A. B-1 Nonimmigrant Who Is the Personal or Domestic Servant of a Nonimmigrant Employer–(c)(17)(i). File Form I-765 with:

(1) Evidence from your employer that he or she is a B, E, F, H, I, J, L, M, O, P, R, or TN nonimmigrant and you were employed for at least 1 year by the employer before the employer entered the United States, or your employer regularly employs personal and domestic servants and has done so for a period of years before coming to the United States; and (2) Evidence that you have either worked for this employer as a personal or domestic servant for at least 1 year, or evidence that you have at least 1 year experience as a personal or domestic servant; and (3) Evidence establishing that you have a residence abroad that you have no intention of abandoning.

B. B-1 Nonimmigrant Domestic Servant of a U.S. Citizen–(c)(17)(ii). File Form I-765 with:(1) Evidence from your employer that he or she is a U.S. citizen; and(2) Evidence that your employer has a permanent home abroad or is stationed outside the United States and is temporarily visiting the United States or the citizen’s current assignment in the United States will not be longer than 4 years; and(3) Evidence that he or she has employed you as a domestic servant abroad for at least 6 months prior to your admission to the United States.

C. B-1 Nonimmigrant Employed by a Foreign Airline–(c)(17)(iii). File Form I-765 with a letter from the airline fully describing your duties and stating that your position would entitle you to E nonimmigrant status except for the fact that you are not a national of the same country as the airline or because there is no treaty of commerce and navigation in effect between the United States and that country.

D. Spouse of an E-1/E-2 Treaty Trader or Investor–(a)(17) or Spouse of an E-3 Certain Specialty of Occupation Professional from Australia. File Form I-765 with evidence of your lawful status and evidence you are a spouse of a principal E-1/E-2, such as your Form I-94, and a copy of the principal’s visa, and your marriage certificate. (Other relatives or dependents of E-1/E-2 aliens who are in E status are not eligible for employment authorization and may not file under this category.)

E. Spouse of an L-1 Intracompany Transferee–(a)(18). File Form I-765 with evidence of your lawful status and evidence you are a spouse of a principal L-1, such as your Form I-94, and a copy of the principal’s visa and your marriage certificate. (Other relatives or dependents of L-1 aliens who are in L status are not eligible for employment authorization and may not file under this category.)

F. Spouse of an E-2 CNMI Investor–(c)(12). File Form I-765 with evidence of your lawful status and evidence you are a spouse of a principal E-2 CNMI Investor, and a copy of the principal E-2 CNMI Investors long-term business certificate or Foreign Investment Certificate. (Please note that spouse of a principal E-2 CNMI Investor who obtained status on the basis of a Foreign Retiree Investment Certification is not eligible for employment authorization and may not file under this category.)

G. Spouse of an H-1B Nonimmigrant–(c)(26). File Form I-765 along with documentation of your current H-4 admission or extension of stay. You must also submit documentation establishing either that the H-1B principal has an approved Immigrant Petition for Alien Worker (Form I-140), or that your current H-4 admission or extension of stay was approved pursuant to the principal H-1B nonimmigrant’s admission or extension of stay based on sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act (AC21). For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539. You may also file Form I-765 at the same time as Form I-539 and Form I-129, Petition for a Nonimmigrant Worker. Please see the USCIS website at www.uscis.gov/I-765 for the most current information on where to file this benefit request.  

• (1) Proof of Your Status. Submit a copy of your current Form I-797 approval notice for Form I-539 or Form I-94 showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay; and
• (2) Proof of Relationship to the Principal H-1B. Submit a copy of the marriage certificate for you and the principal H-1B nonimmigrant. If you cannot submit a copy of your current Form I-797, Form I-94, or marriage certificate, USCIS will consider secondary evidence.
• (3) Basis for Work Authorization. Acceptable documentation includes:

(a) Approved Form I-140. Submit evidence that the H-1B principal is the beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140). You may show this by submitting a copy of the H-1B principal’s Form I-797 approval notice for Form I-140; or

