How to Apply for Employment Authorization

Non-immigrants seeking employment authorization in the United States may make such a request by filing the appropriate form.

Non-immigrant aliens present in the United States legally and who are eligible for employment may seek employment authorization (permission, with documentation, to work in the United States). Such classes of temporary aliens include foreign students seeking practical training, those granted asylum, those under a temporary protective status, and those offered employment in the United States, to name a few. Filing for employment authorizations requires filing the form I-765, providing evidence of status and paying the applicable processing fees. Permanent residents do not need to apply for employment authorization, as a Green Card automatically entitles the holder to work in the United States.

Things You'll Need

• Acrobat Reader Software
• I-765 form
• I-765 instruction guide

Instructions

1. Visit the United States Citizenship and Immigration Services (USCIS) website and download the I-765 application for employment authorization and the I-765 instruction guide for filling out the form. Those without a computer or Internet access, will need to visit a local library to gain access to both, as the Department of Immigration does not send out forms upon request. The form consists of one page; applicants are required to print and fill out the complete form.

2. Read the instruction guide entirely before attempting to fill out the application form. Be sure you fall under one of the eligible categories before applying. Only those individuals who fall into eligible categories will receive consideration for employment authorization. In addition, each category will have different documentation requirements. Ensure you know which documents should accompany your application and where to get those documents if they are not on hand.

3. Fill out the I-765 after understanding the requirements listed in the instruction guide. Expect the entire process of reading the instruction guide, collecting documentation, and filling out the form to take approximately three and a half hours, according the USCIS. Ensure when filling out the form that you are providing accurate information. Any form filed with inaccurate information will be rejected with a request to resubmit the form in its entirety.

4. File the form with the USCIS according the instruction manual. Depending on your location and the category in which you are applying, this may involve filing electronically, sending via postal mail or dropping the form at a lockbox. Applicants must follow exactly the instructions provided according to location and category. Failure to do so may result in delays or the outright rejection of the application. Be sure to enclose the $340.00 filing fee, if required for your filing category, and all documentation required by your filing category. The approval process takes up to 90 days; applicants will receive a decision by either mail or a letter indicating a required visit to a United States Immigration office.

Tips & Warnings

• A written explanation will accompany any denial of an application.

• Any false information included in or the concealment of any facts on the I-765 form will result in a rejection and may affect other immigration services, including deportation. In addition, such acts may subject an alien to legal consequences including fines, jail time and barrier to entry into the United States in the future.

References

• United States Citizenship and Immigration Services: Employment Authorization
• Immi Help: Employment Authorization Document

Resources

• United States Citizenship and Immigration Services: I-765 Instruction Guide
• United States Citizenship and Immigration Services: !-765 Application Form