Introduction

Form I-765 is a vital document for individuals seeking to work legally in the United States. As an integral part of the U.S. immigration process, this form allows non-U.S. citizens to apply for employment authorization. Its importance cannot be overstated, as it opens doors to various employment opportunities and helps applicants secure their future on American soil.

In this article, we will delve into the intricacies of Form I-765, focusing on two critical sections: “Information About Your Eligibility Category” and “Part 3 – Applicant’s Statement, Contact Information, Declaration, Certification, and Signature.” Our aim is to demystify these sections, provide guidance on how to navigate them, and ensure that applicants submit a well-prepared and accurate application.

Section 1: Information About Your Eligibility Category

27. Eligibility Category:

In this section, you are asked to specify your eligibility category for applying for employment authorization. You need to enter the appropriate letter and number that corresponds to your eligibility category. For example, if you are applying under the (c)(3)(C) STEM OPT category, you would enter (c)(3)(C).

28. (c)(3)(C) STEM OPT Eligibility Category:

This question is specific to those who entered the (c)(3)(C) eligibility category in question 27. Here, you need to provide the following details:
28.a. Degree: Mention the degree you are pursuing that qualifies you for the STEM OPT extension.
28.b. Employer’s Name as Listed in E-Verify: Provide your employer’s name as listed in the E-Verify system.
28.c. Employer’s E-Verify Company Identification Number or a Valid E-Verify Client Company Identification Number: Include your employer’s E-Verify Company Identification Number or a Valid E-Verify Client Company Identification Number.

29. (c)(26) Eligibility Category:

This question is for applicants who entered the (c)(26) eligibility category in question 27. You need to provide the receipt number of your H-1B spouse’s most recent Form I-797 Notice for Form I-129, Petition for a Nonimmigrant Worker.

30. (c)(8) Eligibility Category:

If you entered the eligibility category (c)(8) in question 27, you need to answer whether you have ever been arrested for and/or convicted of any crime. If your answer is “Yes,” there are specific instructions in the Form I-765 Instructions regarding providing court dispositions.

31.a. (c)(35) and (c)(36) Eligibility Category:

If you entered the eligibility category (c)(35) or (c)(36) in question 27, you need to provide the receipt number of your Form I-797 Notice for Form I-140, Immigrant Petition for Alien Worker. If you entered either of these categories, you also need to answer 31.b regarding any arrests or convictions for crimes.

Section 2: Part 3 – Applicant’s Statement, Contact Information, Declaration, Certification, and Signature

1.a. I can read and understand English…

You need to select this box if you are able to read and understand English, and you have personally read and understood every question and instruction on the application, along with your answers to each question.

1.b. The interpreter named in Part 4…

Choose this option if an interpreter who is named in Part 4 read every question and instruction to you in a language in which you are fluent, and you understood everything.

3. Applicant’s Daytime Telephone Number:

Provide your daytime telephone number where you can be reached during business hours.

4. Applicant’s Mobile Telephone Number (if any):

If you have a mobile telephone number, include it in this section.

5. Applicant’s Email Address (if any):

If you have an email address, provide it here.

6. Select this box if you are a Salvadoran or Guatemalan national…

Check this box only if you are a Salvadoran or Guatemalan national and are eligible for benefits under the ABC settlement agreement.

These explanations should help clarify the purpose of each question in Form I-765. If you have any specific questions or need further guidance on any of these questions, please feel free to ask.

Section 3: Filling Out the I-765 Form – A Sample Persona (from Brazil)

Sample Persona: Carlos Martinez

Name: Carlos Martinez

Eligibility Category: (c)(26) (Spouse of an H-1B Visa Holder)

Contact Information:

• Applicant’s Daytime Telephone Number: (555) 123-4567
• Applicant’s Mobile Telephone Number (if any): (555) 987-6543
• Applicant’s Email Address (if any): carlos@email.com

27. Eligibility Category:
Carlos selects (c)(26) as his eligibility category, which corresponds to his status as the spouse of an H-1B visa holder.

28. Carlos does not need to answer question 28 because it pertains specifically to the (c)(3)(C) STEM OPT Eligibility Category, which is not relevant to his application as a (c)(26) spouse of an H-1B visa holder.

29. (c)(26) Eligibility Category:
He provides the receipt number of his spouse’s most recent Form I-797 Notice for Form I-129, as required for this category. Sample Receipt Number: WAC-123-456-78901

30. (c)(8) Eligibility Category:
Carlos did not enter the eligibility category (c)(8), so this question does not apply to him.

31.a. (c)(35) and (c)(36) Eligibility Category:
He did not enter the eligibility category (c)(35) or (c)(36), so these questions do not apply to him.

1.a. I can read and understand English…:
Carlos selects this box, as he can read and understand English and has personally read and comprehended every question and instruction on the application.

3. Applicant’s Daytime Telephone Number:
Carlos provides his daytime telephone number as (555) 123-4567.

4. Applicant’s Mobile Telephone Number (if any):
He also provides his mobile telephone number as (555) 987-6543.

5. Applicant’s Email Address (if any):
Carlos includes his email address as carlos@email.com.

6. Select this box if you are a Salvadoran or Guatemalan national eligible for benefits under the ABC settlement agreement:
Since Carlos is neither Salvadoran nor Guatemalan, he leaves this box unchecked.

Carlos’s careful attention to detail and accuracy in completing Form I-765 enhances his chances of a successful application for employment authorization as the spouse of an H-1B visa holder.

Edition Date

The edition date for Form I-765 is 10/31/22. You can easily locate the edition date at the bottom of the page on the form and within the accompanying instructions.

Date Format:
It’s important to note that dates on the form should be written in the mm/dd/yy format. For instance, if your intended employment start date is December 1, 2022, you should format it as 12/01/22.

Visibility and Uniformity:
When you complete and print this form for mailing, it’s crucial to ensure that the form edition date and page numbers are visible at the bottom of all pages. Equally important, all pages should be from the same form edition.

Downloading and Printing Forms:
If you require assistance with downloading and printing forms, we recommend reading our detailed instructions. Utilizing official sources for form downloads guarantees that you have the most up-to-date forms and instructions, reducing the risk of errors in your application.