table of changes – instructions form i-765, application

1

TABLE OF CHANGES – INSTRUCTIONSForm I-765, Application For Employment Authorization

OMB Number: 1615-004010/28/2019

Reason for Revision: Asylum EAD NPRM

Legend for Proposed Text:• Black font = Current text• Red font = Changes

Expires 05/31/2020Edition Date 5/31/2018

Current Page Numberand Section

Current Text Proposed Text

Pages 1-14,Who May File Form I-765?

[page 1]

Who May File Form I-765?

You may file Form I-765 if you fall withinone of the eligibility categories below. Forsome categories, employment authorizationis granted with your underlyingimmigration status (called “incident tostatus” employment authorization). Forexample, asylees and refugees haveemployment authorization as soon as theyobtain such status. In these cases, yourEAD is issued upon approval of your FormI-765, and the EAD is evidence of youremployment authorization. For othercategories such as parolees or individualswith deferred action, USCIS must firstapprove your Form I-765 before you areeligible to accept employment in the UnitedStates. Once your Form I-765 is approved,USCIS will issue your EAD. You musttype or print your eligibility category inPart 2., Item Number 27., on Form I-765.Enter only one category number on theapplication. For example, if you are arefugee applying for an EAD, type or print“(a)(3)” in Item Number 27.

…

[page 2]

5. Pending Asylum and Withholding ofRemoval Applicants and Applicants for

[page 1]

Who May File Form I-765?

You may file Form I-765 if you fall withinone of the eligibility categories below. Forsome categories, employment authorizationis granted with your underlyingimmigration status (called “incident tostatus” employment authorization). Forexample, asylees and refugees haveemployment authorization as soon as theyobtain such status. In these cases, yourEAD is issued upon approval of your FormI-765, and the EAD is evidence of youremployment authorization. For othercategories such as parolees or individualswith deferred action, USCIS must firstapprove your Form I-765 before you areeligible to accept employment in the UnitedStates. Once your Form I-765 is approved,USCIS will issue your EAD. You musttype or print your eligibility category inPart 2., Item Number 30., on Form I-765.Enter only one category number on theapplication. For example, if you are arefugee applying for an EAD, type or print“(a)(3)” in Item Number 30.

…

[page 2]

5. Pending Asylum and Withholding ofRemoval Applicants and Applicants for

AILA Doc. No. 19111302. (Posted 11/14/19)

2

Pending Asylum under the ABCSettlement Agreement--(c)(8). If youhave a pending Form I-589, Application forAsylum and for Withholding of Removal,refer to Special Filing Instructions forThose With Pending AsylumApplications--(c)(8) in the RequiredDocumentation section of theseInstructions.

[currently on page 21, “RequiredDocumentation section”; moved up]

Special Filing Instructions for ThoseWith Pending Asylum Applications--(c)(8)

[new]

Asylum under the ABC SettlementAgreement--(c)(8). If you have a pendingForm I-589, Application for Asylum andfor Withholding of Removal, refer to theInstructions below.

[moved from page 21, “RequiredDocumentation section”]

Special Filing Instructions for ThoseWith Pending Asylum Applications--(c)(8).

Applicants requesting employmentauthorization under (c)(8) must:

1. Wait 365 days from the date USCIS orthe Immigration Court accepted yourasylum application before submitting yourapplication for employment authorization;2. Appear for your asylum biometricservices appointment;3. Appear for your interview with a USCISasylum officer, or your hearing before anImmigration Judge (IJ), if requested orscheduled; and4. Appear for your biometric servicesappointment for your application foremployment authorization.

See 8 CFR parts 208.7, 208.9, and 208.10.

Special information about biometricservices fee and appointments. Allapplicants for initial and renewal EADsunder the (c)(8) eligibility category mustsubmit biometrics at a scheduled biometricservices appointment and pay the biometricservices fee. If you fail to appear for yourbiometric services appointment, you maybe ineligible for employment authorization.

Special information about the one-yeardeadline to file for asylum. If you fileyour asylum application more than one yearafter your most recent arrival in the UnitedStates, you will not be granted employmentauthorization under this eligibility categoryunless a USCIS asylum officer or anImmigration Judge determines that youmeet an exception for late filing, as


3

provided in section 208(a)(2)(D) of theImmigration and Nationality Act (INA).This one-year filing deadline does notapply to an alien who is an unaccompaniedalien child, as defined by section 462(g) ofthe Homeland Security Act of 2002, 6U.S.C. 279(g), INA section 208(a)(2)(E), 8U.S.C. 1158(a)(2)(E).

