A. B-1 Nonimmigrant Who Is the Personal or Domestic Servant of a Nonimmigrant Employer–(c)(17)(i).File Form I-765 with:
(1) Evidence from your employer that he or she is a B, E, F, H, I, J, L, M, O, P, R, or TN nonimmigrant and you were employed for at least 1 year by the employer before the employer entered the United States, or your employer regularly employs personal and domestic servants and has done so for a period of years before coming to the United States; and (2) Evidence that you have either worked for this employer as a personal or domestic servant for at least 1 year, or evidence that you have at least 1 year experience as a personal or domestic servant; and (3) Evidence establishing that you have a residence abroad that you have no intention of abandoning.
B. B-1 Nonimmigrant Domestic Servant of a U.S. Citizen–(c)(17)(ii).File Form I-765 with:(1) Evidence from your employer that he or she is a U.S. citizen; and(2) Evidence that your employer has a permanent home abroad or is stationed outside the United States and is temporarily visiting the United States or the citizen’s current assignment in the United States will not be longer than 4 years; and(3) Evidence that he or she has employed you as a domestic servant abroad for at least 6 months prior to your admission to the United States.
C. B-1 Nonimmigrant Employed by a Foreign Airline–(c)(17)(iii).File Form I-765 with a letter from the airline fully describing your duties and stating that your position would entitle you to E nonimmigrant status except for the fact that you are not a national of the same country as the airline or because there is no treaty of commerce and navigation in effect between the United States and that country.
D. Spouse of an E-1/E-2 Treaty Trader or Investor–(a)(17) or Spouse of an E-3 Certain Specialty of Occupation Professional from Australia.File Form I-765 with evidence of your lawful status and evidence you are a spouse of a principal E-1/E-2, such as your Form I-94, and a copy of the principal’s visa, and your marriage certificate. (Other relatives or dependents of E-1/E-2 aliens who are in E status are not eligible for employment authorization and may not file under this category.)
E. Spouse of an L-1 Intracompany Transferee–(a)(18).File Form I-765 with evidence of your lawful status and evidence you are a spouse of a principal L-1, such as your Form I-94, and a copy of the principal’s visa and your marriage certificate. (Other relatives or dependents of L-1 aliens who are in L status are not eligible for employment authorization and may not file under this category.)
F. Spouse of an E-2 CNMI Investor–(c)(12).File Form I-765 with evidence of your lawful status and evidence you are a spouse of a principal E-2 CNMI Investor, and a copy of the principal E-2 CNMI Investors long-term business certificate or Foreign Investment Certificate. (Please note that spouse of a principal E-2 CNMI Investor who obtained status on the basis of a Foreign Retiree Investment Certification is not eligible for employment authorization and may not file under this category.)
G. Spouse of an H-1B Nonimmigrant–(c)(26).File Form I-765 along with documentation of your current H-4 admission or extension of stay. You must also submit documentation establishing either that the H-1B principal has an approved Immigrant Petition for Alien Worker (Form I-140), or that your current H-4 admission or extension of stay was approved pursuant to the principal H-1B nonimmigrant’s admission or extension of stay based on sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act (AC21). For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539. You may also file Form I-765 at the same time as Form I-539 and Form I-129, Petition for a Nonimmigrant Worker. Please see the USCIS website at www.uscis.gov/I-765 for the most current information on where to file this benefit request.
- (1) Proof of Your Status.Submit a copy of your current Form I-797 approval notice for Form I-539 or Form I-94 showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay; and
- (2) Proof of Relationship to the Principal H-1B.Submit a copy of the marriage certificate for you and the principal H-1B nonimmigrant. If you cannot submit a copy of your current Form I-797, Form I-94, or marriage certificate, USCIS will consider secondary evidence.
- (3) Basis for Work Authorization.Acceptable documentation includes:
(a)Approved Form I-140.Submit evidence that the H-1B principal is the beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140). You may show this by submitting a copy of the H-1B principal’s Form I-797 approval notice for Form I-140; or
(b) H-1B Principal Received AC21 106(a) and (b) Extension.Submit evidence that the principal H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 106(a) and (b). You may show this by submitting copies of the H-1B principal’s passports, prior Forms I-94, and current and prior Forms I-797 for Form I-129. In addition, please submit evidence to establish one of the following bases for the H-1B extension of stay:
Based on Filing of a Permanent Labor Certification Application.Submit evidence that the H-1B principal is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the date the period of admission authorized under AC21 106(a) and (b) takes effect. You may show this by submitting a copy of a printout from the Department of Labor’s (DOL’s) website or other correspondence from the DOL showing the status of the H-1B principal’s Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, you must also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification; or
Based on a Pending Form I-140.If the preference category sought for the principal H-1B spouse does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B principal’s Form I-140 was filed at least 365 days prior to the date the period of admission authorized under AC21 106(a) and (b) takes effect. You may show this by submitting a copy of the Form I-797 Notice of Receipt for Form I-140.(4) Secondary Evidence.If you do not have the evidence listed in 1, 2, or 3 above, you may ask USCIS to consider other evidence (“secondary evidence”) in support of your application for employment authorization as an H-4 spouse. For example, in establishing the Basis for Employment Authorization as described in 3a and 3b, you may submit the receipt number of the H-1B principal’s most current Form I-129 extension of stay or the receipt number of the H-1B principal’s approved Form I-140 petition.
H. Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circ*mstances–(c)(35).File Form I-765 with documents showing that you are eligible for an initial grant or a renewal of employment authorization under the (c)(35) eligibility category.
Initial Application:If this is your first application for compelling circ*mstances employment authorization under the (c)(35) eligibility category, and an immigrant visa number is not yet available to you, you may be eligible if:
(1) You have a Form I-140 approved on your behalf;
(2) You are in the United States in a valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status;and
(3) You face compelling circ*mstances.See the Supporting Evidence by Principal section for more information regarding what documents to submit with your application, including additional requirements where you have been convicted of certain crimes.Renewal Application:If you already have employment authorization under the (c)(35) eligibility category, you may be eligible for renewal if:
(1) You have a Form I-140 approved on your behalf;
(2) You face compelling circ*mstances and an immigrant visa is not authorized for issuance based on your priority dateaccording to the relevant Final Action Date in the Department of State Visa Bulletin in effect on the date the application for a renewal of employment authorization is filed; OR
The difference between your priority date and the Final Action Date for your preference category and country of chargeability is one year or less according to the Department of State Visa Bulletin in effect on the date your renewal application is filed. This means that your priority date cannot be more than 1 year earlier or 1 year later than the Department of State cut-off date in the Visa Bulletin applicable to your preference category and country of chargeability in effect on the date your renewal application is filed. If this is the basis for your renewal application, you are not required to show compelling circ*mstances; AND
(3) You file your renewal application on Form I-765with USCIS before your current employment authorization expires.You are not required to be in a valid nonimmigrant status when you file your renewal application.
