Skip to main content

USCIS proposes changes to Form I-765, Application for Employment Authorization

  1. Date Announced

    Jan. 16, 2020

    USCIS requests comments regarding proposed changes to Form I-765, Application for Employment Authorization. The changes are largely non-substantive changes, though USCIS does propose to allow applicants to include a safe mailing address and provides clarifying instructions regarding spouses of certain principal E-2 CNMI investors (E-2C) who may be eligible to seek employment authorization, among other proposed changes. [ID #981]

    View Policy Document View Policy Document View Policy Document View Policy Document
  3. Subsequent Action

    June 30, 2020

    OMB approved this information collection request (with change) with an expiration date of 6/30/22, however, these changes have not yet gone into effect.

    OMB approved this information collection request
  4. Subsequent Action

    August 3, 2020

    On August 3, 2020, USCIS published a final rule that significantly increases certain immigration and naturalization benefit request fees. The rule, which will be effective October 2, 2020, also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing. Any application, petition, or request postmarked on or after October 2, 2020, must be accompanied with the fees set forth in the final rule. In addition, the final rule introduces revised forms, including a 10/02/20 edition of Form I-765. For I-765 applications submitted on or after 10/02/20, USCIS will only accept the 10/02/20 edition of Form I-765.

    Final Rule Significantly Altering USCIS Fee Schedule
  5. Subsequent Action

    August 25, 2020

    On June 26, 2020, USCIS announced a final rule modifying DHS’s regulations governing asylum applications, interviews and eligibility for employment authorization based on a pending asylum application. The final rule will be effective Aug. 25, 2020. Effective Aug. 25, 2020, applicants for an initial or renewal employment authorization document under the (c)(8) eligibility category must submit biometrics and pay the biometric services fee. There are also new questions applicants must complete based on a pending asylum application. USCIS will only accept the new 08/25/20 edition of Form I-765 if postmarked on or after August 25, 2020.

    8/25/20 edition of Form I-765
  6. Subsequent Action

    September 11, 2020

    On September 11, 2020, in the case Casa de Maryland, Inc., et al. v. Wolf, et al., the U.S. District Court for the District of Maryland preliminarily enjoined the defendants from enforcing a subset of the asylum employment authorization document (EAD) rule changes, which went into effect on August 21, 2020, and August 25, 2020, as applied to the individual members of two of the plaintiffs, Casa de Maryland, Inc. (CASA) and Asylum Seeker Advocacy Project (ASAP). All other asylum-based I-765 applications are still subject to the current rules, in effect August 25, 2020. Those who are members of the two affected organizations must use the August 25, 2020 version of Form I-765, but they benefit from the limited injunctive relief.

    Casa de Maryland, Inc., et al. v. Wolf, et al., 9/11/20
  7. Subsequent Action

    September 29, 2020

    On Sept. 29, 2020, the U.S. District Court for the Northern District of California in Immigration Legal Resource Center et al., v. Wolf, et al. preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule, including a new edition of Form I-765 (10/02/2020 edition). While the rule is preliminarily enjoined, USCIS will continue to: 1. Accept USCIS forms with the current editions and current fees; and 2. Use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator's Field Manual (AFM) Chapters 10.9 (PDF, 2.87 MB) and 10.10. This means that the 08/25/2020 version of Form I-765 currently remains in effect.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    District Court Issues Preliminary Injunction Halting Implementation of USCIS Fee Rule

We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.