Her Migrant Rights

Learn about the Asylum Seeking Process and Your Rights in NYC

Employment Authorization

Fill out form I-765 online at USCIS.gov or by mail.
Who can apply for an Employment Authorization Document (EAD)?
Asylee/Refugee Categories (and their Spouses and Children)
  • Refugees
  • Paroled as a Refugee
  • Asylee
  • Granted Withholding of Deportation or Removal
  • Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement
Nationality Categories
  • Citizen of Micronesia, the Marshall Islands, or Palau
  • Deferred Enforced Departure (DED)
  • Temporary Protected Status (TPS)
Refugee

If an initial EAD was not submitted with your arrival to the U.S.

File for an I-765 form with a copy of one of the following documents:

● stamped Form I-94 (Arrival-Departure Record);

● Final Notice of Eligibility for Resettlement (approval letter); or

● Form I-797 Notice approving your derivative refugee status based on a Form I- 730, Refugee/Asylee Relative Petition (if approved while in the United States). NOTE: If you were admitted as a refugee and have applied under the Immigration and Nationality Act (INA) section 209 to adjust to lawful permanent resident status using Form I-485, Application to Register Permanent Residence or Adjust Status, file Form I- 765 under category (a)(3) as a refugee. Do not file Form I-765 under eligibility category (c)(9) as an INA section 245 adjustment applicant.

Paroled as a Refugee

File for the I-765 form with a copy of your Form I-94, passport, or travel document.

Note: Commonwealth of the Northern Mariana Islands (CNMI), and other humanitarian or significant public benefit parolees (such as Cuban Family and Haitian Family Reunification Parole programs), should file under the category (c)(11), not as a refugee under (a)(4).

Asylee

File Form I-765 with one copy of one of the following:

  • your stamped Form I-94 indicating asylee status;
  • a USCIS Asylum approval letter;
  • an order granting asylum signed by an Executive Office for Immigration Review (EOIR) immigration judge (IJ); or
  • a Form I-797 Notice approving your derivative asylee status based on a Form I-730 (if approved while in the United States).
Granted Withholding of Deportation or Removal

File Form I-765 with a copy of the EOIR IJ’s signed order granting withholding of deportation or removal.

Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement

TPS

File Form I-765 with your Form I-821, Application for Temporary Protected Status, or evidence that we accepted or approved your initial Form I-821. Include evidence of your nationality and identity as required by the Form I-821 Instructions.

If you do not have internet access, you may call the USCIS Contact Center at 1-800-375-5283 (TTY 1-800-767-1833) and ask that we mail a form to you. The USCIS Contact Center provides information in English and Spanish.

How To Apply

Online
  1. Go to USCIS.gov and create an account.
  2. Select File a From
  3. Select the I-765 Application for Employment Authorization.
  4. Check that you fall under the categories for online filing.
  5. Start Form, and you will be prompted to a small filing guide.
  6. Complete the questions in all the sections.
  7. Review and submit. If you file online, you will be able to track your case status, receive notifications, update personal information, and upload evidence.
Mail
  • Make sure that the form revision date is from 10/31/22.
  • Use black ink only
  • If you need additional space, use the Part 6. Additional Information section

Fill out Parts 1-6 Mail it to USCIS Elgin Lockbox

Using U.S. Postal Service (USPS):

USCIS Attn: NFB P.O. Box 4115
Carol Stream, IL 60197-4115

Using FedEx, UPS, and DHL deliveries:

USCIS Attn: NFB (Box 4115)
2500 Westfield Drive Elgin, IL 60124-7836

Overall

You must submit the following documents.

➔ A copy of at least one of the following documents:

  • Form I-94
  • Arrival-Departure Record (front and back)
  • A printout of your electronic Form I-94, passport, or other travel document.
  • If you are filing Form I-765 under the (c)(9) category, copies of any of the above are not required.

➔ A copy of your last EAD (front and back). If you were not previously issued an EAD, you must submit a copy of a government-issued identity document (such as a passport) showing your picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint. The identity document photocopy must clearly show your facial features and contain your biographical information.

➔ Photographs- You must submit two identical color passport-style photographs of yourself taken recently. The two identical passport-style photos must be 2 by 2 inches. The photos must be in color with a full face, frontal view, on a white to off-white background.

Filing Fee

There is a filing fee of $410, You may be exempt from paying the filing fee.

You must also pay an $85 biometric services fee if you are filing with 1 of the following eligibility categories:

  • (c)(35) A beneficiary of an approved employment-based immigrant petition and you are facing compelling circumstances;
  • (c)(36) A spouse or unmarried dependent child of a beneficiary of an employment-based immigrant petition who is facing compelling circumstances;
  • or (c)(37) An applicant for Commonwealth of the Northern Mariana Islands (CNMI) long- term resident status. This category is not eligible for a fee waiver.
Exceptions
Initial EAD

If this is your initial application and you are applying under one of the following categories, a filing fee is not required for:

  1. (a)(3) Refugee;
  2. (a)(4) Paroled as Refugee;
  3. (a)(5) Asylee;
  4. (a)(7) N-8 or N-9 nonimmigrant;
  5. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
  6. (a)(10) Granted Withholding of Deportation;
  7. (a)(16) Victim of Severe Form of Trafficking (T-1 Nonimmigrant);
  8. (a)(12) or (c)(19) Temporary Protected Status if you are filing an initial TPS application and you are under 14 years of age or over 65 years of age. All applicants for TPS re-registration who want an EAD must pay the filing fee, unless granted a fee waiver;
  9. (a)(19) Victim of Qualifying Criminal Activity (U-1 Nonimmigrant);
  10. (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
  11. (c)(8) Applicant for Asylum and Withholding of Deportation and Removal (an applicant filing under the special ABC procedures must pay the filing fee);
  12. (c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed Form I- 485 on or after July 30, 2007, and paid the appropriate Form I-485 filing fee (c)(31) VAWA Self-Petitioner.
Renewal EAD

If this is a renewal application and you are applying under one of the following categories, a filing fee is not required for:

  1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
  2. (a)(10) Granted Withholding of Deportation;
  3. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
  4. and (c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed for adjustment of status on or after July 30, 2007, and paid the appropriate Form I-485 filing fee.
Payments by Check or Money Order

Use the following guidelines when you prepare your check or money order for the Form I-765 filing fee:

  1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and
  2. Make the check or money order payable to U.S. Department of Homeland Security.

NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”

Medicaid Eligibility Checker

Social Security Number Status

Do you have a Social Security Number (SSN) or are you in the process of applying for one?