[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274a.13]

[Page 727-728]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 274a_CONTROL OF EMPLOYMENT OF ALIENS--Table of Contents
 
                   Subpart B_Employment Authorization
 
Sec. 274a.13  Application for employment authorization.

    (a) General. Aliens authorized to be employed under section 
274a.12(a)(3), (a)(4), (a)(6)-(8), (a)(10)-(15), and (a)(20) must file 
an Application for Employment Authorization (Form I-765) in order to 
obtain documentation evidencing this fact.
    (1) Aliens who may apply for employment authorization under Sec. 
274a.12(c) of this part, except for those who may apply under Sec. 
274a.12(c)(8), shall file a Form I-765, Application for Employment 
Authorization. The approval of applications filed under Sec. 274a.12(c) 
of this part, except for Sec. 274a.12(c)(8), shall be within the 
discretion of USCIS. Where economic necessity has been identified as a 
factor, the alien must provide information regarding his or her assets, 
income, and expenses in accordance with instructions on Form I-765.
    (2) An initial Application for Employment Authorization (Form I-765) 
for asylum applicants under 274a.12(c)(8) of this part shall be filed in 
accordance with instructions on or attached to Form I-765. The applicant 
also must submit a copy of the underlying application for asylum or 
withholding of deportation, together with evidence that the application 
has been filed in accordance with Sec. Sec. 208.3 and 208.4 of this 
chapter. An application for an initial employment authorization or for a 
renewal of employment authorization filed in relation to a pending claim 
for asylum shall be adjudicated in accordance with Sec. 208.7 of this 
chapter. An application for renewal or replacement of employment 
authorization submitted in relation to a pending claim for asylum, as 
provided in Sec. 208.7 of this chapter, shall be filed, with fee or 
application for waiver of such fee, in accordance with the instructions 
on or attached to Form I-765.
    (b) Approval of application. If the application is granted, the 
alien shall be notified of the decision and issued an INS employment 
authorization document valid for a specific period and

[[Page 728]]

subject to any terms and conditions as noted.
    (c) Denial of application. If the application is denied, the 
applicant shall be notified in writing of the decision and the reasons 
for the denial. There shall be no appeal from the denial of the 
application.
    (d) Interim employment authorization. The USCIS shall adjudicate the 
application within 90 days from the date of receipt of the application 
by USCIS, except in the case of an initial application for employment 
authorization under Sec. 274a.12(c)(8), which is governed by paragraph 
(a)(2) of this section, and Sec. 274a.12(c)(9) insofar as it is 
governed by Sec. Sec. 245.13(j) and 245.15(n) of this chapter. Failure 
to complete the adjudication within 90 days will result in the grant of 
an employment authorization document for a period not to exceed 240 
days. Such authorization shall be subject to any conditions noted on the 
employment authorization document. However, if the director adjudicates 
the application prior to the expiration date of the interim employment 
authorization and denies the individual's employment authorization 
application, the interim employment authorization granted under this 
section shall automatically terminate as of the date of the director's 
adjudication and denial.

[52 FR 16221, May 1, 1987, as amended at 55 FR 25937, June 25, 1990; 56 
FR 41787, Aug. 23, 1991; 59 FR 33905, July 1, 1994; 59 FR 62303, Dec. 5, 
1994; 60 FR 21976, May 4, 1995; 63 FR 39121, July 21, 1998; 64 FR 25773, 
May 12, 1999; 65 FR 15846, Mar. 24, 2000; 72 FR 53042, Sept. 17, 2007; 
74 FR 26940, June 5, 2009]