Special information about lawful entryinto the United States through a port ofentry. Eligibility for an EAD undercategory (c)(8) requires that your last entryinto the United States was lawful andthrough a port of entry. USCIS willdetermine whether an exception to thisrequirement applies based on yourresponses to Part 2., Item Numbers 27. -29.d. of Form I-765.

Special information about arrests,charges, and convictions. You cannotreceive employment authorization underthis eligibility category if:• You have been convicted of anaggravated felony in any country;• You have been convicted of afelony in the United States;• You have been convicted of anyserious non-political crime outside theUnited States; or• You have been convicted in theUnited States of any offense involvingdomestic violence, domestic assault, or anyother domestic or spousal battery-typeoffense (unless you have been subjected toextreme cruelty and were not the primaryperpetrator of the violence in therelationship), child abuse, child neglect, orany other offense against a child, illegaldrugs or controlled substances, includingpossession, possession with intent todistribute, or delivery, or driving oroperating a motor vehicle under theinfluence of alcohol or drugs.

USCIS will determine on a discretionarybasis your eligibility for an EAD under thiscategory if:• You have been convicted of anynon-political foreign criminal offense;• You have unresolved arrests orpending charges for any non-politicalforeign criminal offense; or


4

You are subject to a 150-day waiting periodbefore you can apply for an EAD, and anadditional 30-day period before we canissue you an EAD, for a total of 180 days.The number of days a completed asylumapplication is considered pending does notinclude any delays requested or caused byyou while your application is pending withthe USCIS asylum office or with an EOIRIJ. (See 8 CFR 208.7.) This time periodduring which your asylum application ispending before we may grant you an EADis called the “180-day asylum EAD clock.”We may reject your Form I-765 if you fileit before the 150-day waiting period haselapsed. Some examples of delays thatmay be caused by you while yourapplication is pending with the USCISAsylum Office include, but are not limitedto:

1. Failure to appear at your interview orfingerprint appointment;

2. Failure to receive and acknowledgeyour asylum decision in person (ifrequired);

3. A request to reschedule your interviewfor a later date;

4. A request to transfer your case to a newasylum office or interview location,including when the transfer is based on a

• You have unresolved domesticarrests or pending charges involvingdomestic violence, domestic assault, or anyother domestic or spousal battery-typeoffense, child abuse, child neglect, or anyother offense against a child, illegal drugsor controlled substances, includingpossession, possession with intent todistribute, or delivery, or driving oroperating a motor vehicle under theinfluence of alcohol or drugs.

Special information about the impact ofapplicant-caused delays. Any delays youhave caused in the adjudication of yourasylum application that are still in effect atthe time your application for employmentauthorization is adjudicated will result inUSCIS denying your application foremployment authorization.

[deleted]


5

new address;

5. A request to provide additionalevidence after your interview; and

6. Failure to provide a competentinterpreter at your interview.

Additionally, if you fail to appear for yourinterview with a USCIS asylum office orfor a hearing before an EOIR IJ, you maybe ineligible for an EAD.

If you have received a RecommendedApproval notice from the USCIS asylumoffice recommending a grant of asylum,you do not need to wait 150 days and mayapply for an EAD immediately upon receiptof this notice. Provide a copy of yournotice as evidence of your recommendedapproval with your Form I-765.

Examples of applicant-caused delaysinclude, but are not limited to the listbelow:

1. A request to amend or supplement anasylum application that causes a delay in itsadjudication or in proceedings as permittedin section 208.4(c);2. Failure to appear to receive andacknowledge receipt of the decision asspecified in section 208.9(d);3. A request for extension to submitadditional evidence fewer than 14 daysprior to the interview date as permitted bysection 208.9(e);4. Failure to appear for an asyluminterview or biometric servicesappointment, unless excused by USCIS asdescribed in 208.10(b)(1) for the failure toappear;5. A request to reschedule an interview fora later date;6. A request to transfer a case to a newasylum office or interview location,including when the transfer is based on anew address;7. A request to provide additional evidenceafter interview;8. Failure to provide a competentinterpreter at interview; and9. Failure to comply with any other requestneeded to determine asylum eligibility.


6

If you are a category (c)(8) applicant whohas met the requisite 150-day waitingperiod to file Form I-765, not includingdelays caused or requested by you, file yourForm I-765 with the following evidence,where applicable.

