Understanding the I-765V Employment Authorization for Certain Abused Nonimmigrant Spouses

USCIS offers a limited remedy for spouses of U.S. nonimmigrant visa holders who have been a victim, or whose child has been a victim, of battery or extreme cruelty perpetrated by their nonimmigrant visa holder spouse. Form I-765V allows them to apply for a work permit, ideally to help them obtain financial independence from the abusive spouse. However, it does not grant any additional benefits beyond employment authorization. You must be in the U.S. to apply.

To qualify, the abusive nonimmigrant visa holder must have a visa in one of these categories: A (diplomatic), E-3 (Australian specialty occupation worker), G (foreign government or international organization representative), or H (including H-1B, H1-C, H-2A, H-2B, and H-3).

Along with the completed Form I-765V, you must submit the following evidence:

·       Evidence of your qualifying nonimmigrant status (examples include a copy of your visa, I-94, or passport stamp);

·       A copy of any documentation establishing your identity and current nationality (examples include passport, birth certificate);

·       Evidence of your spouse’s qualifying nonimmigrant status (examples include a copy of their visa, I-94, or passport stamp);

·       Evidence of your qualifying relationship to your spouse (marriage certificate);

·       Evidence of the abuse (examples include police reports, restraining orders, photos, medical records, and/or personal declaration); and

·       Two identical color passport-style photographs. 

At Bennett & Harker, we understand the sensitivity and complexity of cases involving domestic violence. Our attorneys are compassionate and dedicated to guiding survivors through every step of the process. Obtaining employment authorization through the I-765V, can help survivors rebuild their lives free from abuse. If you or someone you know is in an abusive relationship and seeking immigration relief, please do not hesitate to contact us. We are here to provide the necessary support and legal assistance.