IMPORTANT I-765 form update: 8/25/2020 edition

Summary: EAD (Employment Authorization Document) applicants including OPT, STEM OPT, H-1B applicants need to complete and file the I-765 form that is 8/25/20 edition. This I-765 update is effective from today (8/25/2020).

One of the important things that is easily overlooked by OPT/STEM OPT applicants is the edition of the Form I-765. All of the form I-765 looks same but actually it’s not! I have had several students whose OPT application is denied by USCIS (U.S. Citizenship and immigration Services) due to the outdated I-765 form. Therefore it can’t be emphasized enough to check the edition of the form I-765 that you are working on. In addition, USCIS announced that they will only accept the updated edition of Form I-765 from today (8/25/20). Therefore in this blog post, I will share how to check the edition of the I-765 form and where to find the most updated version of I-765.

USCIS will not accept Applications for Employment Authorization postmarked on or after Aug. 25, 2020, if you do not file them with the updated edition of Form I-765 and I-765WS and the correct fees.

I-765, Application for Employment Authorization

Contents

• USCIS I-765 form update
• How to check the edition of the form I-765
• I-765 form instructions and fees

USCIS I-765 form update

The form I-765 is the application for the Employment Authorization Document (EAD) which authorizes non-immigrant visa holders to work in the United States. In this light, I-765 form is not only used by OPT and STEM OPT applicants but also by other non-immigrant visa categories including asylums to work legally in the U.S.

Back in June 26, 2020 there was an update on asylum applications which has been reflected on the form I-765. Therefore, from August 25, 2020, USCIS is asking all EAD applicants to file the updated edition of Form I-765. The previous edition of the form I-765 was dates 12/26/19 and the updated edition of the form I-765 is dated 08/25/20. What if an EAD applicant is not aware of this update and complete the previous edition? The answer is simple: USCIS will not accept the 12/26/19 edition. Pasted below is What to know about sending us [USCIS] your form.

The current edition of Forms I-765 and I-765WS, dated 12/26/19

• If it is postmarked before Aug. 25, 2020, we will continue to accept the 12/26/19 edition.
• If it is postmarked on or after Aug. 25, 2020, we will not accept the 12/26/19 edition.

The updated edition of Forms I-765 and I-765WS, dated 08/25/20

• If it is postmarked on or after Aug. 25, 2020, we will accept the 08/25/20 edition.
• If it is postmarked before Aug. 25, 2020, we will not accept the 08/25/20 edition.

How to check the edition of the form I-765

Many students who work on the form I-765 before 8/25/20 were confused due to the expiration date that is written on the top, right corner of the form. What you need to check is the bottom, left corner of the I-765 form which I highlighted in yellow below. To reiterate, this yellow area should say Edition 08/25/20, not 12/26/19.

I-765 instructions and worksheet

Now if you are done with confirming the edition of the form, it’s time to complete the form I-765. USCIS provides the Instructions for Application for Employment Authorization, so make sure you check that out for the smooth EAD processing. Also, USCIS updated their fees as well and it was reported that OPT fee will increase from $410 to $550 from October, 2, 2020. For more details, click the related blog post below.

Related blog post: USCIS fee increase; 2020 OPT fee increase by 34%

This blog post covered the updated edition of I-765 form which is effective from today (8/25/20) and how to check the edition on the form I-765. Please remember that checking the edition of the form I-765 is the first step for successful filing of OPT or STEM OPT.