According to the I-485 webpage for under "Special Instructions",

Filing Forms I-765 and I-131 with Form I-485

If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole. You may submit these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485.

However, on the instructions for the I-765 it says,

(c)(9) or (c)(16) Any current adjustment of status or registry applicant who filed for adjustment of status on or after July 30, 2007 and before October 2, 2020, and paid the appropriate Form I-485 filing fee. You must submit a copy of your Form I-797C Notice for Form I-485 as evidence you filed Form I-485 during that time period and paid the appropriate fee. If you did not pay the Form I-485 fee, you must pay the Form I-765 filing fee.

Does this mean that the fee for the I-765 must be paid as well as the fee for the I-485 if filed after October 2, 2020? Is the website out of date, or are the instructions wrong?

1 Answer 1


That's not the link to the I-765 instructions. I-765 instructions are here.

What you linked to might be a version of the I-765 instructions that were supposed to be used with the August 2020 fee change rule, which was blocked by the courts in September 2020 before it came into effect, and was never implemented. (There is a note about it on this fees page.) As far as I can tell, that edition of the instructions was never used. The current as well as previous two editions of the I-765 (here and here) do not have the text you quoted.

Update: However, for I-485 filed on or after April 1, 2024, filing I-765 for EAD has a fee of $260, and filing I-131 for Advance Parole has a fee of $630. See the USCIS fee schedule. If you filed I-485 before April 1, 2024, EAD and Advance Parole based on that I-485 are still free, even if those are filed after April 1, 2024.

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