Table of Changes - Instructions

TABLE OF CHANGES – INSTRUCTIONS
Instructions for Form I-765, Application For Employment Authorization
OMB Number: 1615-0040
10/26/2022
Reason for Revision: DACA Rule
Project Phase: OMBReview
Legend for Proposed Text:
 Black font = Current text
 Red font = Changes
Expires 01/31/2023
Edition Date 07/26/2022
Current Page Number
and Section
Page 1-19,
Who May File Form I765?

Current Text

Proposed Text

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Who May File Form I-765?

Who May File Form I-765?

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7. Consideration of Deferred Action for
Childhood Arrivals--(c)(33).

7. Consideration of Deferred Action for
Childhood Arrivals--(c)(33).

A. You must file Form I-765 with Form I821D, Consideration of Deferred Action for
Childhood Arrivals, if you meet the
guidelines described in the Form I-821D
Instructions. Enter (c)(33) in Part 3., Item
Number 1., as the eligibility category
under which you are applying.

You must file Form I-765 with Form I821D, Consideration of Deferred Action for
Childhood Arrivals, if you meet the
guidelines described in the Form I-821D
Instructions. Enter (c)(33) in Part 3., Item
Number 1., as the eligibility category
under which you are applying.

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(1) You must file Form I-765 Worksheet to
demonstrate that you have an economic
necessity to work. We will consider
whether you have an economic necessity to
work by reviewing your current annual
income, your current annual expenses, and
the total current value of your assets.
Provide this financial information on Form
I-765WS. If you would like to provide an
explanation, complete Part 3. Explanation

You must file Form I-765 Worksheet to
demonstrate that you have an economic
necessity to work. We will consider
whether you have an economic necessity to
work by reviewing your current annual
income, your current annual expenses, and
the total current value of your assets.
Provide this financial information on Form
I-765WS. If you would like to provide an
explanation, complete Part 3. Explanation

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of the worksheet. Supporting evidence is
not required, but USCIS will accept and
review any documentation that you submit.
You do not need to include other household
members’ financial information to establish
your own economic necessity.

of the worksheet. Supporting evidence is
not required, but USCIS will accept and
review any documentation that you submit.
You do not need to include other household
members’ financial information to establish
your own economic necessity.

(2) The filing fee for Form I-765 is based
on the Consideration of Deferred Action for
Childhood Arrivals category, and the
associated biometric services fee cannot be
waived. However, we may waive the
collection of certain biometrics.

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8. Final Order of Deportation or
Removal, including those granted
Deferral of Removal under the
Convention Against Torture--(c)(18).
File Form I-765 with a copy of the EOIR
IJ’s Order of Removal and Form I-220B,
Order of Supervision. Additional factors
that may be considered include, but are not
limited to, the following:
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Required
Documentation

Required Documentation

Required Documentation

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NOTE: If you are filing under the (c)(33)
category you are not required to submit
additional documentation beyond what you
submit with Form I-821D under 2. What
documents do you need to provide to
prove identity in the Evidence for Initial
Requests Only section of the Form I-821D
Instructions.

NOTE: If you are filing under the (c)(33)
category, you are not required to submit
additional documentation beyond what you
submit with Form I-821D under 2. What
documents do you need to provide to
prove identity in the Evidence for Initial
Requests Only section of the Form I-821D
Instructions.

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What Is the Filing Fee?

What Is the Filing Fee?

What Is the Filing Fee?

The filing fee for Form I-765 is $410.

[No change]

NOTE: The filing fee is not refundable,
regardless of any action USCIS takes on
this application. DO NOT MAIL CASH.
You must submit all fees in the exact
amounts.
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Special Instructions for TPS Applicants.
If you are requesting an EAD as an initial
TPS applicant, you must pay the Form I765 filing fee, unless you are under 14
years of age or over 65 years of age. If you
are a TPS beneficiary requesting an EAD
when filing for TPS re-registration, you
must pay the Form I-765 filing fee,
regardless of your age.
Special Instructions for Deferred Action
for Childhood Arrivals--(c)(33). All
requestors under this category must pay the
biometric services fee of $85. The
biometric services fee and the filing fee for
this application cannot be waived.

Special Instructions for Deferred Action
for Childhood Arrivals--(c)(33). The
filing fee for this application when filed
under the (c)(33) category cannot be
waived under 8 CFR 106.3.

Special Instructions for Beneficiaries of
an Approved Employment-Based
Immigrant Petition--(c)(35) and Spouses
or Children of a Principal Beneficiary of
an Approved Immigrant Petition-(c)(36). All applicants under these
categories must submit biometrics. An
additional biometric services fee of $85 is
required for applicants 14 to 79 years of
age, unless waived.

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Fee Waiver

Fee Waiver

You may be eligible for a fee waiver under
8 CFR 103.7(c). If you believe you are
eligible for a fee waiver, complete Form I912, Request for Fee Waiver (or a written
request), and submit it and any required
evidence of your inability to pay the filing
fee with this application. You can review
the fee waiver guidance at
www.uscis.gov/feewaiver.

You may be eligible for a fee waiver under
8 CFR 103.7(c), unless you are filing Form
I-765 under eligibility category (c)(33) as a
DACA requestor or recipient. If you
believe you are eligible for a fee waiver,
complete Form I-912, Request for Fee
Waiver (or a written request), and submit it
and any required evidence of your inability
to pay the filing fee with this application.
You can review the fee waiver guidance at
www.uscis.gov/feewaiver.

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