Key Takeaways
• Starting April 1, 2024, Form I-765 requires a separate $260 fee from Form I-485 filing.
• Applicants filing I-485 before April 1, 2024, can apply for I-765 later without extra fees.
• USCIS changed fees policy to cover processing costs; combined payments may cause rejection.
Understanding Separate Filing Fees for Form I-765 When Filing After Form I-485
Applying for permanent residence in the United States 🇺🇸 is a major step for many immigrants. The process often involves several forms, including Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-765 (Application for Employment Authorization), commonly known as the work permit application. Many people wonder if they need to pay a separate filing fee for Form I-765 if they did not submit it at the same time as their initial Form I-485. This guide explains the rules, requirements, and practical steps for handling these forms, especially after recent changes in U.S. Citizenship and Immigration Services (USCIS) fee policies.
What Are Form I-485 and Form I-765?
Form I-485 is the application used by people in the United States 🇺🇸 to apply for a green card, which gives them lawful permanent resident status. This form is for those who are eligible to adjust their status without leaving the country.
Form I-765 is the application for a work permit, officially called an Employment Authorization Document (EAD). This document allows applicants to work legally in the United States 🇺🇸 while their main immigration application, such as Form I-485, is being processed.
Both forms are important for people seeking to live and work in the United States 🇺🇸. However, the way fees are handled for these forms has changed, and it is important to understand the current rules.
Recent Changes in USCIS Fee Policy
Before April 1, 2024, USCIS allowed applicants to file Form I-485, Form I-765, and Form I-131 (Application for Travel Document) together and pay only the I-485 fee. The fees for the work permit and travel document were included if filed at the same time or while the I-485 was pending. This made the process simpler and less expensive for many applicants.
However, starting April 1, 2024, USCIS changed its policy. Now, each form—Form I-485, Form I-765, and Form I-131—requires its own separate filing fee. This change was made to help USCIS cover the full cost of processing each application. The new rule applies to all applications filed on or after April 1, 2024.
Current Filing Fees (as of April 1, 2024):
– Form I-485: $1,440
– Form I-765: $260
– Form I-131: $630
These fees must be paid separately. If you combine payments for different forms, USCIS may reject your application package.
Who Needs to Pay a Separate Filing Fee for Form I-765?
The answer depends on when you filed your Form I-485:
If You Filed Form I-485 Before April 1, 2024
If you submitted your Form I-485 before April 1, 2024, and paid the required fee at that time, you do not have to pay a separate fee for Form I-765 or Form I-131 renewals while your I-485 is still pending. This means you can file for a work permit later without paying an extra fee, as long as your green card application is still being processed.
Example:
Maria filed her Form I-485 on March 15, 2024, but did not include Form I-765. In June 2024, she decides she wants to work while waiting for her green card. She can file Form I-765 now without paying the $260 fee, because her I-485 was filed before the fee change.
If You Filed Form I-485 On or After April 1, 2024
If you filed your Form I-485 on or after April 1, 2024, you must pay the full $260 fee for Form I-765, even if you file it later. The same rule applies to Form I-131. Each form is treated as a separate application with its own fee.
Example:
John filed his Form I-485 on April 10, 2024, but did not include Form I-765. In August 2024, he wants to apply for a work permit. He must submit a new Form I-765 and pay the $260 fee, even though his I-485 is still pending.
Why Did USCIS Change the Fee Policy?
The change in fee policy is part of a larger effort by USCIS to recover the full cost of processing immigration applications. The EB-5 Reform and Integrity Act of 2022 and other regulatory updates led to a review of how fees are collected. By requiring separate fees for each form, USCIS aims to make its funding more stable and ensure that each application is processed efficiently.
This change means that applicants must plan for higher costs if they want to file for a work permit or travel document in addition to their green card application. It also means that timing matters—filing before or after April 1, 2024, can make a big difference in how much you pay.
Step-by-Step Process: Filing Form I-765 After Form I-485
If you did not file Form I-765 with your initial Form I-485, you can still apply for a work permit later. Here’s how to do it:
1. Complete Form I-765
Download the latest version of Form I-765 from the USCIS website. Fill out the form carefully, making sure all information is correct.
2. Prepare the $260 Filing Fee
If your Form I-485 was filed on or after April 1, 2024, include a check, money order, or credit card authorization for $260. Make sure the payment is made out to “U.S. Department of Homeland Security.” Do not combine this payment with any other fees.
3. Gather Supporting Documents
You will need to include:
– A copy of your Form I-485 receipt notice (Form I-797C)
– A copy of a government-issued photo ID (such as a passport)
– Two recent passport-style photos
– Any other documents listed in the Form I-765 instructions
4. Mail the Application
Send your completed Form I-765, payment, and supporting documents to the correct USCIS address. The address depends on your eligibility category and where you live. Check the official USCIS instructions for the correct mailing address.
5. Wait for Processing
USCIS will review your application. If they need more information, they may send you a Request for Evidence (RFE). Once approved, you will receive your Employment Authorization Document (EAD) in the mail.
Important:
– Filing fees are non-refundable. If your application is denied or you withdraw it, you will not get your money back.
– If you send the wrong fee or combine payments, USCIS may reject your application.
What Happens If You File Form I-765 Without the Correct Fee?
If you file Form I-765 after April 1, 2024, and do not include the $260 fee (when required), USCIS will reject your application. This can cause delays and may affect your ability to work legally in the United States 🇺🇸. Always check the latest fee schedule before filing.
