Form I-765, Application for Employment Authorization is the USCIS form used to request an Employment Authorization Document (EAD). You may need it if you want legal work authorization while you are in the United States in a category that allows EADs.
This guide focuses on the H.R. 1 immigration-related fees USCIS announced for FY 2026. These fees increase due to inflation and apply to certain I-765 categories, plus related filings.
Form I-765 quick reference (fee change effective Jan. 1, 2026)
| Detail | Information |
|---|---|
| Form number | Form I-765 |
| Full name | Application for Employment Authorization |
| Purpose | Request an EAD for eligible categories (asylum, parole, TPS, and others) |
| Fee (affected categories) | $560 for certain initial EADs; $280 for certain renewals (effective 1/1/2026) |
| Where to file | Varies by eligibility category and mailing method; follow USCIS “Where to File” instructions |
| Processing time | USCIS estimates vary by category and office; check egov.uscis.gov/processing-times/ (as of December 2025) |
💰 Current Fee Alert (effective 1/1/2026): USCIS announced inflation adjustments for certain H.R. 1 immigration-related fees. Use the new fee for filings postmarked on or after Jan. 1, 2026. Incorrect fees can cause rejection.
What changed: FY 2026 inflation increase under H.R. 1
USCIS released a Federal Register notice increasing certain H.R. 1 immigration-related fees for FY 2026. The agency stated these adjustments reflect inflation from July 2024 through July 2025. The new amounts apply to benefit requests postmarked on or after January 1, 2026.
Fees increasing on January 1, 2026
| Benefit / Form | Previous fee | New fee (effective 1/1/2026) |
|---|---|---|
| Form I-765 – Initial asylum applicant EAD | $550 | $560 |
| Form I-765 – Initial parole EAD | $550 | $560 |
| Form I-765 – Renewal/extension of parole EAD | $275 | $280 |
| Form I-765 – Initial Temporary Protected Status (TPS) EAD | $550 | $560 |
| Form I-765 – Renewal/extension of TPS EAD | $275 | $280 |
| Annual asylum application fee (currently stayed via court order) | $100 | $102 |
| Form I-821, Application for Temporary Protected Status | $500 | $510 |
| Form I-131, Part 9 – EAD requested upon re-parole | $275 | $280 |
Fees not increasing in this notice
| Benefit / Form | Previous fee | New fee |
|---|---|---|
| Form I-589 asylum fee (initial filing fee) | $100 | $100 |
| Form I-765 renewal/extension of asylum applicant EAD | $275 | $275 |
| Form I-360 Special Immigrant Juvenile fee | $250 | $250 |
Who needs to file Form I-765 (common categories)
You file Form I-765, Application for Employment Authorization if your immigration category allows work authorization through an EAD. USCIS has many eligibility categories, each with a specific code.
This H.R. 1 inflation update applies to these common groups:
- Initial asylum applicants requesting their first EAD.
- Parolees requesting an initial EAD based on parole.
- Parolees renewing or extending a parole-based EAD.
- TPS applicants and beneficiaries requesting an initial TPS-based EAD.
- TPS beneficiaries renewing a TPS-based EAD.
Always confirm your exact eligibility category in the Form I-765 instructions. Category selection controls your evidence and your filing location.
⚠️ Common Mistake: Using the old fee after Jan. 1, 2026. USCIS can reject the application if the postmark date is on or after Jan. 1 and you paid the pre-increase amount.
Eligibility requirements (what USCIS generally expects)
USCIS eligibility depends on your specific I-765 category. For the categories affected by the FY 2026 inflation fee change, you typically must show one of the following:
- Asylum applicant (initial EAD): You filed Form I-589, Application for Asylum and for Withholding of Removal, and you are eligible to request an initial EAD under the asylum applicant category.
- Parole (initial or renewal EAD): You were granted parole, and your parole documentation supports EAD eligibility for the period requested.
- Temporary Protected Status (TPS): You filed Form I-821, Application for Temporary Protected Status, or you have TPS, and you are eligible to request an EAD under TPS rules.
Category rules can change due to policy updates, litigation, or Federal Register notices. Follow the current Form I-765 instructions and your category page on uscis.gov.
Step-by-step: how to file Form I-765 correctly
- Download the current Form I-765.
– Use uscis.gov/forms to get the latest edition and instructions.
- Confirm your eligibility category and code.
– Pick the category that matches your status. One wrong code can trigger an RFE or denial.
- Complete the form carefully.
– Use your legal name, consistent addresses, and accurate immigration history. Match your supporting documents.
- Prepare your filing fee.