(b) H-1B Principal Received AC21 106(a) and (b) Extension. Submit evidence that the principal H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 106(a) and (b). You may show this by submitting copies of the H-1B principal’s passports, prior Forms I-94, and current and prior Forms I-797 for Form I-129. In addition, please submit evidence to establish one of the following bases for the H-1B extension of stay:

Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B principal is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the date the period of admission authorized under AC21 106(a) and (b) takes effect. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B principal’s Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, you must also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification; or

Based on a Pending Form I-140. If the preference category sought for the principal H-1B spouse does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B principal’s Form I-140 was filed at least 365 days prior to the date the period of admission authorized under AC21 106(a) and (b) takes effect. You may show this by submitting a copy of the Form I-797 Notice of Receipt for Form I-140.

  (4) Secondary Evidence. If you do not have the evidence listed in 1, 2, or 3 above, you may ask USCIS to consider other evidence (“secondary evidence”) in support of your application for employment authorization as an H-4 spouse. For example, in establishing the Basis for Employment Authorization as described in 3a and 3b, you may submit the receipt number of the H-1B principal’s most current Form I-129 extension of stay or the receipt number of the H-1B principal’s approved Form I-140 petition.

H. Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances–(c)(35). File Form I-765 with documents showing that you are eligible for an initial grant or a renewal of employment authorization under the (c)(35) eligibility category.

Initial Application: If this is your first application for compelling circumstances employment authorization under the (c)(35) eligibility category, and an immigrant visa number is not yet available to you, you may be eligible if:

(1) You have a Form I-140 approved on your behalf;

(2) You are in the United States in a valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status; and

(3) You face compelling circumstances. See the Supporting Evidence by Principal section for more information regarding what documents to submit with your application, including additional requirements where you have been convicted of certain crimes.

  Renewal Application: If you already have employment authorization under the (c)(35) eligibility category, you may be eligible for renewal if:

(1) You have a Form I-140 approved on your behalf;

(2) You face compelling circumstances and an immigrant visa is not authorized for issuance based on your priority date according to the relevant Final Action Date in the Department of State Visa Bulletin in effect on the date the application for a renewal of employment authorization is filed; OR

The difference between your priority date and the Final Action Date for your preference category and country of chargeability is one year or less according to the Department of State Visa Bulletin in effect on the date your renewal application is filed. This means that your priority date cannot be more than 1 year earlier or 1 year later than the Department of State cut-off date in the Visa Bulletin applicable to your preference category and country of chargeability in effect on the date your renewal application is filed. If this is the basis for your renewal application, you are not required to show compelling circumstances; AND

(3) You file your renewal application on Form I-765 with USCIS before your current employment authorization expires.You are not required to be in a valid nonimmigrant status when you file your renewal application.

K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent–(a)(6). File Form I-765 if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under (c)(9).

K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent–(a)(9). File Form I-765 along with evidence of your admission such as copies of your Form I-94, passport, and K visa.

Family Unity Program–(a)(13). If you are filing for initial or extension of Family Unity benefits, complete and submit Form I-817, Application for Family Unity Benefits, according to the filing instructions on Form I-817. An EAD will be issued if your Form I-817 is approved; you do not need to submit Form I-765. If your non-expired Family Unity EAD is lost or stolen, file Form I-765 with proper fee(s), along with a copy of your approval notice for Family Unity benefits, to request a replacement.

LIFE Family Unity–(a)(14). If you are applying for initial employment authorization under Family Unity provisions of section 1504 of the LIFE Act Amendments, or an extension of such authorization, you should not use this form. Obtain and complete Form I-817, Application for Family Unity Benefits. If you are applying for a replacement EAD that was issued under LIFE Act Amendments Family Unity provisions, file Form I-765 with the required evidence listed in the Required Documentation section of these Instructions.

V-1, V-2, or V-3 Nonimmigrant–(a)(15). If you have been inspected and admitted to the United States with a valid V visa, file this application along with evidence of your admission, such as copies of your Form I-94, passport, and K visa. If you have been granted V status while in the United States, file this application along with evidence of your V status, such as an approval notice. If you are in the United States but you have not yet filed an application for V status, you may file this application at the same time as you file your application for V status. USCIS will adjudicate this application after adjudicating your application for V status.

