Employment Immigration: What Happens After Filing for an Employment Authorization Document?

Introduction

Filing Form I-765, Application for Employment Authorization, is an important step for many immigrants seeking permission to work in the United States. After filing, USCIS reviews the application and may request additional information before making a decision. Understanding the general process can help applicants know what to expect while their application is pending.

What Happens After You File Form I-765?

After USCIS receives a properly filed Form I-765, it generally issues a receipt notice containing a case receipt number. This number can be used to monitor the application through USCIS’s online case-status system. Applicants should keep the receipt notice and other filing records for their files. USCIS also provides processing-time information that can help applicants determine whether their case may be taking longer than expected.

Depending on the circumstances, USCIS may request additional evidence, original documents, biometrics, or an interview. If USCIS sends a Request for Evidence (RFE), the applicant should carefully review the notice and respond within the required timeframe. USCIS ultimately evaluates whether the applicant qualifies for employment authorization under the category requested on Form I-765.

What Happens When USCIS Makes a Decision?

If USCIS approves the application, the applicant will generally receive an Employment Authorization Document (EAD), which serves as evidence of employment authorization for the applicable period. USCIS states that an approved EAD may be mailed to the applicant or, in some circumstances, made available for pickup. Applicants should make sure USCIS has their current mailing address so important notices and documents are not missed.

If the application is denied, USCIS will provide a written notice explaining the basis for the decision. The appropriate next step can depend on the reason for the denial and the immigration category involved. Applicants should also remember that filing an I-765 does not, by itself, guarantee approval or establish employment authorization.

Conclusion

The period after filing an employment authorization application can involve waiting, case-status updates, requests for additional evidence, and eventually a decision. Keeping copies of all filings and USCIS notices and monitoring the case can help applicants stay informed throughout the process.

This article provides general information about the employment authorization process and is not legal advice. Immigration rules and procedures can vary depending on an individual’s circumstances and eligibility category. If you have questions about a pending or future EAD application, consider consulting a qualified immigration attorney about your specific situation.