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What is the I-765?

The I-765, or the Employment Authorization Document (EAD) application or Permit Application, is a form filed by foreign nationals who wish to obtain legal permission to work in the United States. The application must be submitted to the U.S. Citizenship and Immigration Services (USCIS) along with the required filing fee, documentation, and evidence of eligibility. The I-765 Form can be filed by individuals in various immigration categories, such as Green Card holders, those who have applied for asylum, and certain temporary visa holders. Once approved, the EAD serves as a national identity document and can also be used to obtain a Social Security number. The current processing time for the I-765 varies depending on the immigration category and USCIS Service Center, and it is essential to consult with an immigration attorney or review the USCIS website for the most up-to-date information. Upon receipt of the I-765, USCIS will send a Receipt Notice confirming receipt of the application.

How long does it take to process an I-765 application?

The processing time for Form I-765, also known as the Application for Employment Authorization, varies depending on several factors. Generally, it takes about 3-6 months for USCIS to process an I-765 application. However, it's important to note that this timeframe is an estimate, and processing times may vary depending on your current immigration status, eligibility category, and the USCIS workload. If you're filing Form I-765 as part of a green card application, you can expect a longer processing time than pointing it separately. Additionally, if you're currently in the United States under a nonimmigrant status that doesn't allow for employment, it may take longer to process your application. The USCIS prioritizes I-765 applications based on several factors, including the date of filing, the eligibility category, and the USCIS workload. Some eligibility categories, such as those for refugees or asylees, may receive expedited processing. If you're concerned about the processing time for your I-765 application, you can do a few things to expedite the process. One option is to file for premium processing, which guarantees a 15-day processing time for an additional fee. However, excellent processing is only available for specific eligibility categories. It's important to note that the processing time for an I-765 application is not set in stone and may be affected by external factors, such as staffing levels and changes in immigration policy. In addition, the COVID-19 pandemic has led to longer processing times for all USCIS applications. If your I-765 application is denied, you will receive a notice explaining the reason for the denial. Depending on the basis, you may be able to appeal the decision or file a new application. To check the status of your I-765 application, you can use the USCIS online case status tool or contact the USCIS directly. Once you receive your I-765 approval notice, you can use it to prove your eligibility to work in the United States. It's important to note that you must renew your work authorization before it expires if you want to continue working legally.

How does the USCIS prioritize I-765 applications?

When processing I-765 applications, USCIS prioritizes them based on the current immigration status of the applicant. Those who have already received an approved I-485 or I-140 are prioritized more than those still waiting for approval. In addition, individuals who have applied for asylum or are in the Deferred Action for Childhood Arrivals (DACA) program are also given priority. Other factors that can affect the prioritization of I-765 applications include whether the applicant is facing financial hardship or if they have a pending job offer from a U.S. employer. USCIS also considers whether the applicant is eligible for expedited processing based on a specific category or circumstance, such as severe medical conditions or a pending lawsuit. It is important to note that even though particular types may be prioritized, it does not necessarily guarantee a faster processing time. The USCIS still processes applications on a first-come, first-served basis, so applicants may have to wait for some time before receiving a decision on their I-765 application.

What can you do to expedite the I-765 application process?

If you want to speed up the processing time for your I-765 application, there are a few things you can do:

- Make sure you submit a complete and accurate application. This includes all necessary documentation, forms, and the correct fees.

- If possible, apply for the I-765 simultaneously with your other immigration applications. This can help ensure that all your paperwork is reviewed simultaneously, speeding up the process.

- Check your immigration status to see if you are eligible for expedited processing. Specific categories of applicants, such as refugees and asylees, may qualify for faster processing.

- If you have an urgent need for employment authorization, you may be able to request expedited processing by submitting a request to the USCIS. Be sure to provide evidence of your urgent need, such as a job offer or medical emergency.

Remember that while there are steps you can take to speed up the I-765 application process, there is no guarantee that your application will be processed any faster. However, by following these tips and being proactive, you may be able to reduce the overall wait time for your employment authorization.

What happens if your I-765 application is denied?

If your I-765 application is denied, the USCIS has found that you do not meet the eligibility criteria for the requested employment authorization. In this case, you cannot legally work in the United States until you resolve the issue with the USCIS. There are several reasons why an I-765 application can be denied. For instance, if you fail to submit the required documents or information or if the USCIS finds that you do not meet the eligibility requirements for the requested category, your application may be denied. If your I-765 application is denied, you may be able to file an appeal or a motion to reopen the case. You may also be able to reapply for employment authorization by filing a new I-765 application. It's important to note that if your current immigration status does not authorize you to work in the United States, you may face severe consequences if you continue to work without employment authorization. In some cases, this could result in deportation or other legal penalties. Therefore, if your I-765 application is denied, it's essential to seek the advice of an experienced immigration attorney to help you understand your options and avoid any legal issues related to your current immigration status.