1. If you filed your Form I-589 withUSCIS, a copy of the following: theUSCIS Acknowledgement of Receipt thatwas mailed to you and your USCIS AsylumInterview Notice (scheduling, re-scheduling, or cancelling your asyluminterview); your Form I-797C Notice (ASCappointment notice) (for a biometricsappointment for your Form I-589); or otherevidence that you filed your Form I-589with USCIS.

2. If you lodged or filed your Form I-589with EOIR, acknowledgement of receipt ofyour application or other availableevidence.

3. If an EOIR IJ has denied your asylumand withholding of removal relief, but youmet the requisite 180-day waiting periodprior to the EOIR IJ’s decision in yourcase, evidence that you:

A. Timely appealed the EOIR IJ’s decisionon your Form I-589 to the BIA and theappeal remains pending; and

B. If applicable, evidence that you timelyappealed the BIA decision on your Form I-589 to a U.S. Court of Appeals and thatdecision remains pending.

4. If your Form I-589 has been remandedto an EOIR IJ for further adjudication ofyour underlying asylum claim:

A. A copy of the BIA decision and orderremanding your case to the EOIR IJ; and

B. Evidence that your asylum claimremains under review by the EOIR IJ.

5. Evidence of Arrests and Conviction.For initial and renewal applications, you

Additional Evidence requirements forcategory (c)(8) applicants:

If you are a category (c)(8) applicant whohas met the requisite 365-day waitingperiod to file Form I-765, file yourapplication with the following evidence,where applicable.

1. If you filed your Form I-589 withUSCIS, a copy of the following: theUSCIS Acknowledgement of Receipt thatwas mailed to you and your USCIS AsylumInterview Notice (scheduling, re-scheduling, or cancelling your asyluminterview); your Form I-797C Notice (ASCappointment notice) (for a biometricsappointment for your Form I-589); or otherevidence that you filed your Form I-589with USCIS.

2. If you lodged or filed your Form I-589with the Executive Office for ImmigrationReview (EOIR), a copy ofacknowledgement of receipt of yourapplication or other available evidence.

3. If an EOIR IJ has denied your Form I-589, but you met the requisite 365-daywaiting period prior to the EOIR IJ’sdecision in your case, evidence that youtimely appealed the EOIR IJ’s decision onyour Form I-589 to the BIA and the appealremains pending.

[deleted]

4. If your Form I-589 has been remandedto an EOIR IJ for further adjudication ofyour underlying asylum claim:

A. A copy of the BIA decision and orderremanding your case to the EOIR IJ; and

B. Evidence that your asylum claimremains under review by the EOIR IJ.

5. Evidence of Arrests and Convictions.You must submit certified police and court


7

are required to submit evidence of anyarrests and/or convictions. If you havebeen convicted of an aggravated felony,you cannot be granted employmentauthorization under this eligibility category.USCIS will make the determination as towhether your convictions meet thedefinition of aggravated felony. You must,however, provide information and anysupporting documentation on all crimeswhich you were convicted of so USCIS canmake an appropriate decision. Provide acertified copy of all arrest reports, courtdispositions, sentencing documents, andany other relevant documents.

records for any criminal charges, arrests, orconvictions you may have.

A. If you were EVER arrested or detainedby a law enforcement officer for any reasonin any country, including the United States,and no criminal charges were filed, youmust submit:

(1) An original or certified copy of thecomplete arrest report; and

(2) Either an official statement by thearresting or detaining agency orprosecutor’s office OR an applicable courtorder that indicates the final disposition ofyour arrest or detention;

B. If you were EVER charged for anyreason (even if you were not arrested) inany country, including the United States,you must submit:

(1) An original or certified copy of thecomplete arrest report; and

(2) Certified copies of BOTH theindictment, information, or other formalcharging document AND the finaldisposition of each charge (for example, adismissal order or acquittal order);

C. If you were EVER convicted or placedin an alternative sentencing or rehabilitativeprogram (such as probation, drug treatment,deferred adjudication, or communityservice program) in any country, includingthe United States, you must submit:

(1) An original or certified copy of thecomplete arrest report;

(2) Certified copies of the following: theindictment, information, or other formalcharging document; any plea agreement,whether in the form of a court filing orrecording in a hearing transcript; and thefinal disposition for each incident (forexample, conviction record, deferredadjudication order, probation order); and

