemNumber 21. of the form.1. F-1 Student Seeking OptionalPractical Training (OPT) in a PositionDirectly Related to Major Area of StudyA. Pre-Completion OPT--(c)(3)(A). FileForm I-765 up to 90 days before beingenrolled for one full academic year,provided that the period of employmentwill not start before you have completedone full academic year. The one fullacademic year need not necessarily havebeen completed while you were in F-1status; if you completed the one-yearrequirement while in a valid nonimmigrantstatus and you are now in valid F-1 status,you are eligible to apply for OPT. Includeevidence of having been lawfully enrolledon a full-time basis for one full academicyear at a college, university, conservatory,or seminary approved by the U.S.Immigration and Customs Enforcement(ICE) Student and Exchange VisitorProgram (SEVP) for attendance by F-1foreign students. Also, include allpreviously used Student and ExchangeVisitor Information System (SEVIS)numbers and evidence of any previouslyauthorized curricular practical training(CPT) or OPT and academic level at whichit was authorized. You must include aCertificate of Eligibility of Nonimmigrant(F-1) Student Status (Form I-20) endorsedby the Designated School Official (DSO)before filing Form I-765.B. Post-Completion OPT--(c)(3)(B). FileForm I-765 up to 90 days before, but nolater than 60 days after, your program enddate. Include all previously used SEVISnumbers and evidence of any previouslyauthorized CPT or OPT and the academiclevel at which it was authorized. You mustinclude a Form I-20 endorsed by the DSO7AILA Doc. No 17101760.(Posted 10/17/17)

within 30 days before filing Form I-765.NOTE: You must file your Form I-765within 30 days of the date that your DSOenters the recommendation for OPT intoyour SEVIS record. If you fail to do so, wewill deny your OPT request.C. 24-Month Extension for STEMStudents (Students With a Degree inScience, Technology, Engineering, orMathematics)--(c)(3)(C). File Form I-765up to 90 days before the expiration of yourcurrent OPT, but no later than 60 days afteryour program is complete, if you arerequesting a 24-month STEM extension.Include evidence the degree that is the basisfor the current OPT is in one of the degreeprograms currently listed on the STEMDesignated Degree Program List.Additionally, submit the employer’s nameas listed in E-Verify, along with the EVerify Company Identification Number, ora valid E-Verify Client CompanyIdentification Number for the employerwith whom you are seeking the 24-monthSTEM OPT extension. You must providethis information in Item Numbers 28.a. 28.c. of Form I-765. You must include aForm I-20A-B or Form I-20D endorsed bythe DSO within 60 days before filing FormI-765.NOTE: If you are applying for a STEMOPT extension based on a previouslyearned STEM degree, you must alsoinclude a copy of your prior STEM degreeand evidence that the institution is currentlyaccredited by the U.S. Department ofEducation and certified by the SEVP.[Page 4]B. F-1 Student Offered Off-CampusEmployment Under the Sponsorship of aQualifying International Organization-(c)(3)(ii). File Form I-765 with theinternational organization’s letter ofce

(approval letter); or your Form I-797 Notice approving your derivative refugee status based on a Form I-730, Refugee/Asylee Relative Petition (if approved while in the United States). NOTE: If you were admitted as a refugee and have applied under INA 209 to adjust to lawful permanent resident status using Form I-485, Application to Register Permanent Residence or Adjust Status, file Form I-765 .

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