Immigration Lawyer

One of the trickiest aspects of filing form I-765 is discerning the correct filing fee for the form. There are many categories for which one may file for an Employment Authorization Document. Some categories have exemptions for the full filing fee. A fairly easy way to determine your filing fee is also to log on to the USCIS fee calculator website. On this website you can answer a few basic questions about yourself and USCIS will tell you what fee you should pay for your application. 

Even with the useful and beneficial fee calculator tool, one should still read the instructions for Form I-765. These instructions provide a detailed explanation of what the filing fee is for various categories of filing Form I-765. You may find it helpful to consult with an experienced immigration lawyer like one you might find at the Mughal Law Firm, to help ensure that your form is filled out correctly and that the correct filing fee is paid.

In general, the filing fee is $410.00 plus an $85.00 biometrics fee. There are some noteworthy exceptions.

For an initial EAD, the filing fee of 410.00 dollars is not required for anyone files under the categories (a)(3) Refugee, (a)(4) Paroled as Refugee, (a)(5) Asylee, (a)(7) N-8 or N-9 nonimmigrant, 9 (a)(8) citizen of Micronesia, Marshall Islands, or Palau, (a)(10), granted withholding of deportation, (a)(16) victim of severe form of trafficking, (a)(12) or (c)(19) Temporary Protected Status if you are filing an initial TPS application and if you are under 14 years of age and over 65 years of age, (a)(19) victim of of qualifying criminal activity, (c1) (c)(4) or (c)(7) dependent of certain foreign government, international organization, or NATO personnel, (c)(8) applicant for Asylum and Withholding of Deportation and Removal, (c)(9) or (c)(16) current Adjustment of Status or Registry applicant who filed Form I-485 and paid the appropriate filing fee, and (c)(31) VAWA self petitioner.

Note that the above exceptions are applicable to the initial application for employment authorization and not necessarily the renewal of employment authorization. If one is filing Form I-765 to renew their employment authorization, then the categories which are exempt form the 410 dollar filing fee are the categories (a)(8), Citizen of Micronesia, Marshall Islands, or Palau, (a)(10) granted withholding of deportation, (c)(1) (c)(4) or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel. (c)(9) or (c16) adjustment of status or registry applicant who filed for adjustment of status on or after July 30, 2007, and paid the appropriate Form I-485 filing fee. 

If you are planning on filing Form I-765 for a new employment authorization card, or to renew your employment authorization, you must pay careful attention to the filing fee.