(3) Either an original or certified copy ofyour probation or parole record showingthat you completed the mandated sentence,conditions set for the deferred adjudication,


8

or rehabilitative program ORdocumentation showing that you completedthe alternative sentencing or rehabilitativeprogram; or

D. If you EVER had any arrest orconviction vacated, set aside, sealed,expunged, or otherwise removed from yourrecord in any country, you must submit:

(1) An original or certified copy of thecomplete arrest report; the indictment,information, or other formal chargingdocument; any plea agreement, whether inthe form of a court filing or recording in ahearing transcript; and the final dispositionfor each incident (for example, convictionrecord, deferred adjudication order,probation order); and

(2) A certified copy of the court ordervacating, setting aside, sealing, expunging,or otherwise removing the arrest orconviction.

You must disclose all arrests and charges,even if the arrest occurred when you were aminor. An adjudication of juveniledelinquency is not a “conviction” underU.S. immigration law, but a juvenile can becharged as an adult for an offensecommitted while a juvenile. If you wereconvicted as an adult, there is a conviction,regardless of whether you were tried beforea criminal court or a juvenile court. Anadjudication of juvenile delinquency couldalso be relevant to the exercise ofdiscretion. If you claim that an arrestresulted in adjudication of delinquency, andnot in a conviction, you must submit a copyof the court document that establishes thisfact.

In general, you do not need to submitdocumentation relating to traffic fines andincidents that did not involve an actualphysical arrest if the penalty was only afine of less than $500 or points on yourdriver’s license. However, you must submitsuch documentation if the traffic incidentresulted in criminal charges or involvedalcohol, drugs, or injury to a person orproperty.


9

NOTE: USCIS may, in its discretion, denyyour application if you have been arrestedand/or convicted of any crime.

If you are not able to obtain certified copiesof any court disposition relating to Items11.A. - 11.D., please submit:

1. An explanation of why the documentsare not available, including (if possible) acertificate from the custodian of thedocuments explaining why the documentsare not available;

2. Any secondary evidence that shows thedisposition of the case; or

3. If secondary evidence is also notavailable, one or more written statements,signed under penalty of perjury under 28U.S.C. section 1746, by someone who haspersonal knowledge of the disposition.

[deleted]

Asylum and Withholding of DeportationApplicants (with a pending Form I-589)who filed before January 4, 1995

You may file Form I-765 at any time;however, we will only grant youremployment authorization if we find thatyour asylum application is not frivolous.File Form I-765 with a copy of thefollowing documents, where applicable:

1. Your date-stamped previously filedForm I-589;

2. If you filed your Form I-589 with theformer Immigration and NaturalizationService (INS), an INS Acknowledgementof Receipt;

3. A USCIS Asylum Interview Notice(scheduling, re-scheduling, or cancellingyour asylum interview);

4. Form I-797 Notice, FingerprintNotification (for a fingerprint appointmentfor your Form I-589);

5. If you filed your Form I-589 inexclusion or deportation proceedings,evidence that your Form I-589 was filedwith EOIR;


10

6. If you are currently in exclusion ordeportation proceedings, a copy of Form I-221, Order to Show Cause and Notice ofHearing, or Form I-122, Notice toApplicant for Admission Detained forHearing Before Immigration Judge; or

7. Evidence that your Form I-589 remainsunder administrative or judicial review.

Asylum application under the ABCSettlement Agreement--(c)(8). If you area Salvadoran or Guatemalan nationaleligible for benefits under the ABCsettlement agreement, American BaptistChurches v. Thornburgh, 760 F. Supp. 976(N.D. Cal. 1991), you are entitled to anEAD under the ABC settlement agreement.Follow the instructions contained in thissection when filing your Form I-765.

You must have filed your asylumapplication (Form I-589) with us (INS orUSCIS) or with an EOIR IJ to receive anEAD. Therefore, submit evidence that youhave previously filed a complete asylumapplication when you submit Form I-765.You are not required to submit thisevidence when you apply, but it will helpus process your request more efficiently.

If you are requesting an initial EAD underthis category, you do not need to pay thefiling fee. If you are requesting a renewalor replacement EAD, you must pay thefiling fee. Mark your application asfollows:

1. Type or print “ABC” in the top rightcorner of your EAD application. You mustidentify yourself as an ABC class memberif you are applying for an EAD under theABC settlement agreement.

