Client Alert!
USCIS introduced a PDF filing option for certain applicants seeking an Employment Authorization Document (EAD). Eligible applicants now may upload a completed Form I-765, Application for Employment Authorization, along with required evidence, in PDF format using their USCIS online account. Eligible applicants also may file a completed Form I-912, Request for Fee Waiver, with their application using the PDF filing option. This is the first time they are accepting fee waiver requests electronically filed via USCIS online accounts.
Initially, the PDF filing option will be available only for Form I-765 applicants in the following categories:
- (a)(12): Granted Temporary Protected Status (TPS);
- (c)(8): Asylum application pending filed on or after Jan. 4, 1995;
- (c)(9): Certain family-based and employment-based applicants pending adjustment of status under Section 245 of the Immigration and Nationality Act;
- (c)(11): Parolee; and
- (c)(19): Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit.”
If you are applying for a (c)(9) Pending Adjustment of Status category of Form I-765 that is fee exempted, do not submit your application through the PDF filing option at this time. If you file Form I-765 for the (c)(9) category, you will be required to pay a fee or submit a fee waiver request. If you are fee exempt and proceed with paying the fee and submitting your application through the PDF filing option, USCIS will not issue you a refund. If you are filing under a fee exempt category, you should mail a paper Form I-765 to the address on the Direct Filing Addresses for Form I-765, Application for Employment Authorization website to receive the fee exemption.
The following (c)(9) categories are exempt from a filing fee for Form I-765:
- Special Immigrant Juveniles seeking to adjust status;
- T nonimmigrants seeking to adjust status under the Immigration and Nationality Act (INA) section 245(l);
- Persons seeking adjustment of status as a Special Immigrant Iraqi or Afghan national;
- Persons seeking adjustment of status as an abused spouse and children under the Cuban Adjustment Act or the Haitian Refugee Immigration Fairness Act;
- U nonimmigrants seeking to adjust status under INA section 245(m);
- Persons seeking adjustment of status as a Violence Against Women Act self-petitioner (including derivatives); and
- Refugees, persons paroled as refugees, or lawful permanent residents who obtained status as refugees.
Applications using the PDF filing option will have the same case management functionality in USCIS online accounts as those submitted through our existing e-filing workflow (for example, case status updates, receipt of Requests for Evidence, and decision notices). Although the new option expands filing options for applicants, individuals may still file paper application packages with USCIS by mail.
Click the link for more information.
