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

What is an Employment 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 particular qualifying foreign nationals to work in the United States. Many people refer to the card as a work permit. At USCIS, the Employment Authorization Document is understood as Form I-766.

The EAD card includes a photo 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 employment permission, but there are exceptions. The card (Form I-766) is a legitimate I-9 document for employers.

EAD Validity Period

Generally, an Employment Authorization Card is just legitimate till it's expiration date. Depending on the individual's immigration status, USCIS usually issues cards for a two-year duration or less. However, specific EADs held by people with Temporary Protected Status (TPS) and other designated categories might be automatically extended beyond the validity date on the card.

Eligibility for a Work Authorization Document

There are basically 2 different types of nonimmigrants who may be qualified to request an EAD. Certain foreign nationals are authorized to operate in the United States based on their immigration status. Although they are already authorized to work, they might need evidence of that benefit. Examples include asylees and refugees. Other foreign nationals are inside the U.S. but require to request special authorization to accept work. Examples consist of change of status candidates, DACA, asylum seekers, and particular students.

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Permanent homeowners (green card holders) do not require an Employment Authorization Document. The permit is proof of the cardholder's status and work authorization. Likewise, nonimmigrants licensed to be used with a specific employer 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. In some cases, the preliminary demand for work authorization must be sent with the application for the underlying status.

Typically, an applicant should include the following items for a preliminary demand:

- Form I-765

USCIS charges

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style images

- Proof of eligibility


The list above is a generalization. To put it simply, candidates must submit other specific supporting documents depending on the certifying basis of eligibility. Additionally, certain initial I-765 demands get submitted with the primary application.

Mistakes on your Form I-765 can trigger expensive delays or a denial.

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

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Renewal

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

Replacement

You might change your Employment Authorization Document if your latest EAD is lost, taken or ruined. File a new Form I-765 and choose the "replacement" choice. If you did not receive an EAD that USCIS mailed, you can send a query on non-delivery of a card.