Uscis Form I-765 Instructions: Fill & Download for Free

Who It AffectsThis affects:all people enrolled on an F-1 visa or an M-1 visa for a post-secondary education in the US.all people applying for an F-1 visa or an M-1 visa for a post-secondary education in the US.It does not affect:People on an F-1 visa or an M-1 visa for kindergartern through twelfth grade (K-12) education.People on OPT (optional practical training) following graduation from an F-1 or M-1 visa program in receipt of an employment authorization document (EAD).People in the affected categories are students enrolled in full-time study at a US institution. This includes doctoral students, master’s students and undergraduate students.If you think you are affected by this rule, please contact your international student office immediately for guidance on its impact. This answer does not reflect legal advice or legal opinion regarding immigration ruling, nor should it be considered authoritative.How It Affects ThemPrior to COVID-19 lockdown efforts in the States, for most F-1 students, at most one of their courses could be an online or distance-learning course, which is defined by US regulations as… a course that is offered principally through the use of television, audio, or computer transmission including open broadcast, closed circuit, cable, microwave, or satellite, audio conferencing, or computer conferencing.[1]If the F-1 student was in a language program, none of these courses could be online.On March 9th, 2020, as most universities transitioned all courses to a fully-remote online format following COVID-19, the U.S. Immigration and Customs Enforcement agency relaxed this requirement. This allowed international students to remain in the US and finish their existing courses for the spring semester during a worldwide pandemic.ICE has always held that this is a temporary measure. In the July 6th press release, they formally announced a partial reversion to the status quo, stating:International students attending schools that intend to operate fully remotely (with no in-person classes offered) must return to their home countries.Prospective students will be denied visas to these institutions.Existing students at these institutions will not be permitted re-entry to the States for the fall semester.International students at schools that intend to operate in-person classes (i.e. the way things were before lockdown) will not experience anything different.International students at schools that intend to operate on a hybrid model — some courses remote, some courses in-person — are allowed to take more than one online course if they are not studying a language course.However, they cannot take just online courses. At least one course they take must be in-person. They must still take the minimum number of courses required by F-1 regulations to count as a full-time student.Students studying a language course at these institutions may not take any online courses.If, at any point in the fall semester, all courses become online, international students must leave the country.This can be the case if universities have to announce an emergency transition to remote, as occurred during March.Scope of Impact8% of US universities are planning to operate fully remotely this fall.[2]Approximately 60% are planning for in-person, 23% have announced a hybrid model, and another 8% are still deciding / prepared for different scenarios.8% fully-remote translates to approximately 86 colleges out of a tracked total of 1,075 colleges. International students from these places will be barred from the States for the fall session.The list of fully-remote colleges includes Harvard, all schools under the California State University umbrella, Swarthmore, the University of Southern California, and some of the University of California systems (notably UCLA).Approximately 872,000 currently enrolled students will be affected by this announcement (assuming 2018-2019 numbers are equivalent for 2020–2021). There is no data for how many prospective students will be affected.This is not a number for how many students will have to leave the country prior to the fall semester — this is just the total number of F-1 and M-1 students enrolled currently subject to this ruling.Assuming a judicious average of 1,000 international students at these 8% of institutions, we can say that 86,000 international students may be forced to depart the States prior to fall resumption.Important Downwind EffectsGiven the current status of the coronavirus pandemic in the US, many students may opt for a leave of absence to avoid the volatility of a possible emergency transition and a forced evacuation. This can delay their graduation.Students whose last term is the fall semester may be partly impacted as they apply for post-completion OPT.It is standard advice to not travel prior to receiving a employment authorization document (EAD) for OPT as re-entry to the States is barred without the same - should an emergency transition force relocation before the document can be received, students on OPT would not be able to re-enter the States.Per offline conversation with Brian Bi: “8 CFR 214.2(f)(11)(B) specifies the time period during which the OPT application may be filed. The USCIS form I-765 instructions say that: "Certain foreign nationals who are in the United States may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD).”This seems to cause an issue: if the student can't be in the US at all during the appropriate period, there won't be any period when they're eligible to apply. “Finally, this forces the hand of schools that are still waiting for events to unfold. It is now more likely that schools will choose to favour a hybrid option or stay in-person to avoid the impact on their international student body.Footnotes[1] Electronic Code of Federal Regulations (eCFR)[2] Harvard is keeping classes online this fall, placing it among the 8% of US colleges planning to do so. Here's the list so far.

