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The U.S. government, under the Donald Trump administration, is keeping in place a process that allows certain immigrants to obtain legal authorization to work in the country. The process is handled through Form I-765, which is used to request the Employment Authorization Document (EAD).
The benefit is intended for foreign nationals in specific immigration categories, including asylum seekers who meet the required deadlines, beneficiaries of Temporary Protected Status (TPS), certain international students and people awaiting a decision on their application for permanent residence.
To qualify for the permit, applicants must complete all steps in the process, including meeting USCIS eligibility requirements and submitting the required documentation, among others.
Who Can Get Work Authorization in the United States Through Form I-765
USCIS recognizes several categories of foreign nationals who may apply for an Employment Authorization Document. They include:
- Refugees: people whom the U.S. has granted this immigration status.
- Asylees: foreign nationals whose asylum applications were approved.
- Asylum applicants: people with a pending case who meet the deadlines and conditions for requesting work authorization.
- TPS beneficiaries: foreign nationals who have been granted Temporary Protected Status or who qualify to apply for it and request work authorization.
- People with a pending adjustment of status: certain immigrants who filed Form I-485 to apply for permanent residence.
- Foreign students on F-1 visas: those who qualify to work through practical training programs, such as OPT or STEM OPT.
- Current DACA recipients: people who qualify to renew their work authorization through the proper process.
There are also other categories, such as certain spouses of foreign workers and relatives of people with special visas. It is important to note that refugees and people who have already been granted asylum are authorized to work based on their immigration status, with the EAD card serving as proof of that authorization.
However, for other categories, approval is required before they can start working. Asylum applicants may file Form I-765 after 150 days have passed since they submitted their asylum application. To receive authorization, they must wait at least 180 days.
What Requirements and Documents Immigrants Must Submit to Apply for Work Authorization
Foreign nationals who want work authorization must show that they belong to one of the USCIS-approved categories. To do so, they must submit the form I-765 along with proof of their immigration status.
The documents that may be requested include:
- Identification document: copy of a passport, travel document or other photo ID.
- U.S. entry record: copy of Form I-94, where applicable.
- Previous work permit: copy of the EAD card, if the person has already received one.
- Photographs: two recent passport-style photos, when required.
- Proof of eligibility: documents showing immigration status, such as an asylum approval, TPS proof or evidence that a permanent residence application is pending.
- Academic documents: for certain foreign students, Form I-20 signed by the designated school official (DSO).
The required documents depend on the eligibility category, and if the supporting documents are in another language, they must be accompanied by a full English translation and a translator’s certification confirming their accuracy.