Elkhart, IN asked in Immigration Law for Indiana

Q: I-765: Initial or Renewal of permission to accept employment?

As an F-1 student, I have previously submitted form I-765 (employment authorization). Now while applying for adjustment of status after marrying a US citizen, should I say that this is my initial permission to accept employment? Or is it a renewal of my permission to accept employment?

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: Initial permission as it will be based on C9 category

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: When you previously filed Form I-765 as an F-1 student, it was likely for Optional Practical Training (OPT) or Curricular Practical Training (CPT). However, applying for an adjustment of status after marriage to a U.S. citizen introduces a different context for employment authorization.

In this case, when you're applying for employment authorization as part of an adjustment of status, you should treat it as an initial application. The employment authorization you had under F-1 status was specific to your student status and its associated conditions. Now, you are applying under a completely different immigration category based on your marital relationship.

Remember to fill out the form accurately reflecting that this is a new application under a new category of eligibility. This will help avoid any confusion about your previous authorizations and the current request. Good luck with your application process!

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