2. Type or print “(c)(8)” in Part 2., ItemNumber 30., of the application.

3. Select the box in Part 3., ItemNumber 6., of this application.

You are entitled to an EAD without regardto the merits of your asylum claim.

Your Form I-765 will be decided within 60days if:


11

…

[page 4]

C. 24-Month Extension for STEMStudents (Students With a Degree inScience, Technology, Engineering, orMathematics)--(c)(3)(C). File Form I-765up to 90 days before the expiration of yourcurrent OPT, if you are requesting a 24-month STEM extension. Include evidencethe degree that is the basis for the STEMOPT extension is in one of the degreeprograms currently listed on the STEMDesignated Degree Program List.Additionally, submit the employer’s nameas listed in E-Verify, along with the E-Verify Company Identification Number, ora valid E-Verify Client CompanyIdentification Number for the employerwith whom you are seeking the 24-monthSTEM OPT extension. You must providethis information in Part 2., Item Numbers28.a. - 28.c., of Form I-765. You mustinclude a copy of the Form I-20 endorsedby the DSO within 60 days before filingForm I-765.

…

[page 6]

6. Spouse of an E-2 Commonwealth ofNorthern Mariana Islands (CNMI)Investor--(c)(12). File Form I-765 withthe required evidence listed under SpecialFiling Instructions for Spouses of E-2CNMI Investors in the RequiredDocumentation section of theseInstructions.

1. You pay the filing fee;

2. You have a complete pending asylumapplication on file; and

3. You correctly mark your application asdescribed above. You must pay the filingfee for an initial EAD request. If youcannot pay the filing fee for an EAD, youmay apply for a fee waiver under 8 CFR103.7(c).

…

[page 7]

C. 24-Month Extension for STEMStudents (Students With a Degree inScience, Technology, Engineering, orMathematics)--(c)(3)(C). File Form I-765up to 90 days before the expiration of yourcurrent OPT, if you are requesting a 24-month STEM extension. Include evidencethe degree that is the basis for the STEMOPT extension is in one of the degreeprograms currently listed on the STEMDesignated Degree Program List.Additionally, submit the employer’s nameas listed in E-Verify, along with the E-Verify Company Identification Number, ora valid E-Verify Client CompanyIdentification Number for the employerwith whom you are seeking the 24-monthSTEM OPT extension. You must providethis information in Part 2., Item Numbers31.a. - 31.c., of Form I-765. You mustinclude a copy of the Form I-20 endorsedby the DSO within 60 days before filingForm I-765.

…

[page 10]

6. Spouse of an E-2 Commonwealth ofNorthern Mariana Islands (CNMI)Investor--(c)(12).


12

NOTE: If you are the spouse of a principalE-2 CNMI investor who obtained status onthe basis of a Foreign Retiree InvestmentCertification, you are not eligible foremployment authorization and cannot fileunder this category.

…

[page 8]

Do not select the “Yes” box for Part 2.,Item Number 30., on the application orsubmit documentation if you only have had

[moved here from page 27, “RequiredDocumentation” section]

Spouses of certain principal E-2 CNMIinvestors (E-2C) are eligible to seekemployment in the CNMI. An EAD issuedunder this category is only valid foremployment in the CNMI.

To determine if you are eligible for an EADunder this section, you must determinewhat type of investor certificate was issuedby the CNMI to your spouse, the principalE-2 CNMI investor. If your spouse wasissued either a Long-Term BusinessCertificate or Foreign InvestmentCertificate, you may be eligible for an EADunder this category. If your spouse wasissued a Foreign Retiree InvestmentCertification, you are not eligible to receivean EAD under this category.

File Form I-765 with:

A. Documentation (such as a marriagecertificate) establishing a legal marriage;B. Documentation (such as divorce ordeath certificates) establishing thetermination of any prior marriages of youand your spouse (if applicable);C. Documentation establishing that youreside in the CNMI;D. Documentation establishing that yourspouse has obtained E-2C status;E. Documentation establishing that youhave obtained E-2C status as a dependent;andF. A copy of your spouse’s CNMI issuedLong-Term Business Certificate or ForeignInvestment Certificate.

[no change]

…

[page 12]

Do not select the “Yes” box for Part 2.,Item Number 33., on the application orsubmit documentation if you only have had


13

minor traffic violations. Minor trafficviolations do NOT include violations thatare alcohol- or drug-related. If you wereARRESTED for any traffic offense, selectthe “Yes” box for Item Number 30. on theapplication and provide arrest anddisposition documentation so USCIS canproperly assess whether your arrest and/orconviction may impact your employmentauthorization eligibility.

