Why would work authorization be denied?

Eligibility Issues: If an applicant does not meet the specific eligibility requirements to file Form I-765, such as being in a valid non-immigrant status or having valid grounds for employment authorization , their application will likely be denied.

How do I know if my employment authorization is approved?

Online Inquiry: If you filed your application online, check the status on the USCIS website using the receipt number provided to you . If the status says “approved”, then your permit is ready!

What is the fastest way to get work authorization?

Ask the USCIS handling your work permit application for an expedited processing request receipt notice . Include the file number, the sponsor's name and the immigration applicant's name, date of birth and any other identifying information.

Can I reapply for an I-765 if denied?

There is no appeal from a denial of a Form I-765 . However, an applicant may submit a motion to reopen or reconsider. Furthermore, denial of Form I-765 does not preclude the applicant from filing again if eligibility for employment authorization can be established.

What happens if I-765 is denied?

If your work permit application has been denied, you can't simply resubmit another Form I-765 for review unless some aspect of your eligibility has changed . There are complicated laws around what makes someone eligible for employment authorization, so you should not go down this path alone.

What happens if your EAD is denied?

If you are denied, then USCIS has determined you are no longer eligible for EAD .) First you should challenge the decision by having good attorney and normally you have 30 days to appeal. Your employer is wrong, you must end your employment as you no longer have permission to work in the USA.

Can a work permit application be rejected?

But don't give up just yet! Work permit refusals are not uncommon , and often, there are reasons for the decision that can be addressed to increase your chances of success. If your work permit application is refused, it's essential to understand the specific reasons why and address any issues before reapplying.

How do employers verify work authorization?

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and noncitizens.

How do you qualify for employment authorization?

If you are in the U.S. and you are applying for a family-based green card, have a K-1 fiancé visa, or are the spouse of a H-1B visa holder , then you may be able to apply for a work permit (Form I-766) so you can work while you are in the U.S.. Students who are studying in the U.S. with a F-1 student visa may also wish ...

Can USCIS deny a work permit?

If you submit Form I-765 online to apply for an EAD, and you are not filing under an eligible category, USCIS may deny your application without refunding the fee . To learn which employment authorization categories allow for online filing, visit the Forms Available to File Online page.

Application for Employment Authorization (2024)

ALERT: On Jan. 30, 2024, USCIS announced afinal rule, published in theFederal Register, that adjusts the fees required for most immigration applications and petitions. The new fees will be effective April 1, 2024.

Applications and petitions postmarked on or after April 1, 2024, must include the new fees or USCIS will not accept them.

What to Know About Sending Us Your Form

The new filing fee is effective for filings postmarked April 1, 2024, and later. If you are filing an acceptable prior form edition on or after April 1, 2024, you must include the new filing fee.

ALERT: We have updated the filing address to request a replacement Employment Authorization Document (EAD) that contains a mistake due to USCIS error. Please follow the instructions listed on theDirect Filing Addresses for Form I-765 webpage for card replacements due to USCIS error.

ALERT: You are likely eligible to apply for an employment authorization document (EAD) to legally work in the United States if:

You were recently paroled into the United States and that parole remains valid; or
You have applied for asylum and that application has been pending for at least 150 days.

If you have not already started the EAD application process, you can begin here by creating a USCIS account online and filing Form-I-765. USCIS will mail your work permit to the address you provided in your application if your application is approved.If necessary, you can file a paper application for Form I-765 instead.

Alert: To improve efficiency and reduce Form I-765 processing times for Form I-485 applicants, USCIS may decouple Forms I-765 from Forms I-131 filed at the same time.

Alert: As of April 1, 2022, we will no longer accept a single, combined fee payment for the filing of Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, together with a Form I-129, Petition for a Nonimmigrant Worker.

Alert Afghan Parolee: If you are an Afghan national paroled into the United States and you are applying for employment authorization, you will need a Social Security number (SSN) to work in the United States.

Certain noncitizens who are in the United States may file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply for an EAD that shows such authorization.

