Form I-765 is the Application for Employment Authorization and it cannot be filed if you’re a tourist.
Tourists come to the U.S. with a B-2, non-immigrant visa. A non-immigrant visa means that the visa holder is only allowed to stay in the U.S. for a temporary time. During that temporary period with a B2 visa, only certain activities are allowed:
- Tourist activities
- Visiting family and friends
- Medical treatment
- Amateur or athletic activities that are not paid
- Social, fraternal, or service organization activities
*A person with a B-2 visa can also enroll in short recreational courses of studies that are not for credit or toward a degree.
Form I-765 is the form eligible foreign nationals file when requesting an employment authorization document, EAD. This allows a person to work in the United States for one year. This form is essential for those with a work permit while their green card is pending. It provides the legal right to work while waiting for green card approval. The following categories of foreign nationals are eligible for the employment authorization document:
- Asylee/Refugee
- Spouse and children of Asylee/Refugee
- Citizens of Micronesia, the Marshall Islands, or Palau
- Enforcement Departure/ Extended Voluntary Departure
- Applicant on Temporary Protected Status
- Applicant on NACARA
- TECRO E-1 Nonimmigrant
- F-1 student seeking optional practical training or off-campus employment
- Spouse or Minor Child of exchange visitor
- M-1 student seeking practical training after completing studies
- Dependent of A-1 or A-2 Foreign Government Officials
- Dependent of G-1, G-3 or G-4 Nonimmigrant
- Dependent of NATO-1 through NATO-6
- B-1 nonimmigrant personal or domestic servant of nonimmigrant employer
- B-1 nonimmigrant domestic servant of a U.S. citizen
- B-1 nonimmigrant employed with foreign airline
- Spouse of E-1/E/2 Treaty Trader or investor
- Spouse of L-1 intracompany Transferee
- K-1 nonimmigrant fiancé of U.S. citizen or K-2 dependent
- K-3 nonimmigrant spouse of U.S. citizen or K-4 dependent
- Family Unity Program
- Life Family Unity
- V-1, V-2, or V-3 nonimmigrant
- Applicant who has filed Adjustment of Status
- Applicant who is filing Adjustment of Status based on residence since Jan. 1, 1972
- National Interest Waiver physician
- N-8 or N-9 Nonimmigrant
- Applicant granted a withholding or deportation
- Applicant seeking suspension of deportation
- Applicant granted Deferred Action
- Applicant in final order of deportation needing employment based on economic need
- LIFE Legalization Applicant
- T-1 Nonimmigrant
- T-2, T-3, or T-4 Nonimmigrant
- U-1 Nonimmigrant
- U-2, U-3, U-4, or U-5 Nonimmigrant