I think you are confusing yourself with the purpose of each petition type. I-130 is the immigrant petition for an Alien Relative by a US Citizen or a Permanent Resident. This is the first step where you are seeking an approval from USCIS to QUALIFY a relative to immigrate to the US. Once USCIS approves the petition, you will have to file the I-485 petition to adjust the beneficiary's status. I-765 allows you to simulataneously apply for temporary work privileges while the I-485 application is pending. Based on special directives from USCIS, some immigrant petition categories can file the I-130, I-485 and I-765 concurrently if the beneficiary is already in the US legally on another non-immigrant visa.Here are the general instructions posted on the USCIS website on who qualifies for filing an I-765 -https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf?download=1So to answer your question, I-765 is not an automatic benefit of filing I-130. The I-130 needs to be approved first before you can petition USCIS with the I-765 when you file an I-485. In the case you filed all of the above concurrently, USCIS will not adjudicate until the decision for the I-130 is reached.Good luck.

I may not want to miss even a single document from the list hence pasting a link below which is a step by step guide for obtaining H4 EADhttp://www.immihelp.com/h4-visa-ead/documents.htmlEligibility RequirementsYou are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; orHas been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.How to ApplyYou must file Form I-765 and receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working.While USCIS currently is continuing to accept the older version of Form I-765 with an edition date of 05/27/08 or later, we encourage H-4 applicants to use the newer version with an edition date of 02/13/15 in order to prevent delays or the need for USCIS to issue you a request for evidence.Carefully follow these steps to prevent your application from being rejected and returned to you:Complete Form I-765 using the Instructions for Form I-765. USCIS will reject any application that is not accompanied by the proper filing fees or signature. The fee is $380. You cannot file Form I-765 for category (c)(26) together with a Form I-485, Application to Register Permanent Residence or Adjust Status at the Lockbox address for Form I-765 category (c)(26). If filing a Form I-485, you must follow the Form I-485 filing instructions and submit your Form I-485 to the correct filing address for that form. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). Note: If you are filing Form I-765 together with Form I-485 at the USCIS location noted for Form I-485, you should specify your work eligibility category as (c)(9) and pay only the Form I-485 filing fee (and not the Form I-765 filing fee) to avoid processing delays.Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.Evidence of…Can be shown by submitting…Your H-4 statusA copy of your most recent Form I-797, Notice of Action, for Form I-539, Application to Extend/Change Nonimmigrant Status; orA copy of Form I-94, Arrival/Departure Record, showing your admission or extension of stay as an H-4 nonimmigrant.A government-issued identification document with photoA copy of your last EAD (if any);A copy of the biometric page of your passport;A birth certificate with photo ID;A visa issued by a foreign consulate; orA national identity document with photo.Your relationship to theH-1B nonimmigrantA copy of your marriage certificate.Your basis for eligibilityEvidence that the H-1B nonimmigrant is the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140).You may show this by submitting a copy of the H-1B nonimmigrant’s Form I-797 approval notice for Form I-140;OREvidence that the H-1B nonimmigrant has received an extension of stay under AC21 sections 106(a) and (b).You may show this by submitting:1. A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and2. Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay:Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B nonimmigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the expiration of the six-year limitation of stay. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B nonimmigrant’s Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification;ORBased on a Pending Form I-140. If the preference category sought for the H-1B nonimmigrant does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B nonimmigrant’s Form I-140 was filed at least 365 days prior to the expiration of the six-year limitation of stay and remains pending. You may show this by submitting a copy of the Form I-797 Notice of Receipt for Form I-140.Examples of Secondary Evidence. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for work authorization as an H-4 spouse. For example, such information may include the receipt number of the H-1B nonimmigrant's most current Form I-129 extension of stay request or the receipt number of the H-1B nonimmigrant's approved Form I-140 petition. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization.Photos for card productionTwo identical two-by-two-inch passport-style color photographs of yourselfHope this helps