USCIS released revised editions of Form I-765 To Facilitate Work in US

Highlights: USCIS Form I-765

• USCIS has released a revised form for refugees
• The two forms are related to the subject of seeking asylum and employment for refugees
• These changes will be effective from November 7, 2022

Abstract: USCIS has released revised forms for refugees seeking asylum and employment.

The DHS or Department of Homeland Security and the DOJ or Department of Justice of the US implemented a provisional rule to facilitate the USCIS or United States Citizenship and Immigration Services asylum officers to review the asylum claims of refugees.

The USCIS released a revised document of Application for Asylum and for Withholding of Removal - Form I-589 and Application for Employment Authorization - Form I-765 on July 26, 2022.

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Application for Employment Authorization - Form I-765

The Application for Employment Authorization - Form I-765 helps in the issuance of EAD or Employment Authorization Document as an evidence that the applicant can legally work in the US for a stipulated period of time.

Eligibility Requirements

The refugee can file for employment in the US if they meet the following eligibility requirements:

• Category 1: The applicant may be permitted to work in the US due to their immigration status.
• Category 2: The applicant may be permitted to work for a specific US-based employer even if they have non-immigrant status.
• Category 3: The applicant's immigration category can facilitate employment authorization.

To legally work in the US, the candidate is required to submit documents to an employer proving that they have been authorized to work in the United States.

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Fees for filing application Form I-765

The filing fee for Application for Employment Authorization - Form I-765 is 410 USD.

Application for Asylum and for withholding of Removal - Form I-589

The Application for Asylum and for Withholding of Removal - Form I-589 is used for applying for asylum in the US. It can also be used for withholding of removal. The applicant can file for asylum if you are physically in the United States and you are not a US citizen.

If the applicant is in the US, they can apply for asylum irrespective of which country they are from and their current immigration status.

Eligibility Requirements

The eligibility requirements for applying the Form I-589 are:

• Be physically present in the US for less than a year from the date of the candidate's last arrival.
• Proof that the applicant was persecuted or is at risk of being persecuted.

The applicant can include their spouse and unmarried children below 21 years of age. It can be done when the application is being filed or at any time prior to the final decision being taken.

If the candidate is not eligible for asylum, they can apply for "withholding of removal". It prevents the American government from sending them to their native country during a time when their life is at risk. The applicant can request for withholding of removal even if it has been more than one year since their last date of arrival to the US.

The decision is taken by the immigration court of the Department of Justice.

Fees for filing application Form I-589

There is no filing fee for Application for Asylum and for Withholding of Removal - Form I-589.

These changes were introduced to make it easier for refugees seeking asylum and wanting to migrate to US.

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