After any I-765 is approved, your EAD card should be produced within one to two weeks. Your EAD card will be mailed via U.S. Postal Service (USPS) Priority Mail. The time frame in which you will receive your EAD card may vary, depending on USPS delivery times. Please allow a total of 30 days from approval before inquiring with USCIS. We encourage you to use Case Status Online to find your USPS tracking number for EAD card delivery. If you have not received your EAD card within this time frame, please visit e-Request - Self Service Tools (uscis.gov) for instructions on how to submit an inquiry.

File Online

Form Details

Forms and Document Downloads

Form I-765 (PDF, 454.29 KB)

Instructions for Form I-765 (PDF, 751.16 KB)

Form I-765 Worksheet (PDF, 243.14 KB)

Edition Date

10/31/22. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions.

Where to File

The filing address depends on your reason for applying and the eligibility category you entered in Question 27. Please check the filing locations for Form I-765  for a list of addresses.

If you are a replacing a card that has incorrect information, please see the Special Instructions provided below.

When to File

Filers wishing to renew an existing employment authorization card (EAD), should file Form I-765 within 6 months of the expiration date on their current EAD. We recommend you do not file a request to renew your EAD more than 180 days before the expiration of your EAD. We generally do not backdate or postdate the renewal EAD in relation to your current EAD’s validity period.

Please refer to the Form I-765 instructions for information on other specific categories.

To renew your Employment Authorization Document, file Form I-765 at least 90 days prior to the expiration.

Filing Category	When to File
(a)(20)	You may file Form I-765 at the same time as Form 918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, or you may file Form I-765 later.
(c)(3)(A)	File Form I-765 up to 90 days before being enrolled for one full academic year, provided that the period of employment will not start before you have completed one full academic year.
(c)(3)(B)	File Form I-765 up to 90 days before, but no later than 60 days after, your program end date. You must file your Form I-765 within 30 days of the date that your DSO enters the recommendation for OPT into your SEVIS record.
(c)(3)(C)	File Form I-765 up to 90 days before the expiration of your current OPT, if you are requesting a 24-month STEM extension.
(c)(6)	File Form I-765 with a copy of the Form I-20 endorsed by the DSO certifying eligibility for employment together with Form I-539, Application to Change/Extend Nonimmigrant Status, if applicable, completed according to the Form I-539 Instructions. We must receive the completed forms before, but not more than 90 days before, your program end date.
(c)(8)	You must wait 150 days before you can apply for an EAD, and an additional 30 days before we can issue you an EAD, for a total of 180 days starting from when you filed or lodged your I-589 asylum application. The number of days a completed asylum application is considered pending does not include any delays requested or caused by you while your application is pending with the USCIS asylum office or with an EOIR IJ. (See 8 CFR 208.7) This period during which your asylum application is pending before we may grant you an EAD is called the “180-day asylum EAD clock.” We may reject your Form I-765 if you file it before the 150-day waiting period has elapsed. Further details can be found in the Form I-765 Instructions. If you have received a Recommended Approval notice from the USCIS asylum office recommending a grant of asylum, you do not need to wait 150 days and may apply for an EAD immediately upon receipt of this notice. Provide a copy of your notice as evidence of your recommended approval with your Form I-765.
(c)(9)	File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your I-485 receipt notice or other evidence to show that your Form I-485 is pending.
(c)(10)	If you are eligible to apply for NACARA 203 relief with USCIS, you may file Form I-765 together with your Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA)).
(c)(11)	File Form I-765 with sufficient evidence to show that your parole status is current and has not expired or is about to expire.
(c)(26)	You may file Form I-765 at the same time as your Form I-539 and your H1-B spouse’s Form I-129, Petition for a Nonimmigrant Worker.
(c)(36)	You may file your Form I-765 with your spouse’s or parent’s application under (c)(35).
(c)(37)	You must file Form I-765 together with your Form I-955, Application for CNMI Long-Term Resident Status.

