Home" What is an Employment Authorization Document (Form I-766)?

What is an Employment Authorization Document (Form I-766)?

May 9, 2021

A Work Authorization Document (EAD) is a recognition card that U.S. Citizenship and Immigration Services (USCIS) issues to certain qualifying foreign nationals to operate in the United States. Many individuals refer to the card as a work license. At USCIS, the Employment Authorization Document is referred to as Form I-766.

The EAD card consists of a photograph of the specific licensed to work and might include the individual's fingerprint. A foreign nationwide who has an EAD typically has open-market work permission, but there are exceptions. The card (Form I-766) is a valid I-9 document for employers.

EAD Validity Period

Generally, a Work Authorization Card is only legitimate up until it's expiration date. Depending on the person's immigration status, USCIS usually concerns cards for a two-year period or less. However, specific EADs held by people with Temporary Protected Status (TPS) and other designated categories may be immediately extended beyond the credibility date on the card.

Eligibility for an Employment Authorization Document

There are essentially two different kinds of nonimmigrants who may be qualified to request an EAD. Certain foreign nationals are licensed to operate in the United States based upon their immigration status. Although they are currently licensed to work, they may need evidence of that opportunity. Examples include asylees and refugees. Other foreign nationals are inside the U.S. but need to ask for unique consent to accept employment. Examples include modification of status applicants, DACA, asylum hunters, and particular students.

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Permanent homeowners (permit holders) do not require an Employment Authorization Document. The green card is proof of the cardholder's status and work permission. Likewise, nonimmigrants authorized to be employed with a particular company do not require an EAD. Examples of nonimmigrants with this status include H-1B and TN visa.

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How to Request an EAD

Foreign nationals who are qualified for a Work Authorization Document may ask for one with Form I-765, Application for Employment Authorization. Sometimes, the initial request for work permission must be submitted with the application for the underlying status.

Typically, an applicant needs to include the following products for an initial request:

- Form I-765

USCIS charges

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style photos

- Proof of eligibility


The list above is a generalization. Simply put, applicants must submit other specific supporting files depending on the certifying basis of eligibility. Additionally, certain initial I-765 requests get sent with the primary application.

Mistakes on your Form I-765 can cause costly hold-ups or a denial.

Applicants that prepare Form I-765 through CitizenPath's service also get personalized filing directions. The filing instructions will be based upon your specific scenario and will explain precisely what files to send out with Form I-765.

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Renewal

You might renew your Employment Authorization Document if you are still qualified for work authorization. File a brand-new Form I-765 and choose the "renewal" option. Generally, you ought to not declare a renewal EAD more than 180 days before your newest EAD ends.

Replacement

You might replace your Employment Authorization Document if your newest EAD is lost, stolen or destroyed. File a new Form I-765 and select the "replacement" alternative. If you did not receive an EAD that USCIS sent by mail, you can send a query on non-delivery of a card.