Completing Form I-765 can feel overwhelming, especially when you reach the section asking about your current immigration status. Many applicants stare at this field, unsure whether to write “pending,” their visa type, or something else entirely.
Getting this section wrong can delay your Employment Authorization Document (EAD) approval by months or even result in denial. Understanding how your current immigration status i-765 affects your application is crucial for success in obtaining work authorization in the United States.
What Is Form I-765 and Why Does It Matter?
Form I-765, officially called Application for Employment Authorization, is the gateway to legal employment for millions of immigrants in the United States. This form allows various categories of non-citizens to request permission to work, including adjustment of status applicants, asylum seekers, F-1 students seeking Optional Practical Training, Temporary Protected Status holders, and DACA recipients.
The EAD serves as proof that USCIS has authorized you to work in the United States for a specific period. Without this document, most immigrants cannot legally accept employment, open bank accounts, or obtain Social Security numbers.
When USCIS asks about your current immigration status Form I-765, they’re checking whether you qualify for work authorization based on your specific circumstances and immigration category.
Why Current Immigration Status Matters on Form I-765
The EAD current immigration status or category field on Form I-765 is one of the most critical sections of your application. This information tells USCIS exactly what type of immigration case you have and whether you’re eligible for employment authorization under that category.
USCIS uses your current immigration status to verify that you meet the specific requirements for work authorization. For instance, adjustment of status applicants can work while their green card application is pending, but tourist visa holders generally cannot. Providing the wrong status can confuse USCIS officers, leading to Requests for Evidence, delays, or denials.
The key is being specific and accurate. Writing “pending” isn’t helpful. USCIS needs to know what type of case is pending. Similarly, listing an expired or incorrect status can immediately disqualify your application, even if you’re actually eligible under a different category.
How Different Immigration Statuses Affect EAD Eligibility?
Adjustment of Status Applicants (AOS)
If you’ve filed Form I-485 to adjust your status to permanent resident, your current status for I 765 current immigration status AOS should reflect “I-485 pending” or “adjustment of status pending.”
This category allows you to work while waiting for your green card decision, typically taking several months, depending on your category and USCIS workload.
DACA Recipients
DACA recipients should list their status as “DACA granted” or “deferred action under DACA.” Since DACA work authorization is temporary, renewal timing is critical; you should file your renewal application 120-150 days before expiration to avoid gaps in work authorization.
F-1 Students (OPT/CPT)
F-1 students applying for Optional Practical Training should list their current status as “F-1 student” and specify whether they’re applying for pre-completion OPT, post-completion OPT, or STEM extension. Timing is also important here. OPT applications must be filed while in valid F-1 status and within specific timeframes.
TPS Holders
Temporary Protected Status holders should list “TPS” as their current status, along with their country designation. TPS automatically includes work authorization, but you must apply for the EAD document to prove your eligibility to employers.
Asylum Seekers
Asylum applicants must wait 150 days after filing their asylum application before applying for work authorization. Their current status should be listed as “asylum application pending” along with the filing date of their asylum case.
Other Categories
H-4 spouses of H-1B workers, J-2 dependents, and L-2 spouses may be eligible for work authorization under specific circumstances. These applicants should list their dependent status (H-4, J-2, L-2) and ensure they meet the specific eligibility requirements for their category.
Common Mistakes to Avoid When Listing Your Current Immigration Status
The most frequent error is being too vague, writing “pending” instead of specifying “I-485 pending” or “asylum application pending.” USCIS needs precise information to evaluate your eligibility.
Another common mistake involves confusing your visa category with your current status. Your visa got you into the United States, but your current status reflects your ongoing immigration situation. For example, someone who entered on a tourist visa but married a U.S. citizen and filed for adjustment of status should list “I-485 pending,” not “B-2 visitor.”
Using expired or outdated status information can also derail your application. If your form i-765 current immigration status has changed since your last application, you must update this information accurately.
How Current Immigration Status Affects EAD Renewal?
When renewing your EAD, your current immigration status I 765 renewal might differ from your original application. For instance, an asylum seeker whose case was approved would change from “asylum pending” to “asylee.” Similarly, someone whose adjustment of status was approved wouldn’t need EAD renewal since they’d have a green card.
The key for EAD renewal current immigration status is proving continuing eligibility. USCIS must see that you still qualify for work authorization under your current circumstances. If your status has changed, you may need to file under a different category or provide additional documentation.
Special Situations and Complex Cases
Some applicants face complex situations that make determining their current immigration status challenging. Out-of-status applicants might still be eligible for EAD if they have pending applications that restore their status. Grace period considerations apply to students and workers whose authorized stay has recently ended.
When multiple applications are pending simultaneously, such as asylum and adjustment of status, you should list the status that makes you eligible for the EAD category you’re requesting. Change of status applications can complicate matters, especially if the change is pending while you apply for work authorization.
These complex situations often require careful analysis of immigration law and USCIS policies. When in doubt, consulting with an experienced immigration attorney can prevent costly mistakes and ensure your application is filed correctly.
Final Thoughts
Understanding your current immigration status I-765 is essential for successful EAD applications and renewals. Accuracy in this section can mean the difference between quick approval and months of delays or denials. Take time to research your specific situation, gather supporting documentation, and ensure your status information matches your current circumstances exactly.
Remember that immigration law is complex and constantly changing. What worked for friends or family members might not apply to your specific situation. When facing uncertainty about your current status or EAD eligibility, professional guidance can save time, money, and frustration.
Ask your questions for free on Immigration Question and get answers within hours from experienced attorneys. You may also get free consultations from attorneys willing to offer them for your specific EAD application needs.
Frequently Asked Questions
1. What should I write for current immigration status on Form I-765?
Write your specific, current immigration situation, such as “I-485 pending,” “F-1 student,” “asylum application pending,” or “TPS designated.” Be specific rather than vague. Avoid writing just “pending” or “applicant.”
2. How do I determine my current immigration status for EAD applications?
Check your most recent USCIS receipt notices, I-94 record, and any pending applications. Your current status reflects your ongoing immigration situation, not necessarily the visa you used to enter the United States.
3. What if my immigration status is pending when filing I-765?
List the specific type of pending application, such as “I-485 pending” for adjustment of status or “asylum application pending.”
4. Can I file I-765 if I’m out of status?
Possibly, depending on your situation. Some categories, like adjustment of status applicants, can apply for EAD even if currently out of status, while others cannot. Consult an immigration attorney for case-specific guidance.
