Dec 13, 2024
Form I-765, officially known as the "Application for Employment Authorization," allows eligible non-citizens to apply for an Employment Authorization Document (EAD card)—sometimes informally referred to as a “work permit”. Some categories of applicants who may submit an application are asylum seekers, Deferred Action for Childhood Arrivals (DACA) recipients, and many others with specific visa statuses or pending applications that permit employment.
That being said, managing Form I-765 submissions can be demanding for immigration lawyers, primarily due to the high volume of cases and the complex eligibility criteria that vary by client.
This article will address these challenges by offering practical solutions, resources, and strategies tailored to help every immigration practice streamline their handling of I-765 applications, reduce mistakes, and ensure efficiency.
Let’s review the I-765 categories and eligibility, documentation requirements, fees, and processing times to help you guide your clients through this application easily.
The eligibility categories for Form I-765 cover a wide assortment of immigration statuses:
Employment authorization varies by immigration status. Some noncitizens, such as H-1B visa holders, are authorized to work based on their status alone, without the need to apply for an EAD. Others—like certain students performing OPT—need an EAD. Understanding these distinctions helps attorneys advise clients accurately.
Form I-765 applications require:
As of April 1, 2024, the filing fee is $520 for paper submissions and $470 for online applications. Applicants who qualify for financial hardship may submit Form I-912, Request for Fee Waiver, to reduce or eliminate the fee.
Form I-765 processing time depends on the applicant’s eligibility category and the specific United States Citizenship and Immigration Services (USCIS) service center. As I-765 processing time ranges from several weeks to a few months, immigration lawyers should consult the USCIS Case Processing Times tool regularly to provide accurate expectations for clients.
Refer to the most updated I-765 form (as of October 2024) to ensure that you are using the most recent form. Outdated forms are one of the most common reasons for application delays.
After confirming that you have the correct form, refer to the steps below to ensure proper completion.
Fill out Form I-765 meticulously—ensuring all sections are completed with consistent and accurate information. Under “Reason for Applying,” indicate whether the client is applying for initial permission, renewal, or replacement. Verify that personal details such as the client’s name, mailing address, and date of birth match their official documents. Also pay particular attention to the eligibility category, as even small mistakes can delay processing. If an interpreter or preparer is involved, their information and signatures must be fully completed to meet USCIS requirements.
When preparing to file I-765, gather all necessary documents required to support the client’s application. This typically includes proof of identity (such as a valid passport) and evidence of immigration status (like an I-94 Arrival/Departure Record or visa approval notice). Include two recent passport-style photos that meet USCIS specifications. Depending on the eligibility category, additional documents such as Form I-20 for F-1 students applying for OPT may be required.
Finally, submit the completed application package to the appropriate USCIS lockbox facility as detailed in the instructions plus the I-765 fee ($410). For eligible categories, filing online through the USCIS portal is an option that offers guided steps, which helps reduce errors and provide immediate confirmation of receipt. After submission, monitor the application status using the receipt number.
Below are a few of the most recurring errors that immigration attorneys encounter during the submission of clients' Form I-765 applications. Identifying these mistakes and implementing preventive strategies can streamline the application process and reduce delays.
Form I-765 tracking is crucial for timely updates and proactive client communication.
Attorneys can create USCIS online accounts for efficient I-765 tracking. These accounts provide real-time updates, allow for electronic submissions, and facilitate direct communication with USCIS.
The USCIS Case Status Online tool enables attorneys to check the status of clients' applications using receipt numbers. Features include case status updates, processing times, and the ability to sign up for email notifications, keeping attorneys informed of any changes.
For case inquiries, attorneys should use the USCIS Contact Center, which offers phone and online assistance. When contacting USCIS, it's essential to have all relevant case information readily available and to document communications for future reference.
Another great method for I-765 tracking is using immigration case management software which informs attorneys during each step of the application process. These tools also consolidate all immigration form and case information in a single location, provide reminders for deadlines, facilitate communication with clients, and enhance overall case management. Tracking in I-756 within immigration case management software allows lawyers to consolidate tools and centralize all case information in one place, streamlining workflows and reducing the risk of oversight.
Navigate the complexities of I-765 applications with these practical tips to help streamline the process and secure successful outcomes for clients.
Thoroughly reviewing every I-765 application is critical to avoid errors that could delay processing or lead to denials. Attorneys should verify all elements of the application, including accurate personal information, the appropriate eligibility category, complete supporting documentation, valid signatures, and correct payment details. A comprehensive review ensures the application meets the requirements set by U.S. Citizenship and Immigration Services and avoids unnecessary issues.
Then, attorneys should double-check all information provided by the client against official documents like passports, prior notices, and any related immigration paperwork. Missing or inconsistent information can trigger delays or denials. In cases where discrepancies exist, include a clear and concise explanation along with supporting evidence to minimize confusion or follow-up requests from USCIS.
Of course, timely submission and response are key to avoiding delays in processing. Attorneys should maintain a reliable calendaring system to track deadlines for filing, responses, and any additional submissions. For RFEs, it’s important to provide detailed, accurate, and well-organized responses within the required time frame, addressing every point USCIS raises.
For those who want to streamline the process, the online filing option for Form I-765 is an efficient alternative to paper filing. The digital system offers step-by-step guidance to help applicants avoid common mistakes, provides immediate confirmation of receipt, and allows for easier application status tracking.
In addition to that, lawyers can also see the latest Form I-765 instructions.
Automation can significantly improve the efficiency and accuracy of completing I-765 forms. By leveraging advanced tools such as Smart Forms, attorneys can streamline workflows and effortlessly populate client information across multiple forms. A single multilingual questionnaire intelligently gathers the necessary client data and auto-completes all required fields across a variety of immigration forms, ensuring consistency and reducing manual errors. This allows attorneys to focus on higher-value tasks, such as strategy and client consultation.
Docketwise streamlines the completion and filing of Form I-765 by automating form filling— reducing manual data entry, minimizing errors, and saving time.
Additionally, its centralized document storage keeps all client files organized and readily accessible, ensuring that important documents are never misplaced. To help lawyers stay on top of deadlines, the platform provides automated reminders and notifications.
Docketwise also enhances the client experience through secure client portals, allowing clients to access their case information and documents with ease. With real-time updates and streamlined, secure communication, the platform builds trust and improves collaboration between lawyers and their clients.
Moreover, Docketwise supports overall practice management with tools for case tracking, productivity analytics, and seamless integration with other essential systems—creating a smooth and efficient workflow for immigration law firms.
Experience the benefits of Docketwise’s features firsthand by booking a demo.
