[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274a.13]

[Page 705-706]
 
                     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 with the director having 
jurisdiction over applicant's residence, or the director having 
jurisdiction over the port of entry at which the alien applies, or with 
such other Service office as the Commissioner may designate. The 
approval of applications filed under Sec. 274a.12(c) of this part, 
except for

[[Page 706]]

Sec. 274a.12(c)(8), shall be within the discretion of the director or 
such other officer as the Commissioner may designate. 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 with the 
appropriate Service Center or with such other Service office as the 
Commissioner may designate. 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 with the appropriate Service Center or with such other 
Service office as the Commissioner may designate.
    (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 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 district director shall 
adjudicate the application within 90 days from the date of receipt of 
the application by the INS, 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]