Forms

Form I-765

Also called I-765, EAD application, Application for Employment Authorization.

Form I-765, Application for Employment Authorization, is the request for an Employment Authorization Document, filed by an EB-5 investor and each derivative under eligibility category (c)(9) once Form I-485 has been filed, so the family may work while the adjustment application is pending.

What it decides

8 CFR 274a.12(c)(9) covers anyone who has filed an adjustment application under part 245, and the Form I-765 instructions, edition 08/21/25, direct such an applicant to file together with the Form I-485 or later with a copy of the I-485 receipt notice. Form G-1055, edition 05/29/26, charges $260, paper or online alike, where the I-485 was filed with a fee on or after 1 April 2024 and is still pending, which is what an EB-5 adjustment applicant normally pays, against $520 on paper or $470 online in the general case. Two traps follow. Under 8 CFR 274a.13(e) a renewal filed on or after 30 October 2025 carries no automatic extension, so work stops on the date printed on the card, and the 540 day extension at 8 CFR 274a.13(d) survives only for renewals filed before that date. Under 8 CFR 274a.13(c) there is no appeal from a denial, only a motion on Form I-290B. An investor who takes an immigrant visa abroad never files this form.

Governed by 8 CFR 274a.12(c)(9) and 8 CFR 274a.13(c), (d) and (e); Form I-765 instructions, edition 08/21/25, for the (c)(9) filing evidence; Form G-1055, edition 05/29/26, Appendix C, which is the only current source for the amounts because the USCIS Form I-765 page, last reviewed 1 June 2026, states an edition date but no fee; USCIS, When to Use Form I-290B, last reviewed 3 April 2025, for the absence of an appeal from an I-765 denial.

Where this is explained properly

Pages here that go into form i-765 rather than mentioning it.

Related terms

Employment authorization documentAn employment authorization document, Form I-766, is the card USCIS issues on an approved Form I-765 to prove that its holder may work in the United States for a stated period, and an EB-5 investor needs one only while a Form I-485 is pending, because a green card is itself evidence of work authorization.
Form I-485Form I-485, Application to Register Permanent Residence or Adjust Status, is the application by which someone already inside the United States becomes a permanent resident without going abroad for a consular interview; an EB-5 investor who files it receives the same two year conditional residence a consular applicant gets on admission.
Adjustment of statusAdjustment of status is the process under 8 U.S.C. 1255 by which someone already in the United States becomes a permanent resident without leaving, on Form I-485, instead of collecting an immigrant visa at a consulate abroad. An EB-5 investor who adjusts is granted conditional permanent residence for two years, the same status a consular applicant receives on admission.
Concurrent filingConcurrent filing is submitting Form I-485 together with Form I-526 or I-526E, or while the petition is still pending, instead of waiting for the petition to be approved. 8 U.S.C. 1255(n) permits it whenever approval of the petition would make a visa immediately available to the investor.
USCIS filing feeThe amount USCIS charges to file a given EB-5 form. The fees are set by regulation, under 8 U.S.C. 1356(m) and codified at 8 CFR 106.2, but for EB-5 forms the amount USCIS will actually accept is the one in its published schedule, Form G-1055, because the regulation's EB-5 figures are stayed.

Checked against primary sources on 10 August 2026. Back to the glossary