A. N-8 or N-9 Nonimmigrant–(a)(7). File Form I-765 with the required evidence.

B. Granted Withholding of Deportation or Removal–(a)(10). File Form I-765 with a copy of the Immigration Judge’s order. It is not necessary to apply for a new EAD until 90 days before the expiration of your current EAD.

C. Applicant for Suspension of Deportation–(c)(10). File Form I-765 with evidence that your Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA)), or Form EOIR-40, is pending.

D. Paroled in the Public Interest–(c)(11). File Form I-765 if you were paroled into the United States for emergent reasons or reasons strictly in the public interest.

E. Deferred Action–(c)(14). File Form I-765 with a copy of the order, notice, or document reflecting the exercise of deferred action. To determine your eligibility for work authorization, you must establish economic necessity. USCIS will consider whether you have an economic need to work by reviewing your current annual income, your current annual expenses, and the total current value of your assets. Provide this financial information on Form I-765WS, Form I-765 Worksheet. If you would like to provide an explanation, complete Part 3. Explanation, of the worksheet. It is not necessary to submit supporting documentation, though it will be accepted and reviewed if you choose to submit it.

F. Consideration of Deferred Action for Childhood Arrivals–(c)(33). (1) You must file Form I-765 with Form I-821D if you meet the guidelines described in the Form I-821D Filing Instructions. Enter (c)(33) in Item Number 20. as the letter and number of the category for which you are applying.

(a) To determine your eligibility for work authorization, you must establish economic necessity. USCIS will consider whether you have an economic need to work by reviewing your current annual income, your current annual expenses, and the total current value of your assets. Provide this financial information on Form I-765WS, Form I-765 Worksheet. If you would like to provide an explanation, complete Part 3. Explanation, of the worksheet. It is not necessary to submit supporting documentation, though it will be accepted and reviewed if you choose to submit it. You do not need to include other household member’s financial information to establish your own economic necessity.

(b) USCIS will not begin adjudicating Form I-765 if filed together with Form I-821D until USCIS has decided whether to defer action in your case.

(c) The fee for Form I-765 filed based on the Consideration of Deferred Action for Childhood Arrivals category cannot be waived. Biometric collection and the biometric services fee for Form I-765 based on the Consideration of Deferred Action for Childhood Arrivals category is also required and cannot be waived.

  (2) If U.S. Immigration and Customs Enforcement (ICE) deferred action on your case, file a stand-alone Form I-765 with a copy of the order, notice, or document reflecting the exercise of deferred action. To determine your eligibility for work authorization, you must establish economic necessity. USCIS will consider whether you have an economic need to work by reviewing your current annual income, your current annual expenses, and the total current value of your assets. Provide this financial information on Form I-765WS, Form I-765 Worksheet. If you would like to provide an explanation, complete Part 3. Explanation, of the worksheet. It is not necessary to submit supporting documentation, though it will be accepted and reviewed if you choose to submit it. You do not need to include other household member’s financial information to establish your own economic necessity. When completing the Form I-765:

(a) Enter “Unlawful Status: Deferred Action for Childhood Arrivals by ICE” for Item Number 19.

(b) Enter (c)(33) in Item Number 20. as the letter and number of the category for which you are applying.

G. Final Order of Deportation–(c)(18). File Form I-765 with a copy of the order of supervision and a request for employment authorization that may be based on but not limited to the following:

(1) Existence of a dependent spouse and/or children in the United States who rely on you for support; (2) Existence of economic necessity to be employed; and (3) Anticipated length of time before you can be removed from the United States.

H. LIFE Legalization Applicant–(c)(24). File Form I-765 together with your Form I-485, Application to Register Permanent Residence or Adjust Status, to facilitate processing. However, you may file Form I-765 at a later date with evidence that you were a CSS, LULAC, or Zambrano class member applicant before October 1, 2000, and with a copy of the receipt notice or other evidence that your Form I-485 is pending.

