Home" What is a Work Authorization Document (Form I-766)?

What is a Work Authorization Document (Form I-766)?

May 9, 2021

An Employment Authorization Document (EAD) is an identification card that U.S. Citizenship and Immigration Services (USCIS) concerns to specific qualifying foreign nationals to operate in the United States. Many individuals refer to the card as a work authorization. At USCIS, the Employment Authorization Document is called Form I-766.

The EAD card includes a picture of the private authorized to work and may consist of the individual's finger print. A foreign national who has an EAD generally has open-market employment authorization, but there are exceptions. The card (Form I-766) is a valid I-9 file for companies.

EAD Validity Period

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

Eligibility for an Employment Authorization Document

There are essentially 2 different types of nonimmigrants who might be eligible to ask for an EAD. Certain foreign nationals are licensed to work in the United States based on their immigration status. Although they are currently authorized to work, they might need evidence of that benefit. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. but need to request special permission to accept work. Examples consist of modification of status applicants, DACA, asylum hunters, and particular students.

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Permanent citizens (green card holders) do not require a Work Authorization Document. The green card is evidence of the cardholder's status and work authorization. Likewise, nonimmigrants authorized to be used with a particular company do not need 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 an Employment Authorization Document might request one with Form I-765, Application for Employment Authorization. Sometimes, the initial demand for work authorization need to be submitted with the application for the underlying status.

Typically, a candidate must include the following products for a preliminary demand:

- Form I-765

USCIS fees

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style pictures

- Proof of eligibility


The list above is a generalization. Simply put, candidates need to submit other specific supporting documents depending upon the certifying basis of eligibility. Additionally, particular initial I-765 demands get submitted with the main application.

Mistakes on your Form I-765 can cause expensive hold-ups or a rejection.

Applicants that prepare Form I-765 through CitizenPath's service also get individualized filing instructions. The filing guidelines will be based upon your particular scenario and will discuss precisely what documents to send out with Form I-765.

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Renewal

You may renew your Employment Authorization Document if you are still qualified for work authorization. File a new Form I-765 and select the "renewal" option. Generally, you must not apply for a renewal EAD more than 180 days before your newest EAD ends.

Replacement

You may change your Employment Authorization Document if your newest EAD is lost, taken or ruined. 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 an inquiry on non-delivery of a card.