What factors can affect the processing time of the I-765?

Several factors can impact the processing time of an I-765 application. One of the main factors is the applicant's current immigration status. If an applicant has a complicated immigration history or has overstayed their visa, the application may require more scrutiny and take longer to process. Additionally, if the applicant has a criminal record or has previously been deported, this may delay the processing of their I-765 application.

Another factor affecting the processing time is the volume of applications that USCIS receives. If there is a high volume of applications, USCIS may take longer to process each. Additionally, if USCIS is experiencing staffing shortages or technical issues, this can also contribute to delays.

In some cases, USCIS may also require additional documentation or evidence from the applicant, which can add to the processing time. For example, suppose an applicant is applying for an employment authorization document (EAD). In that case, they may need to provide evidence of their job offer or proof of their eligibility to work in the United States.

Overall, several factors can impact the processing time of an I-765 application, and it's essential for applicants to be aware of these potential delays. If an applicant is concerned about the processing time of their application, they can contact USCIS or consult with an immigration attorney for guidance.

How can I check the status of my I-765?

Checking the status of your I-765 application is essential to know when to expect your Employment Authorization Document (EAD) card. There are several ways to check the status of your application:

- Online Case Status: The easiest and most convenient way to check the status of your I-765 is to use the USCIS online case status tool. All you need is your case receipt number, usually included in your application receipt notice (Form I-797). Enter the receipt number and click “check status,” and the system will provide you with the current immigration status of your application. If you prefer to check your application status over the phone, call the USCIS Contact Center at 1-800-375-5283. You will need your case receipt number to get information on the current status of your I-765 application.

If you need additional information or want to speak with a USCIS officer in person, you can schedule an appointment to visit a local USCIS office. You can find your nearest USCIS office on the USCIS website and make an appointment online or by phone. Bring your case receipt notice and other relevant documents to your work. It is essential to check the status of your I-765 regularly to ensure there are no issues or delays with your application. If you have any concerns about your application status or are experiencing unusual processing times, it may be helpful to consult with an immigration attorney.

What do I need to do once I receive my I-765?

Congratulations! Once you receive your I-765 and Employment Authorization Document (EAD), you can work in the United States. However, there are a few essential things to remember before you start your job search.

First, make sure to read your EAD carefully and verify that all of the information is correct. Check your name, date of birth, and employment eligibility category. Contact the USCIS immediately to request a correction if there are any errors or discrepancies. Next, it's essential to understand that your EAD is only valid for a limited period. The expiration date is printed on the card, so make a note of it and plan accordingly. It's also important to remember that your EAD does not change your current immigration status. If you are in the United States on a nonimmigrant visa, such as an F-1 student visa or H-1B work visa, your EAD does not change the terms of that visa. You are still subject to the conditions and restrictions of your current immigration status. If you are in the United States without legal immigration status, your EAD does not change that fact. It allows you to work legally in the United States while waiting for a decision on your immigration case. It's essential to consult with an immigration attorney to understand your options for changing your immigration status and obtaining a green card.

Frequently Asked Questions

Form I-765, also known as the Application for Employment Authorization, is a document specific individuals in the United States use to request permission to work legally. It is typically filed by non-U.S. citizens eligible for employment authorization under specific visa categories or immigration statuses.

The processing time for Form I-765 can vary depending on various factors, such as the volume of applications received by the United States Citizenship and Immigration Services (USCIS), the current workload, and any additional processing requirements. USCIS provides estimated processing times on its website, which can give you an idea of how long it may take.

You can check the estimated processing time for Form I-765 on the USCIS website. Visit the USCIS "Check Processing Times" page, select the form you are inquiring about (Form I-765), and choose the USCIS service center or field office handling your application. The website will then display the current processing time range.

Yes, USCIS offers an opportunity called "expedited processing" for specific situations. Expedited processing is available for Form I-765 if you can demonstrate a severe financial loss, an urgent humanitarian crisis, or a compelling reason based on USCIS criteria. You must submit a request and supporting evidence to justify the need for expedited processing.

Yes, in many cases, you can submit Form I-765 concurrently with other applications, such as Form I-485 (Application to Register Permanent Residence or Adjust Status) or Form I-539 (Application to Extend/Change Nonimmigrant Status). This allows you to request employment authorization while your other application is pending.
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