Filing Fee

$410.

Youmay be exempt from paying the filing fee. See the form instructions for more information.

You must also pay an $85 biometric services fee if you arefilingwith 1 of the following eligibility categories:

(c)(35) A beneficiary of an approved employment-based immigrant petition and you are facing compelling circ*mstances;
(c)(36) A spouse or unmarried dependent child of a beneficiary of an employment-based immigrant petition who is facing compelling circ*mstances; or
(c)(37) An applicantfor Commonwealth of the Northern Mariana Islands (CNMI)long-termresidentstatus.This category is not eligible for a fee waiver.

For (c)(33) filers: There is no fee waiver. There arefee exemptionsavailable only in limited circ*mstances. Please see DACA Filing Tips page concerning fee submissions for DACA-related Form I-765 and Form I-821D.

For (c)(37)filers:There is no fee waiver for your Form I-765 base fee ($410) or biometric fee ($85).

There is no biometric services fee for any other eligibility category.

Through Sept. 30, 2023, there is no fee to file Form I-765 for Afghan nationals applying for work authorization on the basis of parole (eligibility category (c)(11)). This includes your application for an initial EAD and for a replacement EAD.

There is no filing fee or biometric services fee for the initial Form I-765 filed by current or former service members who were paroled into the United States under the Immigrant Military Members and Veterans Initiative (IMMVI). Please write "IMMVI" at the top of Form I-765 to obtain the fee exemption and submit documentation that supports current or former military service such as the Certificate of Release or Discharge from Active Duty (DD Form 214), National Guard Report of Separation and Record of Service (NGB Form 22), or other official service or discharge document.

You can pay the fee with a money order, personal check, cashier’s check, orpay by credit cardusing Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for a government service. Filing and biometric services fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. Use our Fee Calculator to help determine your fee.

Pay each filing fee separately. We are transitioning to electronically processing immigration benefit requests, which requires us to use multiple systems to process your package. We may reject your entire package if you submit a single, combined payment for multiple forms.

Checklist of Required Initial Evidence (for informational purposes only)

View thechecklistof required initial evidence.

Form Filing Tips

Filing Tips:Review ourTips for Filing Forms by Mailpage for information on how to ensure we will accept your form.

Don’t forget to sign your form.We will reject any unsigned form.

Special Instructions

Replacing a Card That Has Incorrect Information

If the card we issued to you contains incorrect information thatis not dueto our error, you must use thefiling locations for Form I-765associated with your eligibility category to submit your form and filing fee.
If the card we issued to you contains incorrect information that is due to our error, you do not need to file a new Form I-765 and filing fee. Instead, you must submit a letter explaining the error and evidence to show what the correct information should be, along with the card containing the error, to the service center or National Benefits Center that approved your most recent Form I-765. Your approval notice will indicate which location approved your application. Please check thefiling locations for Form I-765under the heading “Replacement for Card Error” for a list of addresses.

Liberian Refugee Immigration Fairness (LRIF) Applicants:If you are filing Form I-765 as an adjustment of status applicant based on LRIF, you should write “(c)(9)” as your eligibility category inPart 2,Item Number 27on your Form I-765.See ourLRIF pagefor more information on adjustment of status based on LRIF.

Deferred Action for Childhood Arrivalsrequestors:To be considered for DACA, you must submit:

Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
Form I-765, Application for Employment Authorization;
Form I-765 Worksheet; and
The correct fees.

Note:If you are a current DACA recipient andonlyneed to replace a valid employment authorization document (EAD) because yours was lost, stolen, or damaged, file Form I-765, Application for Employment Authorization, and select box 1.b. Submit the properly completed Form I-765, evidence that you are a current DACA recipient (such as your most recent DACA approval notice), and the filing fee to thefiling addressfor the location where you live.Do notfile Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with this Form I-765; if you submit Form I-821D when you are filing to replace a lost, stolen, or damaged EAD, we will deny your Form I-821D and we will not refund the $85 filing fee for Form I-821D.

