If your Employment Authorization Document (EAD) is expiring, filing Form I-765 (Application for Employment Authorization) is essential to renew your work authorization. This guide will walk you through the process of filing Form I-765 for EAD renewal, what to consider about your visa or immigration status, and how to avoid interruptions in employment authorization.
What Is Form I-765?
Form I-765 is used to request an initial, replacement, or renewal EAD. Renewing your EAD allows you to continue working legally in the United States, provided you meet eligibility requirements.
Step 1: Confirm Your Eligibility
Your eligibility to file Form I-765 depends on your visa or immigration status. For example:
Temporary Protected Status (TPS): You can apply for an EAD if you are in valid TPS status and re-registered during the designated period.
Adjustment of Status Applicants (Form I-485): You may apply for an EAD if you have a pending green card application.
Asylum Applicants: You can renew your EAD if you have been granted asylum or have a pending asylum application for 180 days or more.
DACA Recipients: Deferred Action for Childhood Arrivals (DACA) recipients can renew their EAD by meeting specific requirements.
To confirm your eligibility, refer to the USCIS EAD Eligibility Categories.
Step 2: Gather the Required Documents
To file Form I-765 for renewal, you’ll need:
Completed Form I-765: Download the form from the USCIS website.
Proof of your current immigration status (visa, Form I-94, or receipt notices for pending applications like Form I-485 or Form I-589).
Copy of your current EAD (front and back).
Form I-797C, Notice of Action, showing a pending adjustment of status or other relevant application, if applicable.
Passport-style photos: Two photos that meet USCIS specifications.
Filing fee or fee waiver request (if eligible):
Check the USCIS Fee Schedule for the correct filing fee.
Use Form I-912 to request a fee waiver, if applicable.
Step 3: Fill Out Form I-765
Part 1: Reason for Applying
Check "Renewal of my permission to accept employment."
Part 2: Information About You
Include your full name, address, Social Security Number (if any), and Alien Registration Number (A-Number) if applicable.
Part 2: EAD Category
Enter the appropriate category for your status (e.g., (c)(9) for adjustment of status applicants, (c)(8) for asylum applicants).
Double-check your category in the I-765 Instructions to avoid errors.
Part 3: Contact Information
Provide your current phone number and email address.
Sign and Date the form.
Step 4: Submit Your Application
File Online: Certain categories allow you to file Form I-765 electronically. Check if your category qualifies on the USCIS online filing portal.
File by Mail: If filing by paper, mail your application to the correct USCIS address based on your category and location. Check the latest filing addresses for accuracy.
Include Filing Fee: Pay by check or money order, or submit a fee waiver request (if eligible).
Step 5: Track Your Application
Once filed:
Receive a Receipt Notice (Form I-797C): This confirms USCIS has received your application.
Check Your Case Status: Use the USCIS Case Status Tracker to monitor progress.
Automatic EAD Extension: If eligible, you may receive an automatic 540-day extension of your expiring EAD while the renewal is processed.
How Your Visa or Immigration Status Affects Your EAD Renewal
Your visa or immigration status determines:
Eligibility for an EAD: Certain statuses (e.g., F-1 OPT, TPS, asylum pending) require you to maintain valid status to apply for or renew an EAD.
Category for Filing: Your specific immigration status will dictate the category you use when filing Form I-765.
Supporting Documentation: Depending on your status, you may need to submit additional documents, such as proof of re-registration for TPS or a pending green card application.
Step 6: Avoid Interruptions in Employment Authorization
To avoid lapses in employment authorization:
File Early: USCIS recommends filing Form I-765 at least 180 days before your current EAD expires.
Check for Automatic Extensions: Certain categories allow you to continue working for up to 540 days after your EAD expires if you filed a timely renewal application. Provide your employer with your expired EAD and Form I-797C receipt notice.
FAQs
Q: What if I filed late?
A: If you file Form I-765 after your EAD expires, you may face a gap in work authorization. Check if you qualify for an automatic extension based on your category.
Q: Can I file online?
A: Certain EAD categories allow online filing. Check the USCIS website to confirm eligibility.
Q: What happens if my application is denied?
A: You must stop working immediately if your EAD renewal is denied. Consult an immigration attorney to explore your options.
Helpful Resources
By following these steps, you can confidently file your EAD renewal application and ensure you remain authorized to work in the U.S. If you need additional support, consult with an immigration attorney or your HR department.