– For the H.R. 1 affected categories, the new fees effective Jan. 1, 2026 are:
– $560 for certain initial EADs (asylum initial, parole initial, TPS initial).
– $280 for certain renewals/extensions (parole renewal, TPS renewal).
– Verify the exact amount at uscis.gov/fees before mailing.
Do not submit with the old fee after Jan 1, 2026. USCIS can reject your application if the payment doesn’t match the postmark date; always confirm the current fee before sending.
- Assemble your supporting evidence.
– Put documents in a logical order. Label them with a cover page.
- Sign the form.
– USCIS rejects many cases for missing or improper signatures. Use the signature method USCIS allows.
- Mail to the correct address or file online if eligible.
– “Where to file” depends on your category. Use the USCIS filing instructions for Form I-765.
- Track your receipt and biometrics if scheduled.
– Create an account at my.uscis.gov. Watch for receipt notices and appointment letters.
⏱️ Processing Time: USCIS times are estimates and vary by category and location. Check egov.uscis.gov/processing-times/ (as of December 2025). RFEs, background checks, and document issues can extend timelines.
Required supporting documents (core checklist)
Your exact list depends on your eligibility category. These are the documents USCIS most often expects with Form I-765 for asylum, parole, and TPS-based filings.
| Document | Required | Notes |
|---|---|---|
| Form I-765 (completed and signed) | Yes | Use the current edition from uscis.gov |
| Government-issued photo ID | Usually | Passport biographic page or other acceptable ID |
| Prior EAD (front and back), if any | If applicable | Include for renewals and replacements |
| Form I-94, Arrival/Departure Record | Often | Especially for parole and many TPS situations |
| Proof of parole | If parole-based | Approval notice or other DHS parole documentation |
| Proof of pending asylum application | If asylum-based | Evidence that Form I-589 was filed and is pending |
| TPS evidence | If TPS-based | Form I-821 filing/approval evidence and current TPS documents |
| Two passport-style photos | Sometimes | Follow the I-765 instructions for photo requirements |
| Filing fee payment | Yes | Use the correct fee for the postmark date |
If your documents are not in English, include a full translation with the required certification.
Where to file Form I-765
USCIS addresses vary by:
- Your eligibility category,
- Whether you use USPS or a courier,
- Whether you file online or by mail.
Use the official Form I-765 page and instructions to confirm the correct location. Start at: uscis.gov/forms.
Double‑check your eligibility category code on Form I-765 instructions. A wrong code can trigger a denial or RFE, delaying your EAD; ensure the category matches your parole, asylum, or TPS status.
Common mistakes that delay or derail Form I-765
- Wrong fee after the inflation adjustment. This is common around Jan. 1. Confirm at uscis.gov/fees.
- Wrong eligibility category code. This can cause an RFE or denial.
- Missing signature. USCIS can reject an unsigned form.
- Inconsistent biographic information. Names and dates must match your passport and I-94.
- Insufficient evidence of status. Parole and TPS cases often fail on weak documentation.
- Mailing to the wrong address. “Where to file” can change. Verify before shipping.
- Waiting until the last day. Postmark controls the fee amount. Plan around holidays and weather.
Processing times: what to expect
USCIS processing times are estimates and vary widely by form category and workload. Check current estimates at egov.uscis.gov/processing-times/ (as of December 2025). Delays often happen due to:
- Requests for Evidence (RFEs),
- Background checks,
- Missing documents,
- Category-specific verification issues.
Official USCIS form page
Download the form and review instructions at uscis.gov/forms. You can also confirm fee details at uscis.gov/fees.
Practical next steps (file correctly under the Jan. 1, 2026 fee rules)
- Confirm your I-765 eligibility category and collect status proof.
- Check the postmark date and pay the correct H.R. 1 inflation-adjusted fee if mailing on or after Jan. 1, 2026.
- Download the current Form I-765 and instructions from uscis.gov/forms.
- Verify the exact filing fee on uscis.gov/fees before you submit.
- Track your case at my.uscis.gov and monitor estimated times at egov.uscis.gov/processing-times/.
📋 Official Resources: Download forms at uscis.gov/forms. Check processing times at egov.uscis.gov/processing-times. Fees and processing times are subject to change—always verify current information at uscis.gov.
USCIS is adjusting specific immigration fees for FY 2026 to account for inflation. Starting January 1, 2026, fees for certain I-765, I-131, and I-821 applications will increase. Applicants in asylum, parole, and TPS categories are primarily affected. It is crucial to use the updated fee schedule for any applications postmarked on or after the effective date to prevent application rejection and processing delays.