I. T-1 Nonimmigrant–(a)(16). If you are applying for initial employment authorization as a T-1 nonimmigrant, file Form I-765 only if you did not request an employment authorization document when you applied for T nonimmigrant status. If you have been granted T nonimmigrant status and this is a request for a renewal or replacement of an employment authorization document, file Form I-765 along with evidence of your T nonimmigrant status, such as an approval notice.

J. T-2, T-3, or T-4 Nonimmigrant–(c)(25). File Form I-765 with a copy of your T-1 (principal alien’s) approval notice and proof of your relationship to the T-1 principal.

K. U-1 Nonimmigrant–(a)(19). If you are applying for initial employment authorization as a U-1 nonimmigrant, file Form I-765 only if you did not request an employment authorization document when you applied for U nonimmigrant status. If you have been granted U nonimmigrant status and this is a request for a renewal or replacement of an employment authorization document, file Form I-765 along with evidence of your U nonimmigrant status, such as an approval notice.

L. U-2, U-3, U-4, or U-5–(a)(20). If you obtained U nonimmigrant status while in the United States, you must submit a copy of the approval notice for your U nonimmigrant status. If you were admitted to the United States as a U nonimmigrant, you must submit a copy of your passport with your U nonimmigrant visa.

M. VAWA Self-Petitioners–(c)(31). If you are the principal beneficiary or qualified child of an approved VAWA self-petition, you are eligible for work authorization. File Form I-765 with evidence of your status, such as a copy of Form I-360 approval notice. Additionally, you may file Form I-765 together with your initial VAWA self- petition.

A. F-1 Student Seeking Optional Practical Training (OPT) in an Occupation Directly Related to Studies: (c)(3)(A)–Pre-completion Optional Practical Training; (c)(3)(B)–Post-completion Optional Practical Training; (c)(3)(C)–24-month Extension for STEM (Students With a Degree in Science, Technology, Engineering, or Mathematics) Optional Practical Training. File Form I-765 with a Certificate of Eligibility of Nonimmigrant (F-1) Student Status (Form I-20 A-B/I-20 ID) timely endorsed by a Designated School Official (DSO) (DSO’s recommendation within the past 30 days for Post-Completion OPT and 60 days for the 24-month STEM OPT extension). If you are requesting a 24-month STEM OPT extension under the eligibility code (c)(3)(C), you must submit a copy of your degree and the employer’s name as listed in E-Verify, along with the E-Verify Company Identification Number, or a valid E-Verify Client Company Identification Number for the employer with whom you are seeking the 24-month OPT extension. You must provide this information in Item Number 21. of the form.

B. F-1 Student Offered Off-Campus Employment Under the Sponsorship of a Qualifying International Organization–(c)(3)(ii). File Form I-765 with the international organization’s letter of certification that the proposed employment is within the scope of its sponsorship, and a Certificate of Eligibility of Nonimmigrant (F-1) Student Status — For Academic and Language Students (Form I-20 A-B/I-20 ID) endorsed by the Designated School Official within the past 30 days 

C. F-1 Student Seeking Off-Campus Employment Due to Severe Economic Hardship–(c)(3)(iii). File Form I-765 with Form I-20 A-B/I-20 ID, Certificate of Eligibility of Nonimmigrant (F-1) Student Status — For Academic and Language Students, and any evidence you wish to submit, such as affidavits, that detail the unforeseen economic circumstances that cause your request, and evidence that you have tried to find off-campus employment with an employer who has filed a labor and wage attestation.

D. J-2 Spouse or Minor Child of an Exchange Visitor–(c)(5). File Form I-765 with a copy of your J-1 (principal alien’s) Certificate of Eligibility for Exchange Visitor (J-1) Status (Form IAP-66). You must submit a written statement with any supporting evidence showing that your employment is not necessary to support the J-1 but is for other purposes.

E. M-1 Student Seeking Practical Training After Completing Studies–(c)(6). File Form I-765 with a completed Form I-539, Application to Change/Extend Nonimmigrant Status, according to the filing instructions for Form I-539. You must also include Form I-20 M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status — For Vocational Students endorsed by the Designated School Official within the past 30 days, with your application.

