In the United States, an employer must have documentation to prove each employee has been authorized to work. A lawful permanent resident (LPR), for example, can demonstrate their eligibility to work in the U.S. through their Permanent Resident Card. If, however, the person is not an LPR and is instead a nonimmigrant resident of the U.S., an Employment Authorization Document (EAD) is one way to establish their license work in the U.S.

Some individuals may be eligible to apply for EADs. These individuals may include: asylees; refugees; persons awaiting a pending application for asylum, withholding of removal, or an adjustment of status to LPR; or even the abused spouses of nonimmigrants. If an individual is the present or former spouse of a nonimmigrant and that person suffered or is currently suffering abuse at the hands of their nonimmigrant spouse, they may qualify for an EAD through the I-765V form. Obtaining an EAD can be an important step for a victim of abuse to gain freedom and independence from their abuser. To preserve anonymity, the spouse of an applicant will not be informed of the victim’s application for an EAD.

The I-765V form requires the applicant to provide information including their full legal name and any other names they used in the past; their U.S. address; a safe address where the applicant can receive mail; their country of origin and place of birth; information about their last arrival in the U.S. (if any); their spouse’s information and address; information about the status of Ithe marriage; and other demographic information about the applicant. There are four requirements that make an applicant eligible for the I-765V form.

  • The applicant must have accompanied or followed their nonimmigrant spouse to the U.S. and must show that they are currently married to their spouse or that the marriage has since ended, and in the last two years either their spouse died, the marriage was terminated, or their spouse lost their nonimmigrant status as a result of domestic violence.
  • The applicant must currently reside in the U.S.
  • The applicant or their children must have been subjected to extreme cruelty by the applicant’s spouse during the marriage while residing in the U.S.
  • The applicant must have been admitted into the U.S. under INA §101(a)(15)(A), E(iii), G, or H nonimmigrant status.

To prove the applicant meets these requirements, they must provide supporting documentation. First, the applicant must provide evidence of their nonimmigrant status. Examples of this include an I-94 form, a passport, or a copy of any immigration document showing they were admitted into the U.S. under nonimmigrant status. Second, the applicant must provide a document with a photo proving their identity. Third, the applicant must provide proof of their spouse’s status as a nonimmigrant or relevant biographical information that could help the immigration service to verify such status. Fourth, the applicant should provide proof of marriage such as a marriage certificate, a personal statement made under oath, or a statement made under oath of a witness who has knowledge of the marriage. Lastly, there must be evidence of the abuse that was inflicted upon the applicant or their children. Evidence of abuse might include protection orders, court records, police reports, or medical records.

The I-765V application is entirely free of charge. If the applicant is required to attend an interview to give their fingerprints or have their photo taken, no fee will be charged to the applicant. An applicant will make themselves ineligible, however, if they remarry before the application is approved or denied, and an application may be denied for incompleteness.

Getting financial independence is the first step to getting away from an abusive relationship. This allows nonimmigrants the right to work in the U.S. and is a way to support themselves.

If you have questions regarding this or other immigration policies, please contact an attorney at ILBSG. Our experience and dedication to your case will ensure you get the right advice.

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