Do I Need to Submit a Copy of My Birth Certificate with Form I-765 Application for Employment Authorization?

When applying for an Employment Authorization Document (EAD) using Form I-765, it is crucial to understand the documentation requirements to ensure a smooth application process. One common question is whether you need to submit a copy of your birth certificate.

The short answer is no, you do not need to submit a copy of your birth certificate if you can provide other documentation when you are applying for work authorization using Form I-765.

USCIS requires applicants to provide proof of identity when submitting Form I-765. The specific documents you need to submit depend on whether you have previously been issued an EAD.

USCIS instructions to Form I-765 as of the date of writing:

Submit the following identification: A copy of your last EAD (front and back). If you were not previously issued an EAD, you must submit a copy of a government-issued identity document (such as a passport) showing your picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint. The identity document photocopy must clearly show your facial features and contain your biographical information.

If You Have Been Issued an EAD Before

If you have previously been issued an EAD, you need to submit a copy of your last EAD (both front and back). This serves as sufficient proof of identity and there is no need to submit a birth certificate in this case.

If You Have Not Been Issued an EAD Before

If you have never been issued an EAD, you must provide a different form of identification. According to USCIS guidelines, acceptable documents include:

  • A government-issued identity document (such as a passport) showing your picture, name, and date of birth, OR
  • A birth certificate with a photo ID, OR
  • A visa issued by a foreign consulate, OR
  • A national ID document with photo and/or fingerprint

The key requirement is that the document you provide from the above list must clearly show your facial features and include your biographical information. However, to help USCIS verify your identity, we counsel clients to always include:

  • Copy of passport showing your picture, name, date of birth
  • I-94 digital record information

SEND US AN INQUIRY

Have an immigration question? Fill out a consultation form and an immigration attorney will reach out to you shortly.

Similar Posts