For those who filed Form I-485 before April 1, 2024, and are not required to pay a separate fee, it is still important to include proof of your I-485 filing date (such as your receipt notice) with your Form I-765 application.
How Do These Changes Affect Applicants?
The new fee policy has several practical effects:
- Higher Costs: Applicants must now budget for separate fees if they want to apply for a work permit or travel document in addition to their green card application.
- More Planning Needed: Deciding when to file each form is more important. Filing everything together may be easier, but if you wait, you must pay extra fees.
- Impact on Families: Families applying together must pay separate fees for each person and each form. For example, a family of four applying for green cards and work permits will pay four I-485 fees and four I-765 fees.
- No Refunds: If you change your mind or your application is denied, you will not get your filing fees back.
Real-World Example: Family Application
Let’s look at a family of three—two parents and one child—applying for green cards and work permits after April 1, 2024.
- Form I-485 fees: 3 x $1,440 = $4,320
- Form I-765 fees: 3 x $260 = $780
If they also want travel documents (Form I-131), that’s another 3 x $630 = $1,890.
Total cost for all three forms for the family: $6,990
This example shows why it’s important to plan and budget for all required fees.
What If You Already Filed Form I-485 and Want to File Form I-765 Later?
If you filed Form I-485 before April 1, 2024, you can still file Form I-765 later without paying a separate fee, as long as your I-485 is still pending. This is a special rule for those who filed before the fee change.
If you filed Form I-485 on or after April 1, 2024, you must pay the $260 fee for Form I-765, even if you file it later.
Tip: Always keep a copy of your I-485 receipt notice. You may need it to prove your filing date and eligibility for a fee waiver (if you filed before April 1, 2024).
How to Check the Latest Fees and Rules
USCIS may update fees and rules from time to time. It’s important to check the USCIS Fee Schedule before you file any application. This page has the most current information about fees for all immigration forms.
You can also call the USCIS Contact Center at 1-800-375-5283 for general questions.
Common Questions About Separate Filing Fees
Q: Can I pay the I-485 and I-765 fees together in one payment?
No. Each fee must be paid separately. If you combine payments, USCIS may reject your application.
Q: What if I filed I-485 before April 1, 2024, but my I-765 is denied? Can I reapply without paying a fee?
Yes, as long as your I-485 is still pending, you can reapply for a work permit without paying a separate fee.
Q: Are there any exceptions to the separate fee rule?
No. As of now, there are no exceptions. All applicants filing on or after April 1, 2024, must pay separate fees for each form.
Q: Where can I find the official forms?
You can download Form I-485 and Form I-765 from the USCIS website.
Q: What happens if I send the wrong fee?
USCIS will reject your application and return your payment. This can delay your case.
Why Is This Important for Immigrants?
Work permits are important for many immigrants because they allow people to support themselves and their families while waiting for their green cards. The new fee policy means that getting a work permit is now more expensive for many people. It is important to plan ahead and understand the costs before filing.
According to analysis by VisaVerge.com, the separate filing fee rule has led many applicants to file all forms together to avoid extra costs and delays. However, not everyone can do this, especially if they decide later that they need a work permit.
Practical Tips for Applicants
- File Early: If you know you will need a work permit, file Form I-765 at the same time as your Form I-485 to avoid delays.
- Check Fees: Always check the latest fee schedule before filing.
- Keep Records: Save copies of all receipt notices and payment confirmations.
- Budget: Plan for all possible fees, especially if you are filing for multiple family members.
- Follow Instructions: Carefully read the instructions for each form to avoid mistakes that can cause delays.
Where to Get More Information
For the most up-to-date information, visit the USCIS Fee Schedule. This page lists all current fees and explains how to pay them.
You can also find detailed instructions for Form I-765 and Form I-485 on the USCIS website.
If you have questions, you can call the USCIS Contact Center at 1-800-375-5283.
Conclusion and Next Steps
The rules for filing Form I-765 and paying a separate filing fee depend on when you filed your Form I-485. If you filed before April 1, 2024, you can still apply for a work permit later without paying an extra fee. If you filed on or after April 1, 2024, you must pay the $260 fee for Form I-765, even if you file it separately.
Always use the latest forms from the USCIS website, pay the correct fees, and keep all your records. Planning ahead can help you avoid delays and extra costs. For more details, check the USCIS Fee Schedule and official form instructions.
By staying informed and following the correct steps, you can make the process smoother and avoid common mistakes. Remember, filing fees are non-refundable, so double-check everything before you send your application.
Learn Today
Form I-485 → Application to Register Permanent Residence or Adjust Status to obtain a US green card.
Form I-765 → Application for Employment Authorization Document allowing legal work while residency is pending.
Employment Authorization Document (EAD) → Official work permit enabling immigrants to legally work in the US during immigration processing.
USCIS → U.S. Citizenship and Immigration Services, responsible for processing immigration applications and enforcing policies.
Filing Fee → Mandatory payment required to submit an immigration form, covering USCIS processing costs.
This Article in a Nutshell
USCIS changed Form I-765 filing fees on April 1, 2024. Now, applicants must pay separately unless I-485 filed earlier. This impacts immigrants seeking work permits during green card processing, requiring careful planning to avoid extra costs and ensure timely applications for employment authorization.
— By VisaVerge.com