…

[page 10]

Do not select the “Yes” box for Part 2.,Item Number 31.b., on the application orsubmit documentation if you only have hadminor traffic violations. Minor trafficviolations do NOT include violations thatare alcohol- or drug-related. If you wereARRESTED for any traffic offense, selectthe “Yes” box for Item Number 31.b. onthe application and provide arrest anddisposition documentation so USCIS canproperly assess whether your arrest and/orconviction may impact your employmentauthorization eligibility.

…

[page 12]

6. Parole--(c)(11). File Form I-765 with acopy of your Form I-94, passport, or othertravel document showing you were paroledinto the United States for urgenthumanitarian reasons or reasons ofsignificant public benefit (such as CubanFamily and Haitian Family ReunificationParole programs).

[new]

…

minor traffic violations. Minor trafficviolations do NOT include violations thatare alcohol- or drug-related. If you wereARRESTED for any traffic offense, selectthe “Yes” box for Item Number 33. on theapplication and provide arrest anddisposition documentation so USCIS canproperly assess whether your arrest and/orconviction may impact your employmentauthorization eligibility.

…

[page 14]

Do not select the “Yes” box for Part 2.,Item Number 34.b., on the application orsubmit documentation if you only have hadminor traffic violations. Minor trafficviolations do NOT include violations thatare alcohol- or drug-related. If you wereARRESTED for any traffic offense, selectthe “Yes” box for Item Number 34.b. onthe application and provide arrest anddisposition documentation so USCIS canproperly assess whether your arrest and/orconviction may impact your employmentauthorization eligibility.

…

[page 16]

6. Parole--(c)(11). File Form I-765 with acopy of your Form I-94, passport, or othertravel document showing you were paroledinto the United States for urgenthumanitarian reasons or reasons ofsignificant public benefit pursuant to INA212(d)(5) (such as Cuban Family andHaitian Family Reunification Paroleprograms).

NOTE: If you entered the eligibilitycategory (c)(11) AND you were paroledinto the United States on the basis ofhaving established a credible fear ofpersecution or torture pursuant to INA235(b)(1)(A), you are not eligible for eitherinitial or renewal employment authorizationunder the (c)(11) eligibility category.

…


14

A. You must file Form I-765 with Form I-821D, Consideration of Deferred Action forChildhood Arrivals, if you meet theguidelines described in the Form I-821DInstructions. Enter (c)(33) in Part 2., ItemNumber 27., as the eligibility categoryunder which you are applying.

…

A. You must file Form I-765 with Form I-821D, Consideration of Deferred Action forChildhood Arrivals, if you meet theguidelines described in the Form I-821DInstructions. Enter (c)(33) in Part 2., ItemNumber 30., as the eligibility categoryunder which you are applying.

…

Pages 16-19,Specific Instructions

[Page 16]

…

Item Number 1.a. Inital permission toaccept employment.

…

[Page 18]

Item Number 26. Student and ExchangeVisitor Information System (SEVIS)Number (if any). If you were issued aSEVIS number, enter it in the spaceprovided.

[new]

[Page 20]

…

Item Number 1.a. Initial permission toaccept employment.

…

[Page 22]

Item Number 26. Student and ExchangeVisitor Information System (SEVIS)Number (if any). If you were issued aSEVIS number, enter it in the spaceprovided.

Item Number 27. Lawful Entry. Select“Yes” if you entered the United Stateslawfully through a port of entry. Skip toItem Number 30. You must provideevidence of your lawful entry such as aForm I-94 or passport with entry stamp.

Select “No” if you did not enter the UnitedStates lawfully through a port of entry.Complete Item Numbers 28. and 29.a. -29.d.

NOTE: Eligibility for an EAD undercategory (c)(8) requires that your last entryinto the United States was lawful andthrough a port of entry. However, in limitedcircumstances, you may qualify for anexception to this requirement under 8 CFR208.7(a)(1)(iii)(F). In order for USCIS todetermine whether you qualify for anexception, you must complete ItemNumbers 28. and 29.a. - 29.d.

Item Number 28. Presenting yourself tothe Department of Homeland Security.Select “Yes” if you presented yourself to anofficer or agent from DHS within 48 hoursof your unlawful entry into the United


15

Item Number 27. Eligibility Category.Refer to the list of the eligibility categoriesin the Who May File Form I-765 sectionof these Instructions. Find your eligibilitycategory, and enter it in the space provided.