U Petitioners:If you are a principal U nonimmigrant petitioner, you are authorized to work based on your status. After we approve the underlying petition for U nonimmigrant status, we will issue you an Employment Authorization Document (EAD). This means you will not need to file Form I-765.

If you are a derivative family member residing inside the United States, you are also authorized to work based on your status. After we approve the underlying petition for derivative U nonimmigrant status, we will not issue you an EAD. This means you will need to file Form I-765.

We can only issue EADsfor principals and derivatives after we approve the underlying U nonimmigrant status petition, regardless of when you file Form I-765.

If you live in the U.S., you may receive employment authorization and deferred action if you have a pending bona fide petition and meet certain discretionary standards. We will issue a notice if you need to file a Form I-765 for employment authorization associated with a bona fide determination.

If the statutory cap is reached in a fiscal year and we use the waiting list process described at 8 CFR 214.14(d)(2), petitioners for U nonimmigrant status and derivatives in the United States can apply for employment authorization using Form I-765 based on deferred action. We can only approve an application for employment authorization based on deferred action after DHS has deferred action in your case, regardless of when you file Form I-765.

Asylum Applicants:Please refer to ourAsylumpage for more information, including information about the effect of applicant-caused delays on your Form I-765 adjudication.

Employment Authorization Based on a Pending Form I-589 After Dismissal or Termination of Your Removal Proceedings by EOIR
If you	Then
Have an unexpired Employment Authorization Document (EAD) that was approved based on a pending Form I-589 before EOIR dismissed or terminated your removal proceedings.	Your current EAD will remain valid until its expiration date. Before your EAD expires, you may renew it by submitting: Evidence you filed an updated asylum application on a current version of Form I-589 with USCIS after EOIR dismissed or terminated your removal proceedings, such as: The USCIS receipt notice we mailed to you; Your USCIS Asylum Interview Notice (scheduling, rescheduling, or canceling your asylum interview); Your Form I-797C Notice (Application Support Center (ASC) appointment notice for a biometrics appointment for your Form I-589); or Other evidence you filed your Form I-589 with USCIS. We recommend that you also submit: Proof you had a Form I-589 pending with EOIR at the time of the dismissal or termination, such as your Form I-589 receipt notice or other available documentary evidence of filing; and A copy of the EOIR Order of Dismissal or Termination. If USCIS has granted you employment authorization under the (c)(8) filing category, the appropriate fee must accompany any renewal applications filed under category (c)(8).
Have a pending Form I-765 to renew your (c)(8)-based EAD, and you had a pending Form I-589 with EOIR before EOIR dismissed or terminated your removal proceedings.	USCIS may renew your EAD, if you submit: Evidence you filed an updated asylum application on a current version of Form I-589 with USCIS after EOIR dismissed or terminated your removal proceedings, such as: The USCIS receipt notice we mailed to you; Your USCIS Asylum Interview Notice (scheduling, rescheduling, or canceling your asylum interview); Your Form I-797C Notice (ASC appointment notice for a biometrics appointment for your Form I-589); or Other evidence you filed your Form I-589 with USCIS. We recommend that you also submit: Proof you had a Form I-589 pending with EOIR at the time of the dismissal or termination, such as your Form I-589 Receipt Notice or other available documentary evidence of filing; and A copy of the EOIR Order of Dismissal or Termination.
Have never been granted employment authorization under the (c)(8) filing category and: You have not filed Form I-765; You are eligible to file Form I-765 for an initial (c)(8)-based EAD; You had a pending Form I-589 with EOIR; and EOIR dismissed or terminated your removal proceedings.	You may file Form I-765 according to the instructions for requesting an EAD based on a pending asylum application. You should submit: Evidence you filed an updated asylum application on a current version of Form I-589 with USCIS after EOIR dismissed or terminated your removal proceedings, such as: The USCIS receipt notice we mailed to you; Your USCIS Asylum Interview Notice (scheduling, rescheduling, or canceling your asylum interview); Your Form I-797C Notice (ASC appointment notice for a biometrics appointment for your Form I-589); or Other evidence you filed your Form I-589 with USCIS. We recommend that you also submit: Proof you had a Form I-589 pending with EOIR at the time of the dismissal or termination, such as your Form I-589 Receipt Notice or other available documentary evidence of filing; and A copy of the EOIR Order of Dismissal or Termination.
