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 a recognition card that U.S. Citizenship and Immigration Services (USCIS) problems to particular 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 contains a photograph of the individual licensed to work and may consist of the person's fingerprint. A foreign nationwide who has an EAD generally 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 valid up until it's expiration date. Depending upon the person's immigration status, USCIS usually issues cards for a two-year duration or less. However, particular EADs held by people with Temporary Protected Status (TPS) and other designated classifications might be immediately extended beyond the validity date on the card.

Eligibility for an Employment Authorization Document

There are basically two different kinds of nonimmigrants who may be eligible to request an EAD. Certain foreign nationals are licensed to work in the United States based on their immigration status. Although they are currently licensed to work, they may require proof of that benefit. Examples include asylees and refugees. Other foreign nationals are inside the U.S. but require to ask for special consent to accept work. Examples include adjustment of status candidates, DACA, asylum candidates, and specific students.

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Permanent homeowners (permit holders) do not need an Employment Authorization Document. The green card is proof of the cardholder's status and work permission. Likewise, nonimmigrants authorized to be used 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 eligible for an Employment Authorization Document might request one with Form I-765, Application for Employment Authorization. In many cases, the preliminary demand for work authorization need to be submitted with the application for the underlying status.

Typically, an applicant needs to include the following items for a preliminary request:

- Form I-765

USCIS costs

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style pictures

- Proof of eligibility


The list above is a generalization. To put it simply, applicants must send other specific supporting files depending upon the qualifying basis of eligibility. Additionally, particular preliminary I-765 demands get submitted with the primary application.

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

Applicants that prepare Form I-765 through CitizenPath's service also get personalized filing guidelines. The filing directions will be based on your particular circumstance and will describe exactly what files to send out with Form I-765.

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Renewal

You may restore your Employment Authorization Document if you are still qualified for work permission. File a new Form I-765 and select the "renewal" alternative. Generally, you ought to not declare a renewal EAD more than 180 days before your newest EAD expires.

Replacement

You may replace your Employment Authorization Document if your most recent EAD is lost, stolen or destroyed. File a new Form I-765 and choose the "replacement" option. If you did not get an EAD that USCIS mailed, you can send an inquiry on non-delivery of a card.