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 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 permit. At USCIS, the Employment Authorization Document is understood as Form I-766.

The EAD card consists of a photograph of the individual authorized to work and may include the individual's fingerprint. A foreign national who has an EAD generally has open-market work authorization, but there are exceptions. The card (Form I-766) is a valid I-9 file for companies.

EAD Validity Period

Generally, an Employment Authorization Card is just legitimate up until it's expiration date. Depending upon the person's migration status, USCIS normally issues cards for a two-year period or less. However, certain EADs held by individuals with Temporary Protected Status (TPS) and other designated classifications may be immediately extended beyond the validity date on the card.

Eligibility for an Employment Authorization Document

There are basically two different types of nonimmigrants who might be qualified to request an EAD. Certain foreign nationals are licensed to work in the United States based upon their migration status. Although they are currently authorized to work, they might need proof of that benefit. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. however need to request unique consent to accept work. Examples consist of modification of status applicants, DACA, asylum hunters, and particular students.

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Permanent homeowners (green card holders) do not require an Employment Authorization Document. The green card is evidence of the cardholder's status and work permission. Likewise, nonimmigrants licensed to be used with a specific company do not require an EAD. Examples of nonimmigrants with this status consist of H-1B and TN visa.

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How to Request an EAD

Foreign nationals who are eligible for a Work Authorization Document might ask for one with Form I-765, Application for Employment Authorization. Sometimes, the preliminary demand for work authorization need to be sent with the application for the underlying status.

Typically, an applicant must consist of the following products for an initial demand:

- 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. Simply put, applicants must send other specific supporting files depending upon the qualifying basis of eligibility. Additionally, specific initial I-765 demands get submitted with the main application.

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

Applicants that prepare Form I-765 through CitizenPath's service also get personalized filing instructions. The filing guidelines will be based on your particular circumstance and will discuss exactly 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 eligible for work authorization. File a brand-new Form I-765 and select the "renewal" alternative. Generally, you must not apply for a renewal EAD more than 180 days before your latest EAD expires.

Replacement

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