A. Citizen of Micronesia, the Marshall Islands, or Palau–(a)(8). File Form I-765 if you were admitted to the United States as a citizen of the Federated States of Micronesia (CFA/FSM), the Marshall Islands (CFA/MIS), or Palau under agreements between the United States and the former trust territories.

B. Deferred Enforced Departure (DED)/Extended Voluntary Departure–(a)(11). File Form I-765 with evidence of your identity and nationality. 

C. Temporary Protected Status (TPS)–(a)(12) and (c)(19). A category (a)(12) EAD is issued to an individual granted TPS under 8 CFR 244. A category (c)(19) EAD is a temporary treatment benefit under TPS pursuant to 8 CFR 244.5. To request an EAD based on TPS, file Form I-765 with Form I-821, or with evidence that your initial Form I-821 was accepted or approved. Include evidence of nationality and identity as required by the Form I-821 instructions. If you are requesting extension of TPS status, also include a copy (front and back) of your last available TPS document: EAD, Form I-94, or approval notice. To register for TPS, you must file a Form I-765 with Form I-821, Application for Temporary Protected Status, for each applicant, regardless of age, even if you are not requesting employment authorization. No fee is required for Form I-765 filed as part of TPS registration. (Form I-821 has separate fee requirements.) If you have been granted TPS by an immigration judge (IJ) or the Board of Immigration Appeals (BIA) and are requesting your first EAD, you must submit evidence of your IJ or BIA grant of TPS with your application for an EAD along with a copy of your Form I-821 application that the IJ or BIA approved. You must also follow the instructions for filing your application as described in the most recent TPS Federal Register notice regarding a TPS designation or extension for your country. As further instructed in those notices, once you receive your Form I-797 application receipt notice, you must also send an email to tpsijgrant.vsc@dhs.gov with the following information: Your name; your A number; your date of birth; the receipt number for your application; and the date you were granted TPS.

D. NACARA Section 203 Applicants Who Are Eligible to Apply for NACARA Relief With USCIS–(c)(10). See the instructions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal, to determine if you are eligible to apply to USCIS for NACARA 203 relief. If you are eligible, you may file a Form I-765 with the Form I-881. See Instructions to Form I-881 for filing location. If you file the Form I-765 separately from the Form I-881, see the Where to File section of these Instructions. Your response to Item Number 20. on the Form I-765 must be “(c)(10).” 

E. Dependent of TECRO E-1 Nonimmigrant–(c)(2). File Form I-765 with the required certification from the American Institute in Taiwan if you are the spouse or unmarried dependent son or daughter of an E-1 employee of the Taipei Economic and Cultural Representative Office.

A. Dependent of A-1 or A-2 Foreign Government Officials–(c)(1). Submit Form I-765 with Form I-566, Interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status, Dependent Employment Authorization, through your diplomatic mission to the Department of State (DOS). The DOS will forward all favorably endorsed applications directly to the Nebraska Service Center for adjudication.

B. Dependent of G-1, G-3 or G-4 Nonimmigrant–(c)(4). Submit Form I-765 with Form I-566, Interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status, Dependent Employment Authorization, through your international organization to the Department of State (DOS). (In New York City, the United Nations (UN) and UN missions should submit such applications to the United States Mission to the UN (USUN)). The DOS or USUN will forward all favorably endorsed applications directly to the Nebraska Service Center for adjudication.

C. Dependent of NATO-1 Through NATO-6–(c)(7). If you are a dependent of a NATO nonimmigrant who is stationed at Supreme Allied Command Transformation (SACT), NATO/HQ, submit Form I-765 with Form I-566, Interagency Record of Request-A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/ from A, G, or NATO Status, Dependent Employment Authorization, to: USLO to NATO/HQ SACT 7857 Blandy Road, Suite 200, Norfolk, VA 23551-2491 If you are a dependent of a NATO nonimmigrant who is stationed outside of NATO/HQ SACT, submit Form I-765 with Form I-566, to the Defense Attaché’s Office at the embassy of the NATO member that employs the principal alien. For more details on NATO member embassy contacts and on documents required, visit the DOS website www.state.gov/ofm under the topic “Dependent Work Authorization.” If you have questions regarding the process or document requirements, email OFM-EAD@state.gov.