Can I File I-765 If I am a Tourist?

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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. 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

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