Form I-765 Explained: Who Can Get Work Authorization in the United States and What the Requirements Are

Foreign nationals who want to settle in the United States with work authorization have several ways to do so, either through the Permanent Resident Card or other alternatives.

Among the options that can be processed with the U.S. Citizenship and Immigration Services (USCIS) in order to work legally in the United States is Form I-765, known as the Application for Employment Authorization, through which the Employment Authorization Document (EAD) is obtained.

Form I-765: Who can apply?

The United States establishes several eligibility categories. The most common are:

• Refugees and certain family members.
• Asylum applicants or beneficiaries.
• People with Temporary Protected Status (TPS) if their country’s designation is currently in effect.
• People with temporary permission to stay whose category allows them to request work authorization (Parole).
• Applicants for adjustment of status to obtain permanent residence.
• Some F-1 students.
• Certain spouses of H-1B visa holders.
• People with applications or statuses linked to T and U visas, VAWA, or other humanitarian programs.
• DACA beneficiaries who meet the current requirements.
• Certain beneficiaries of employment-based residence petitions who face urgent circumstances.

To apply, you must indicate an eligibility code, which can be checked on the official USCIS website.

Form I-765 cannot be used if there is no prior immigration basis.

The United States allows legal stay with work authorization: How do you obtain Form I-765?

To obtain the Employment Authorization Document, the following steps must be followed:

1. Complete the form, either online or on paper.
2. Attach documents proving identity and immigration status, such as photographs.
3. Pay the applicable fee or request a waiver if the category allows it.
4. Submit the application at the corresponding address or through the USCIS website.
5. Attend a biometrics appointment if USCIS requires it.
6. Wait for the decision. If the application is approved, USCIS issues the EAD.

What other paths exist to obtain a work permit?

Form I-765 is not necessary in all cases; you can also choose:

• Temporary visa tied to an employer, such as H-1B, H-2A, H-2B, L-1, O-1, P, and R.
• Authorization derived from status for people whose immigration classification already allows it.
• Permanent residence: the green card proves work authorization without needing to apply for an EAD.
• Employment-based residence for those who apply under categories such as EB-1, EB-2, and EB-3.
• Programs for F-1 students: they are allowed to access on-campus employment or curricular practical training.
• Humanitarian visas such as asylum, refugee status, TPS, DACA, T and U visas, and other protections.