USCIS Revises Work Authorization Application
U.S. Citizenship and Immigration Services (USCIS) has revised the Application for Employment Authorization (Form I-765) to obtain supplemental evidence from foreign physicians with national interest waivers (NIWs). The revised form also reduces the number of reasons for filing.
USCIS said that the new form requires more evidence from NIW physician applicants to ensure that they are not using a pending adjustment of status application solely as a means for employment other than for medical service in designated shortage areas. Previous versions of the I-765 will no longer be accepted but I-765s that were received as of February 21, 2007, will be accepted and processed.
USCIS noted that the revision was necessitated by a recent decision by the U.S. Court of Appeals for the Ninth Circuit (San Francisco), Schneider v. Chertoff, holding that certain NIW physician regulations intending to ensure compliance with the Nursing Relief Act and the Immigration and Nationality Act were ultra vires (beyond power or authority). USCIS said it believes that providing necessary and reliable medical care to medically underserved areas remains an important mission of the Nursing Relief Act and that it is imperative to secure this commitment from NIW physicians.
The revised I-765 removes two options as reasons for filing: (1) replacement of an employment authorization document (EAD) that was never received, and (2) replacement of an EAD that was issued with incorrect information because of a USCIS administrative error. Those who wish to file an I-765 for those reasons should contact the USCIS office that processed their previously filed I-765 (the USCIS letter accompanying the EAD contains the address of that office). Applicants may also call the National Service Center (800-375-5283) to ask about an EAD that was never received or was received with incorrect information.