Top 10 Common Reasons for an I-765 Denial

Top 10 Common Reasons for an I 765 Denial

Navigating the various forms and procedures involved with U.S. immigration can be daunting. One significant form for people seeking employment authorization is Form I-765, Application for Employment Authorization. Unfortunately, many applicants fail to file it properly and face an I-765 denial despite its importance.


Understanding Form I-765

Form I-765, the Application for Employment Authorization is a document that non-citizens in specific visa categories must file to work legally in the U.S. The approval of Form I-765 grants an Employment Authorization Document (EAD), often known as a work permit.


The Importance of Accuracy when Filing I-765

Accuracy is paramount when filling out Form I-765. Incomplete or incorrect information can lead to delays or even denials, so paying detailed attention to each part of the application is crucial.


Top 10 Common Reasons for I-765 Denial

  1. Incorrect or Missing Information: Even minor errors, such as a misspelled name or inaccurate date, can lead to a denial of Form I-765. Applicants must diligently review and double-check all the information provided on the form. The omission of any significant data can also be grounds for denial.
  2. Incorrect Filing Category: Form I-765 has several filing categories listed in Part 2. It’s essential to correctly identify and enter the category that aligns with the applicant’s eligibility. A wrong category selection can render the application inappropriate for processing, leading to denial.
  3. Misdemeanors or Criminal Records: A person’s criminal history can significantly influence an I-765 application. USCIS reviews and considers any criminal records or misdemeanors when evaluating the applicant’s admissibility to the U.S. and eligibility for employment authorization. Disclosure of all such records is mandatory, and non-disclosure may lead to denial.
  4. Inconsistent Travel Information: Providing accurate information about the applicant’s recent travels, including dates and reasons for exit and re-entry into the U.S., is critical. Inconsistencies in this data can arouse suspicion and potentially result in a denial.
  5. Incorrect Employer Information on E-verifying: If the employer’s information provided for E-verification does not precisely match the data in the E-Verify system, it may result in a denial. Therefore, it’s crucial to ensure the employer information, including the E-Verify company ID, is correct.
  6. Missed Signatures: Every required field in the form must be signed. A missing signature can lead to immediate denial, implying the applicant’s unwillingness to affirm the provided information.
  7. Insufficient Documentation: USCIS requires specific supporting documents to process the I-765 application. Failure to submit all the necessary documents or submitting deficient or irrelevant documents can lead to denial.
  8. Eligibility Issues: If an applicant does not meet the specific eligibility requirements to file Form I-765, such as being in a valid non-immigrant status or having valid grounds for employment authorization, their application will likely be denied.
  9. Status Issues: Maintaining a lawful status in the U.S. is fundamental to receiving employment authorization—applications from individuals out of status when filing or with a history of unauthorized employment can be denied.
  10. Incorrect Fee Payment: Each I-765 application must be accompanied by the correct fee. Failure to provide the proper fee or an incorrect payment mode can lead to the application’s rejection.

Though seemingly straightforward, these common reasons for denial often become points of error. By understanding these points and ensuring accuracy, applicants can significantly improve the chances of their I-765 approval.


What to Do After Denial

Receiving an I-765 denial can be disheartening, but it’s essential not to be dissuaded. There are measures one can take after such a setback. Here’s how to navigate the post-denial landscape:

  • Review the Denial Letter: USCIS provides explicit reasons for denial in its notice. Carefully reviewing these details can give valuable insights into why the application was rejected. Understanding these reasons can help avoid the same mistakes when reapplying.
  • Consider Reapplying: Depending on the reason for denial, reapplying might be a viable option. Ensure the new application adequately addresses the issues leading to the previous denial. However, applicants should weigh the costs and benefits of reapplying, as USCIS fees can be substantial.
  • Motion to Reopen or Reconsider: If the applicant believes the USCIS decision was incorrect based on the evidence originally submitted or if new evidence has surfaced, they can make a motion to reopen or reconsider the case. It’s important to note that this needs to be done within a specific timeframe.
  • Appealing the Decision: In some cases, the decision to deny can be appealed to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). An appeal must be filed within 30 days of the denial notice date (33 days if the decision was mailed).
  • Seeking Professional Legal Advice: Immigration laws and procedures can be complex. If the reason for denial is not apparent or if the applicant needs guidance on how to proceed, it may be beneficial to consult with an immigration attorney or accredited representative.

While a denial can be a hurdle, it does not signify the journey’s end. It’s an opportunity to revisit, reassess, and realign the application strategy to obtain employment authorization successfully.


Navigating the Course through Form I-765

Applying for and obtaining an Employment Authorization Document (EAD) via Form I-765 can be complex and fraught with potential pitfalls. Although denying an I-765 application can be disheartening, it’s important to understand that it’s not the end of the road.

Understanding the intricacies of Form I-765, being aware of common reasons for denial, and knowing how to navigate the process post-denial are steps toward successful application. Meticulousness, a keen eye for detail, and a comprehensive understanding of the I-765 form are crucial.

The journey through the I-765 maze might be challenging, but with the proper knowledge, careful planning, and mindful execution, it’s navigable. The objective is clear – to secure the employment authorization that opens doors to opportunities and moves applicants one step closer to achieving their American dream.

Remember, every application is unique, and while general advice can provide a helpful roadmap, personalized advice should always be sought to cater to your particular circumstances. Don’t hesitate to seek professional help when necessary. After all, the journey to your dreams deserves your best shot!

If you have any questions about Immigration Laws, call us at 646-859-0205 to schedule a consultation. You can also email us at: info@spektorlawgroup.com or write to us via our Contact Page.

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DISCLAIMER: This information is for reference only and might vary depending on your situation. Please always consult your lawyer for legal matters.