There many people legally in the U.S. who don’t have a right to work, unless they applied and received work authorization. For example, Deferred Action for Childhood Arrivals (DACA), those with pending adjustment of status applications, fiancé visa holders, and other some cases students. Typically the applicant will have to pay a filing fee with the filing of the I-765.
Even if you are not planning to work, you should still apply and receive it. . If you can get work authorization there is almost no reason not to apply for it, and many reasons to do so. It is valid photo government issued identification. You can use it to apply and receive a social security card and driver’s license.
How Do I fill out the Form?
Line 1 and 2: Write your full legal name as it appears on your passport, birth certificate, or identification card. If your name has changed, i.e., marriage or divorce, you must submit documents proving the name change (Judge’s Order or Marriage Certificate). In line 2 indicate prior name, such as a maiden name.
Line 3: Enter your current mailing address. You must be able to receive USCIS’s notices so make sure this information is correct.
Line 4-6: Fill in your citizen or nationality (usually the country where you were born or that issued you a passport). Line 5 you must indicate precisely where you were born. Line 6 fill in your date of birth in the appropriate format matching the date listed on your birth certificate, passport, or other official identification documents.
Line 7: This asks whether you are male or female.
Line 8: Write your marital status. If you are separated, but not legally divorced, check Married but explain it. If you are divorced or widowed it is always a good idea to include a copy of the divorce decree or death certificate. This is typically done in the application whereby you are receiving work authorization. For example, adjustment of status application.
Line 9: If you have a U.S. Social Security Number, put it here. If you never received one write N/A. If you have ever used a Social Security Number not specifically assigned in your name, DON’T use it here
Line 10: Alien Registration Number is the nine digit number that appears on every form issued by USCIS. You have an A-number if you have ever been in been in removal proceedings, or received any communications from USCIS. You almost certainly have an A number or otherwise wouldn’t be filing for work authorization. Otherwise put N/A
Line 11: If you have never applied for work authorization before, select no and proceed to line 12. If you have applied before, indicate where you applied, when you applied, and the result of the application. You also must submit copies of the decision.
Line 12-15: Write the date (line 12), City, and State (line 13) where you entered the U.S. If you entered legally, your passport or any arrival/departure documents should indicate where and when you entered. If you have no documents, use your best guess. Lines 14 and 15 ask your status when you entered and your status when you apply. If you entered legally your passport will show your status at entry and the expiration date of that status. If you entered without permission, indicated
Entered without Inspection.
Line 16: This asks for your basis to request work authorization. You will only get work authorization in the U.S. if there is a legal basis for it. You must indicate in this field what the basis is. You will need to review the instructions on the I-765 to confirm that the information. Here is an incomplete list of some of the reasons to apply for and receive work authorization
- Granted Asylum (a)(5)
- Temporary Protected Status (a)(12) and (c)(19)
- F-1 Student Visa can be (c)(3)(A-C) depending on the circumstances
- B-1 Nonimmigrant Domestic Servant of a US citizen (c)(17)(ii)
- K-1 fiancée visa (a)(6)
- Filed for adjustment of status (c)(9)
- Granted Withholding of Removal (a)(10)
- Paroled in the Public Interest (c)(11)
- Deferred Action (c)(14)
- Deferred Action for Childhood Arrivals (c)(33)
- U-Visa (a)(19)
- VAWA (c)(31)
This can be complicated. You should never just file an employment authorization without a legal basis to do so. You will be throwing away your filing fee and can find yourself in removal proceedings.
If you would like to speak to our knowledgeable staff, call us at 888-695-6169