Form I-765 Instructions 08/28/24 Page 13 of 25
Once we have determined your eligible family member’s petition is bona de, we will consider relevant discretionary
factors. We will determine in our discretion whether to provide deferred action and an EAD to your eligible family
member.
If we determine your petition is bona de and a favorable exercise of discretion is warranted, but you have not led a
Form I-765, which can be converted as described above, we will issue a notice to apply for an EAD. If you receive a
notice to apply for an EAD, you must include this notice when ling your Form I-765.
12. T-1 Nonimmigrant--(a)(16). If you are ling Form I-914, Application for T Nonimmigrant Status, and request an
EAD as part of that application, you do not need to le Form I-765. If you are currently in T-1 nonimmigrant status
and did not request an EAD when you led your Form I-914, you may le Form I-765 to request an EAD. If you
were granted T-1 nonimmigrant status and want to request a replacement of an EAD, le Form I-765 along with
evidence of your T-1 nonimmigrant status (for example, an approval notice).
If you have led Form I-539 to extend your T-1 nonimmigrant status, you may le Form I-765 to request a renewal of
your EAD, along with evidence of your T nonimmigrant status (for example, an approval notice). You may le Form
I-765 together with Form I-539 or after we approve your Form I-539. If you le Form I-765 after we approve your
Form I-539, submit a copy of your I-539 approval notice.
13. T-2, T-3, T-4, T-5, or T-6 Nonimmigrant--(c)(25). File Form I-765 along with proof of your derivative T
nonimmigrant status. If you obtained derivative T nonimmigrant status while in the United States, you must
submit a copy of the approval notice for your T nonimmigrant status. If you were admitted to the United States as
a T nonimmigrant, you must submit a copy of your passport with your T nonimmigrant visa. If you were granted
derivative T nonimmigrant status and want to request replacement of an EAD, le Form I-765 along with evidence of
your derivative T nonimmigrant status (for example, an approval notice).
If you (or the T-1 principal foreign national) led Form I-539 to extend your T-2, T-3, T-4, T-5, or T-6 nonimmigrant
status in conjunction with an extension of the principal T-1 nonimmigrant’s status, you may le Form I-765 to request
an initial or renewal EAD, along with evidence of your nonimmigrant status (for example, an approval notice or copy
of your passport with your T nonimmigrant visa). You may also le Form I-765 together with Form I-539 or after
we approve your Form I-539. If you le Form I-765 after we approve your Form I-539, submit a copy of your Form
I-539 approval notice.
NOTE: Derivative family members of T-1 nonimmigrants living outside the United States are not eligible to receive
an EAD until they lawfully enter the United States. If you are a derivative family member who is outside the United
States, do not le Form I-765.
14. T Nonimmigrant Adjustment of Status--(c)(9). If you led Form I-485 to adjust your status from a T-1, T-2, T-3,
T-4, T-5, or T-6 nonimmigrant to a lawful permanent resident, you may le Form I-765 together with Form I-485 if
you are seeking an EAD. You should also include evidence of your T nonimmigrant status (for example, an approval
notice or copy of your passport with your T nonimmigrant visa). If you le Form I-765 after ling Form I-485,
submit a copy of your Form I-485 receipt notice. While your Form I-485 is pending, we will extend T nonimmigrant
status until a decision is made on your Form I-485.
15. U-1 Nonimmigrant--(a)(19). If you are currently residing in the United States and your Form I-918, Petition for U
Nonimmigrant Status, is approved, you will receive employment authorization incident to status and USCIS will send
you an EAD as evidence of that authorization. You do not need to le Form I-765. If you resided outside the United
States when your Form I-918 was approved, you must le Form I-765 with USCIS when you enter the United States.
You must submit a copy of your passport with your U nonimmigrant visa.
If we granted your U nonimmigrant status and you want to request a replacement of an EAD, le Form I-765 along
with evidence of your U nonimmigrant status (for example, an approval notice).
If you have led Form I-539 to extend your U-1 nonimmigrant status, you may le Form I-765 to request a renewal
of your EAD, along with evidence of your U-1 nonimmigrant status (for example, an approval notice). You may le
Form I-765 together with Form I-539, or after we approve your Form I-539. If you le Form I-765 after we approve
your Form I-539, submit a copy of your I-539 approval notice.