Item Numbers 28. - 28.c. (c)(3)(C)STEM OPT Eligibility Category. If you

States and expressed an intention to applyfor asylum or expressed a fear ofpersecution or torture. Presenting yourselfto DHS includes presenting yourself to anofficer or an agent from: U.S. Customs andBorder Protection, U.S. Border Patrol, U.S.Immigration and Customs Enforcement,U.S. Coast Guard, or U.S. Citizenship andImmigration Services.

Select “No” if you did not present yourselfto an officer or agent from DHS within 48hours of your unlawful entry into theUnited States and express an intention toapply for asylum or express a fear ofpersecution or torture.

Item Number 29.a. Date you presentedyourself to DHS. Provide the date that youpresented yourself to an officer or agentfrom DHS.

Item Number 29.b. Location where youpresented yourself to DHS. Provide thelocation where you presented yourself to anofficer or agent from DHS.

Item Number 29.c. Country of claimedpersecution. Provide the name of thecountry from which you fear persecution ortorture.

Item Number 29.d. Explanation of whyyou did not enter the United Stateslawfully through a port of entry. Youmust show good cause for failing to enterthe United States lawfully at a port of entry.See 8 CFR 208.7(a)(1)(iii)(F). Examples ofgood cause include, but are not limited to,needing immediate medical attention orfleeing imminent serious harm. Examplesthat do not constitute good cause include,but are not limited to, evasion of U.S.immigration officers, circumvention of theorderly processing of asylum seekers at aU.S. port of entry, or convenience.

Item Number 30. Eligibility Category.Refer to the list of the eligibility categoriesin the Who May File Form I-765 sectionof these Instructions. Find your eligibilitycategory, and enter it in the space provided.

Item Numbers 31.a. - 31.c. (c)(3)(C)STEM OPT Eligibility Category. If you


16

entered eligibility category (c)(3)(C) inItem Number 27., provide your degreelevel and major (for example, Bachelor’sdegree in English), your employer’s nameas listed in E-Verify, your employer’s E-Verify Company Identification Number, ora valid E-Verify Client CompanyIdentification Number in the spacesprovided.

Item Number 29. (c)(26) EligibilityCategory. If you entered eligibilitycategory (c)(26) in Item Number 27.,provide the receipt number of yourspouse’s most recent Form I-797 Notice forForm I-129, Petition for a NonimmigrantWorker, in the space provided.

Item Number 30. (c)(8) EligibilityCategory. If you entered the eligibilitycategory (c)(8) in Item Number 27.,provide an answer to the question “Haveyou have EVER been arrested for and/orconvicted of any crime?” If you answered“Yes” to Item Number 30., refer toSpecial Filing Instructions for ThoseWith Pending Asylum Applications (c)(8)in the Required Documentation section ofthe Instructions for information aboutproviding court dispositions.

Item Number 31.a. - 31.b. (c)(35) and(c)(36) Eligibility Category. If youentered the eligibility category (c)(35) or(c)(36) in Item Number 27., pleaseprovide the receipt number of your Form I-797 Notice for Form I-140 or the receiptnumber of your spouse’s or parent’s FormI-797 Notice for Form I-140. Provide ananswer to the question “Have you EVERbeen arrested for and/or convicted of anycrime?”

NOTE: If you answered “Yes” to ItemNumber 31.b., refer to Employment-Based Nonimmigrant Categories, Items8. - 9. in the Who May File Form I-765section of the Instructions for informationabout providing court dispositions.

…

entered eligibility category (c)(3)(C) inItem Number 30., provide your degreelevel and major (for example, Bachelor’sdegree in English), your employer’s nameas listed in E-Verify, your employer’s E-Verify Company Identification Number, ora valid E-Verify Client CompanyIdentification Number in the spacesprovided.

Item Number 32. (c)(26) EligibilityCategory. If you entered eligibilitycategory (c)(26) in Item Number 30.,provide the receipt number of yourspouse’s most recent Form I-797 Notice forForm I-129, Petition for a NonimmigrantWorker, in the space provided.

Item Number 33. (c)(8) EligibilityCategory. If you entered the eligibilitycategory (c)(8) in Item Number 30.,provide an answer to the question “Haveyou have EVER been arrested for and/orconvicted of any crime?” If you answered“Yes” to Item Number 33., refer toSpecial Filing Instructions for ThoseWith Pending Asylum Applications (c)(8)section of the Instructions for informationabout providing court dispositions.