Are not yet eligible for an initial (c)(8)-based EAD on the basis of the Form I-589 that was pending with EOIR before EOIR dismissed or terminated your removal proceedings.	You will generally continue to accumulate time to meet the 180-day Asylum EAD Clock (PDF, 375.08 KB) requirements after you file your Form I-589 with USCIS. When you file Form I-765, submit: Evidence you filed an updated asylum application on a current version of Form I-589 with USCIS after EOIR dismissed or terminated your removal proceedings, such as: The USCIS receipt notice we mailed to you; Your USCIS Asylum Interview Notice (scheduling, rescheduling, or canceling your asylum interview); or Your Form I-797C Notice (ASC appointment notice for a biometrics appointment for your Form I-589). We recommend that you also submit: Proof that you had a Form I-589 pending with EOIR at the time of the dismissal or termination, such as your Form I-589 Receipt Notice or other available documentary evidence of filing; and A copy of the EOIR Order of Dismissal or Termination. Submit your new paper Form I-589 with your current address using the chart in the “Where to File” section of the Form I-589 page.
Already have a (c)(8)-based EAD you need to renew because it will expire soon, and EOIR dismissed or terminated your removal proceedings.	Before your EAD expires, you will need to renew it by submitting: Evidence you filed an updated asylum application on a current version of Form I-589 with USCIS after EOIR dismissed or terminated your removal proceedings, such as: The USCIS receipt notice we mailed to you; Your USCIS Asylum Interview Notice (scheduling, rescheduling, or canceling your asylum interview); Your Form I-797C Notice (ASC appointment notice for a biometrics appointment for your Form I-589); or Other evidence you filed your Form I-589 with USCIS. We recommend that you also submit: Proof that you had a Form I-589 pending with EOIR at the time of the dismissal or termination, such as a copy of your Form I-589 stamped received by EOIR or other available documentary evidence of filing; and A copy of the EOIR Order of Dismissal or Termination. The appropriate fee must accompany any renewal applications filed under category (c)(8).
Filed Form I-765 based on (c)(8) eligibility, but we denied your Form I-765 because EOIR dismissed or terminated your removal proceedings.	You may reapply for an EAD or apply to renew your EAD by submitting Form I-765 to USCIS. You should include: Evidence you filed an updated asylum application on a current version of Form I-589 with USCIS after EOIR dismissed or terminated your removal proceedings, such as: The USCIS receipt notice we mailed to you; Your USCIS Asylum Interview Notice (scheduling, rescheduling, or canceling your asylum interview); Your Form I-797C Notice (ASC appointment notice for a biometrics appointment for your Form I-589); or Other evidence you filed your Form I-589 with USCIS. We recommend that you also submit: Proof you had a Form I-589 pending with EOIR at the time of the dismissal or termination, such as your Form I-589 Receipt Notice or other available documentary evidence of filing; and A copy of the EOIR Order of Dismissal or Termination. If USCIS has granted you employment authorization under the (c)(8) category, the appropriate filing fee must accompany your renewal application. If you are reapplying for employment authorization under the (c)(8) category, and this is not your initial employment authorization, the appropriate filing fee must accompany your application.

For general employment authorization requirements based on a pending asylum application, see the “Permission to Work in the United States” section on the Asylum page.

E-Notification:Toreceive a text message or emailwhen we accept your Form I-765, completeForm G-1145, E-Notification of Application/Petition Acceptance, and attach it to the front of the first application in the package.

Application for Employment Authorization (2024)

Form Details

FAQs

Why would work authorization be denied? ›