Today, we’re diving into the USCIS Policy Manual Volume 8, Part K, Chapter 2. This chapter covers the adjudication of Form I-765, Application for Employment Authorization.
Form I-765 is used by individuals who are seeking employment authorization in the United States. This could be for a variety of reasons, such as being a nonimmigrant student seeking optional practical training, a refugee or asylee seeking employment authorization, or an individual with a pending adjustment of status application.
In this chapter, the USCIS Policy Manual provides guidance to officers on the eligibility requirements for employment authorization, the process for adjudicating Form I-765, and the different categories of eligibility. It also outlines the procedures for requesting additional evidence, conducting interviews, and making determinations on applications.
One of the key points emphasized in this chapter is that the burden of proof falls on the applicant to establish eligibility for employment authorization. This means that the applicant must provide sufficient evidence to demonstrate their eligibility under the specific category for which they are applying.
Additionally, the USCIS Policy Manual outlines the different categories of eligibility for employment authorization, such as asylum applicants, spouses of certain nonimmigrant visa holders, and certain individuals with pending adjustment of status applications. Each category has its own specific eligibility requirements, and officers must carefully review the evidence submitted to determine if the applicant meets those requirements.
It’s important to note that employment authorization is not a guarantee and is granted at the discretion of USCIS. Officers must consider all evidence and make a determination based on the totality of the circumstances.
This chapter also provides guidance on how officers should handle delays in adjudication, requests for expedited processing, and how to handle applications that are filed concurrently with other immigration benefits.
Overall, the USCIS Policy Manual Volume 8, Part K, Chapter 2 provides a comprehensive guide for officers on how to properly adjudicate Form I-765 applications. As with all USCIS policies, it is subject to change and officers must stay up to date on any updates or changes.