---
title: "Form I-765 application for employment authorization"
url: "https://ailawframework.com/precedents/immigration-and-migration-law/us-i-765"
type: "precedent"
site: "AI Law Framework"
id: "a30-us-i-765"
area_id: "A30"
kind: "form"
ai_level: "red"
version: 1
task_ids: ["A30-T1-R10", "A30-P20260916-2"]
law_stated_as_at: "2026-10-22"
---

# Form I-765 application for employment authorization

> Link to Form I-765, edition 21 August 2025. A 14 September 2026 order keeps that edition in use and keeps USCIS from accepting the 15 September 2026 edition. The applicant certifies the form under penalty of perjury.

Canonical page: https://ailawframework.com/precedents/immigration-and-migration-law/us-i-765  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Immigration & Migration Law](https://ailawframework.com/precedents/immigration-and-migration-law.md)
- Jurisdictions: United States
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at uscis.gov and the 4 authorities it cites, for United States.

## When to use it

Use when a person requests an employment authorisation document, or a card showing work already authorised by status. The category in Question 27 decides eligibility, timing and the filing address. Download the current form from uscis.gov.

## Used for these tasks

- [Build a visa-condition and bridging or interim-visa checklist](https://ailawframework.com/practice/immigration-and-migration-law/build-a-visa-condition-and-bridging-or-interim-visa-checklist.md)
- [Reconcile a visa evidence pack with successful uploads](https://ailawframework.com/practice/immigration-and-migration-law/reconcile-a-visa-evidence-pack-with-successful-uploads.md)

## How AI may be used

The applicant certifies Form I-765 under penalty of perjury, so the tool writes no category, no date and no answer that would be filed.

**AI may:**

- Compare the edition on a draft with the edition the form page says USCIS is accepting
- List the eligibility category the lawyer has already written in Question 27, and the address page that category uses
- Calculate a reminder from an expiry date the file already records, using the 180-day and 90-day figures the form page states, and label the result as the page's recommendation rather than a deadline found in a statute

**AI must not:**

- Must not choose the eligibility category or write the basis for it
- Must not write any answer, employer fact or immigration history
- Must not state a fee, including any inflation-adjusted figure
- Must not say that a renewal will be backdated or postdated to the end of the current card

**The lawyer checks:**

- The page says that, pursuant to the 14 September 2026 order, USCIS continues to accept the 08/21/25 edition of Form I-765 and the 08/28/24 edition of Form I-539, and is not accepting the 09/15/26 edition of either form
- That order is described on the page as postponing the effective date of the fixed-time-period final rule in Presidents' Alliance on Higher Education and Immigration v. DHS, 26-cv-13799 (D. Mass.). Read the alert rather than this note
- Question 27 is the eligibility category. Addresses depend on the reason and the category, on the I-765 addresses page
- The page recommends filing a renewal up to 180 days before the current card expires, and also says to file at least 90 days before expiration. It says USCIS generally does not backdate or postdate a renewal card to the end of the current validity period
- Category (c)(9) is filed with Form I-485 or, if separate, with a copy of the I-485 receipt or other evidence that I-485 is pending. Category (c)(8) waits 150 days after the asylum application, and a further 30 days before issuance. Category (c)(26) may be filed with Form I-539 and the H-1B spouse's Form I-129
- Fees, including the inflation adjustment effective 16 October 2026 that the page describes, come from the current fee schedule. Do not send originals unless the instructions or regulations specifically request them

## Authorities

- [USCIS, Form I-765, Application for Employment Authorization, edition 08/21/25, page opened 22 October 2026](https://www.uscis.gov/i-765)
- [Form I-765 (PDF)](https://www.uscis.gov/sites/default/files/document/forms/i-765.pdf)
- [USCIS direct filing addresses for Form I-765](https://www.uscis.gov/i-765-addresses)
- [USCIS fee schedule (G-1055)](https://www.uscis.gov/g-1055)

## Official form

[Official form](https://www.uscis.gov/i-765)

## Where this comes from

The official form is published by uscis.gov; this page is a completion guide. Last checked on 2026-10-22.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/immigration-and-migration-law/us-i-765 and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*