Eligible applicants use Form I-765, Application for Employment Authorization, to apply to USCIS for an Employment Authorization Document (EAD). Find official information on the current edition of Form I-765 on the USCIS Form I-765 page. This NAFSA page tracks developments to the form.
Form I-765 Developments
Final Fee Rule
The current base fee of the form is $410. On October 2, 2020, the final USCIS fee rule will raise the I-765 base fee to $550.
Form revision/extension of OMB authorization
The form edition date is the date at the bottom of the page on the form and instructions.
The current edition of Form I-765 is dated 08/25/20. The 08/25/20 edition of Form I-765 must be used for all EAD applications postmarked on or after August 25, 2020 and before October 2, 2020.
A yet to be published 10/02/20 edition of Form I-765 will be required for all applications postmarked on or after October 2, 2020. Preview versions of the 10/02/20 edition of the form and form instructions are available now on the Form I-765 launch page. Filers should not mail that version of the form until October 2, 2020! USCIS will reject the filing if it was postmarked before October 2, 2020. For example, if the 10/02/20 edition is postmarked on 10/01/20 but USCIS received it on 10/02/20, USCIS would properly reject the application. For those who use courier services like FedEx, etc., a September 2, 2020 USCIS Policy Alert states, "For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), USCIS considers the date on the courier receipt as the postmark date for purposes of filing." That is to say, for courier services it is the date that the carrier receives the package from the sender, as recorded by the carrier, that constitutes the postmark date for this purpose.
The USCIS Form I-765 page states:
"On or after Oct. 2, 2020, to apply for employment authorization, you must use the updated edition of Forms I-765 and I-765WS.
What to Know About Sending Us Your Forms I-765 and I-765WS
If you send the 12/26/19 edition (which is the old edition):
- We will not accept this edition if it is postmarked on or after Aug. 25, 2020.
If you send the 08/25/20 edition (which is the current edition):
- We will accept this edition if it is postmarked on or after Aug. 25, 2020.
If you send the 10/02/20 edition (which is the new edition):
- This form has not yet published and is available in preview mode only, so you have an opportunity to see what it looks like.
- We will not accept this edition if it is postmarked before Oct. 2, 2020.
- This edition will be the only acceptable edition for forms postmarked on or after Oct. 2, 2020."
Two lawsuits have been filed against the USCIS fee rule. Both ask for a preliminary injunction to block implementation of the rule before it takes effect.
- Immigrant Legal Resource Center et al. v. Chad F. Wolf, et al., Case No. 3:20-cv-05883 (Northern District of California District Court). A hearing on the preliminary injunction has been scheduled for September 25, 2020 and it is hoped that a decision on the preliminary injunction will be rendered before October 2. Read the complaint filed by AILA on behalf of the plaintiffs.
- Northwest Immigrant Rights Project et al. v. USCIS et al, case # 1:19-cv-03283, District Of Columbia District Court, Second Amended and Supplemental Complaint for Declaratory and Injunctive Relief, filed August 29, 2020. Read the complaint.
An applicant who plans to mail or ship their application on or shortly before or after October 2 should verify the current status of the lawsuits and their impact on which form version and fee to file, **prior to mailing it**.