Item Number 34.a. - 34.b. (c)(35) and(c)(36) Eligibility Category. If youentered the eligibility category (c)(35) or(c)(36) in Item Number 30., pleaseprovide the receipt number of your Form I-797 Notice for Form I-140 or the receiptnumber of your spouse’s or parent’s FormI-797 Notice for Form I-140. Provide ananswer to the question “Have you EVERbeen arrested for and/or convicted of anycrime?”

NOTE: If you answered “Yes” to ItemNumber 34.b., refer to Employment-Based Nonimmigrant Categories, Items8. - 9. in the Who May File Form I-765section of the Instructions for informationabout providing court dispositions.

…

Pages 19-22, RequiredDocumentation

[Page 19]

Required Documentation

[Page 19]

Required Documentation


17

…

Special Filing Instructions for ThoseWith Pending Asylum Applications--(c)(8).

[no changes]

[rest of this section moved up to the “Whomay File Form I-765? section]

Page 22, What Is theFiling Fee?

[Page 23]

Special Instructions for TPS Applicants.If you are requesting an EAD as an initialTPS applicant, you must pay the Form I-765 filing fee, unless you are under 14years of age or over 65 years of age. If youare a TPS beneficiary requesting an EADwhen filing for TPS re-registration, youmust pay the Form I-765 filing fee,regardless of your age.

[new]

[Page 23]

Special Instructions for TPS Applicants.If you are requesting an EAD as an initialTPS applicant, you must pay the Form I-765 filing fee, unless you are under 14years of age or over 65 years of age. If youare a TPS beneficiary requesting an EADwhen filing for TPS re-registration, youmust pay the Form I-765 filing fee,regardless of your age.

Special Instructions for Those WithPending Asylum Applications--(c)(8). Allapplicants for an initial, renewal, orreplacement EAD under the (c)(8)eligibility category must submitbiometrics and pay the $85 biometricservices fee. If you fail to appear for yourbiometric services appointment, you maybe ineligible for employment authorization.

Page 27, PaperworkReduction Act

[Page 27]

Paperwork Reduction Act

An agency may not conduct or sponsor aninformation collection, and a person is notrequired to respond to a collection ofinformation, unless it displays a currentlyvalid Office of Management and Budget(OMB) control number. The publicreporting burden for this collection ofinformation is estimated at 4 hours and 30minutes per response, including the timefor reviewing instructions, gathering therequired documentation and information,completing the application, preparingstatements, attaching necessarydocumentation, and submitting theapplication. The public reporting burden forthe collection of information for Form I-765WS is estimated at 30 minutes perresponse, including the time for reviewinginstructions, gathering the requireddocumentation and information, completingthe application, preparing statements,attaching necessary documentation, and

[Page 27]

Paperwork Reduction Act

An agency may not conduct or sponsor aninformation collection, and a person is notrequired to respond to a collection ofinformation, unless it displays a currentlyvalid Office of Management and Budget(OMB) control number. The publicreporting burden for this collection ofinformation is estimated at 5 hours and 15minutes per response, including the timefor reviewing instructions, gathering therequired documentation and information,completing the application, preparingstatements, attaching necessarydocumentation, and submitting theapplication. The public reporting burden forthe collection of information for Form I-765WS is estimated at 30 minutes perresponse, including the time for reviewinginstructions, gathering the requireddocumentation and information, completingthe application, preparing statements,attaching necessary documentation, and


18

submitting the application. Send commentsregarding this burden estimate or any otheraspect of this collection of information,including suggestions for reducing thisburden, to: U.S. Citizenship andImmigration Services, RegulatoryCoordination Division, Office of Policy andStrategy, 20 Massachusetts Ave NW,Washington, DC 20529-2140; OMB No.1615-0040. Do not mail your completedForm I-765 to this address.

submitting the application. Send commentsregarding this burden estimate or any otheraspect of this collection of information,including suggestions for reducing thisburden, to: U.S. Citizenship andImmigration Services, RegulatoryCoordination Division, Office of Policy andStrategy, 20 Massachusetts Ave NW,Washington, DC 20529-2140; OMB No.1615-0040. Do not mail your completedForm I-765 to this address.


table of changes – instructions form i-765, application

Documents