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  I-765 EMPLOYMENT AUTHORIZATION

What is INS I-765 Application?

Form I-765; Application for Employment Authorization, is used by certain aliens temporarily in the U.S. to request an Employment Authorization Document (EAD).  An Employment Authorization Agreement is an approved Form I-688, I-688A or I-688B as evidence that you are authorized to work in the U.S. If you are authorized to work in the U.S. without restrictions, you use this form to apply to the INS for a document showing such authorization. Review the ELIGIBILITY CATEGORIES below to see if you should use this form. The National Visa Service Legal Department can prepare and submit the application if you are presently in the U.S. in status.

What are the Requirements for From I-765?

Form I-765 requires evidence that you belong to any ONE of the following ELIGIBILITY CATEGORIES:

        You are an Applicant for Adjustment of Status to Permanent Residence.  You file Form I-765 together with Form I-485 or after your I-485 has been filed with the INS.

        You have (or ARE in) Temporary Protected Status (TPS)

        You are a Dependent of a G-1, G-3, or G-4 Nonimmigrant

        You are Paroled in the Public Interest

        You have filed Adjustment Application Based on Continuous Residence Since January 1, 1972

        You are applying for Temporary Protected Status (TPS) Temporary Treatment Benefits. File EAD with Form I-821, TPS application

        You are a Deferred Action

        You have been Granted Withholding of Deportation.  You do not have to apply for a new EAD until 90 days before the expiration of your current EAD

        You are a Dependent of an A-1 or A-2 Foreign Government Official

        You are an Applicant for Suspension of Deportation

        If you are subject to a Final Order of Deportation.  You may request employment authorization based on, but not limited to, economic necessity to be employed and/or existence of dependent children and/or spouse in the U.S. who rely on you for support and the anticipated length of time before you can be removed from the U.S.

        You are aB-1 Nonimmigrant who is the personal or domestic servant of a nonimmigrant employer.

        You are a B-1 Nonimmigrant Domestic Servant of a U.S. Citizen

        You are aB-1 Nonimmigrant Employed by a Foreign Airline

        You are a M-1 Student Seeking Practical Training after Completing Studies

        If you are subject to a Deferred Enforced Departure (DED/Extended Voluntary Departure

        You are a Refugee

        You have been Paroled as a Refugee

        You are a K-1 Nonimmigrant Fianc茅 of a U.S. Citizen or K-2 Dependent.  File your EAD application if you are filing within 90 days from the date of entry.  This EAD cannot be renewed.  Any EAD other than for replacement must be based on your pending application for adjustment.

        You are a N-8 or N-9 Nonimmigrant

        You are an F-1 Student Seeking Off-Campus Employment under the Sponsorship of a Qualifying International Organization

        You are an Asylee, (granted asylum).  It is not necessary to apply until 90 before the expiration of your current EAD.

        You are an F-1 Student Seeking Optional Practical Training in an Occupation Directly Related to Studies.

        You are a J-2 Spouse or Minor Child of an Exchange Visitor.  A statement in writing with any supporting information showing that your employment is not necessary to support the

        You are an Asylum Applicant (with a pending asylum application) who Filed for Asylum on or after January 4, 1995. If you filed a Form I-589, Request for Asylum and for Withholding of Deportation, on or after January 4, 1995, you must wait at least 150 days before you are eligible to apply for an EAD.  If you file early, it will be denied and you will have to file a new application.

        You are a Dependent of CCNAA E-1 Nonimmigrant

        You are an Asylum Applicant (with a pending asylum application) who Filed an Initial Request for Asylum prior to January 4, 1995 and is in Exclusion or Deportation Proceedings.

        You are citizen of Micronesia or the Marshall Islands or Palau.  If you were admitted to the U.S. as a citizen of the Federated States of Micronesia (CFA/FSM) or of the Marshall Islands (CFA/MIS) pursuant to agreements between the U.S. and other trust territories.

        You are a Dependent of NATO Personnel

        Asylum Applicant under the ABC Settlement Agreement.  If you are a Guatemalan or El Salvadorian national eligible for benefits under the ABC settlement agreement.

        You are subject to the Family Unity Program.  The INS may take up to 90 days from the date upon which you are granted status under the Family Unity Program to decide on your EAD application.

 How Long Is the EAD Valid?

The EAD is usually valid for one year and may be renewed, unless specified otherwise.

What is The National Visa Service Legal Department fee?

The fee is $600, which includes the INS processing fees.

To hire a National Visa Service Attorney to help you get this visa now:


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