The Immigration Law Group assists individuals and companies in the U.S. to secure proper working permits. That involves a procedure that is different from essentially all other applications filed at the USCIS because a potential employer needs to advertise the position in the American press, in conformity with the law, to make sure that the position cannot be fulfilled by an American resident, already in the country.
The following is the excerpt from the official publication of USCIS, providng strict instructions how to obtain an employment authorization.
Application for Employment Authorization
Purpose of Form :
Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other aliens who are authorized to work in the United States without restrictions should also used this form to apply for a document evidencing such authorization.
Number of Pages :
Instructions: 12; Form: 1.
Edition Date :
04/08/08. The 07/30/07 edition will be accepted only until 07/08/08. No other editions accepted.
Where to File :
Please see Special Instructions.
Filing Fee :
$340
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
Foreign Students:
The eligibility code for an F-1 student seeking optional practical training (OPT) has been changed.
The eligibility code (c)(3)(i) will no longer be used and has been replaced with the following three codes: (c)(3)(A) for pre-completion OPT, (c)(3)(B) for post-completion OPT, and (c)(3)(C) for a 17-month extension for an F-1 student who has received a degree in Science, Technology, Engineering, or Mathematics (STEM), that appears on the STEM designated Degree Program List published on the SEVP website available through the Related Links on this page.
If you are a STEM student requesting 17-month extension of your currently authorized optional practical training, you must also submit a copy of your degree reflecting the conferred degree as well as your major field of study. In addition, the employer with whom you are seeking the 17-month OPT extension must be registered in E-Verify. Accordingly, you must list the employer's E-Verify Company Identification Number or a valid E-Verify Client Company Identification Number in Item 17 of the Form I-765. Please refer to the section on Foreign Students in the form instructions.
The eligibility codes (c)(3)(ii) and (c)(3)(iii) are unchanged and remain in use.
Electronic Filing:
Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.
Where to File:
Please review the Chart listed in "Related Links" in the upper right corner of this web page, or the Form I-765 instructions available at the bottom of the page, for information on where to file your Form I-765.
Note on Filing Fee:
If you are in one of the categories noted below, no fee is required.
If filing for an initial EAD under one of these categories:
Refugee, asylee or paroled as a refugee;
N-8 or N-9 Nonimmigrant;
Citizen of Micronesia, Marshall Islands, or Palau;
Granted Withholding of Deportation;
Deferred Enforced Departure;
Dependent of certain foreign government or international organization personnel; or,
Applicant for asylum (applicant filing under special ABC procedures must pay the fee however).
If filing for a renewal EAD under one of these categories:
Citizen of Micronesia, Marshall Islands, or Palau;
Granted Withholding of Deportation;
Deferred Enforced Departure; or,
Dependent of certain foreign government or international organization personnel.
If you are filing for a replacement EAD, and you are a dependent of certain foreign government or international organization personnel, no fee is required to file this form.
If you are filing this application concurrently with Form I-485, Application for Permanent Residence, no fee is required to file this form. As of 07/30/07, if you file your Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, as a receipt of evidence for the filing of your I-485.
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
This page can be found at http://www.uscis.gov/i-765
Download Instructions for Completing Form I-765 (1032KB PDF)
Download I-765 (1190KB PDF)
Last updated: 04/08/2008
Working in U.S., Work Permits
