Which eligibility category do I enter on the I-765?

One - in Item 27 of the form, as a code from the «Who May File Form I-765» section of the USCIS instructions (edition 08/21/25). The code depends on the basis: (c)(9) - your I-485 is pending, (c)(8) - an asylum application is pending, (a)(5) - asylum was granted, (c)(26) - an H-4 spouse of an H-1B worker, (a)(18) - a spouse of an L-1 worker, (c)(3) - an F-1 student for practical training. Permanent residents and those authorized to work only for a specific employer under 8 CFR 274a.12(b) do not use the I-765.

Form I-765: what it is

Updated: October 11, 2026Author: Alina Kanametova

Form I-765: definition

Key answer

The I-765 is the application for the work permit (EAD, Employment Authorization Document). It is most often filed together with the I-485: while the green-card application is pending, the EAD lets you work lawfully in the US for any employer.

The I-765 result is the plastic EAD card. It is not tied to one employer - unlike O-1 status, which only authorizes work for the petitioner.

The I-131 (Advance Parole) is usually filed together with the I-765 so you can travel outside the US without abandoning the pending I-485.

Form I-765: the official source

Form I-765 (USCIS page)

Form I-765: common questions

Which eligibility category do I enter on the I-765?: One - in Item 27 of the form, as a code from the «Who May File Form I-765» section of the USCIS instructions (edition 08/21/25). The code depends on the basis: (c)(9) - your I-485 is pending, (c)(8) - an asylum application is pending, (a)(5) - asylum was granted, (c)(26) - an H-4 spouse of an H-1B worker, (a)(18) - a spouse of an L-1 worker, (c)(3) - an F-1 student for practical training. Permanent residents and those authorized to work only for a specific employer under 8 CFR 274a.12(b) do not use the I-765.

I-765: how many cases USCIS handles

Q3 of fiscal year 2026 (April-June 2026): USCIS received 153,039 filings on this line, approved 46,405 and denied 35,767 (56% of decisions were approvals); 671,362 were waiting at the end of the quarter. Half of the completed cases took up to 6.4 months.

Line in the report	Received	Approved	Denied	Pending	Median, mo.
I-765 based on adjustment of status	153,039	46,405	35,767	671,362	6.4

Decisions are counted in the quarter they were issued, so some were filed earlier; the line covers every category of the form, not your visa alone. Source: USCIS, Number of Service-wide Forms (xlsx), read 2026-10-11.

Form I-765: what to do - tools

Which forms do you needWhich forms you need: pick your visa and stage and we show the right USCIS forms.

Form I-765: read next

Green-card path: I-485, EAD, Advance Parole

Form I-765: documents and templates from the library

Form I-765: from community discussions

«Judging won't carry much weight, of course. But for EB2 there are no strict evaluation criteria for the prong, so for good measure I think it'd fit. I wouldn't specifically arrange judging for EB2 NIW, of course. But if you already have it, then why not?»
Mikhail · from public community chats
«You can't file on your own behalf if you're the sole founder of the company. Your own company has to be the one filing for you.»
community member · from public community chats
«If you're the founder yourself and there's basically nobody else in the company, you need to at least set up a board of directors that has the authority to hire or fire you, that is, so your employer is distinct from you.»
Eugene · from public community chats

Personal opinions of community members from public discussions, not legal advice.

Form I-765: related terms

All glossary terms

A reference definition, not legal advice. Requirements and procedures depend on your case - verify on uscis.gov.

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