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
