On January 23, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that certain asylum applicants can now file Form I-765, Application for Employment Authorization, online.

Effective immediately, applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement, may file Form I-765 online.

To apply for an Employment Authorization Document (EAD) based on your pending asylum application under the (c)(8) eligibility category, you may file Form I-765 150 days after you file your asylum application. The filing date is the date USCIS receives a properly filed Form I-589, Application for Asylum and Withholding of Removal, and can be found on your receipt notice.

To file Form I-765 online, you must first visit my.uscis.gov to create a USCIS online account. There is no cost to create an account. If you have previously filed a USCIS form online, you may use an existing USCIS online account.

Online filing for Form I-765 is only available to certain categories of Form I-765 applicants. If you submit Form I-765 online to apply for an EAD and you are not filing under an eligible category, USCIS may deny your application without refunding the fee.

Online Form I-765 can be filed under one of these categories:

• (a)(12) – Temporary Protected Status granted;
• (c)(3)(A) – F-1 student, pre-completion Optional Practical Training;
• (c)(3)(B) – F-1 student, post-completion Optional Practical Training;
• (c)(3)(C) – F-1 student, 24-month extension for science, technology, engineering, and mathematics (STEM) students;
• (c)(8) – Asylum application pending for a minimum of 150 days;
• (c)(11) – Paroled for urgent humanitarian or significant public benefit purposes; or
• (c)(19) – Certain pending TPS applicants whom USCIS has determined are prima facie eligible for TPS and who may then receive an EAD as a “temporary treatment benefit” under 8 C.F.R. 244.10(a).

We regularly update our blog section to acquaint the community with to latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.