Home" What is an Employment 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) problems to specific certifying foreign nationals to work in the United States. Many people 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 authorized to work and may include the person's fingerprint. A foreign national who has an EAD usually has open-market employment authorization, however there are exceptions. The card (Form I-766) is a valid I-9 document for companies.

EAD Validity Period

Generally, an Employment Authorization Card is only legitimate until it's expiration date. Depending on the individual's immigration status, USCIS generally concerns cards for a two-year period or less. However, certain EADs held by individuals with Temporary Protected Status (TPS) and other designated classifications might be immediately extended beyond the validity date on the card.

Eligibility for a Work Authorization Document

There are essentially two different kinds of nonimmigrants who might be eligible to ask for an EAD. Certain foreign nationals are authorized to work in the United States based on their immigration status. Although they are currently licensed to work, they may require evidence of that opportunity. Examples include asylees and refugees. Other foreign nationals are inside the U.S. but need to request unique authorization to accept employment. Examples consist of adjustment of status applicants, DACA, asylum hunters, and certain students.

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Permanent residents (green card holders) do not need a Work Authorization Document. The permit is evidence of the cardholder's status and work authorization. Likewise, nonimmigrants authorized to be employed with a specific employer 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 eligible for a Work Authorization Document might ask for one with Form I-765, Application for Employment Authorization. Sometimes, the preliminary request for work authorization should be sent with the application for the underlying status.

Typically, an applicant should consist of the following items for an initial demand:

- Form I-765

USCIS charges

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style pictures

- Proof of eligibility


The list above is a generalization. In other words, applicants must submit other specific supporting files depending on the qualifying basis of eligibility. Additionally, particular initial I-765 requests get sent with the main application.

Mistakes on your Form I-765 can trigger pricey hold-ups or a denial.

Applicants that prepare Form I-765 through CitizenPath's service also get tailored filing instructions. The filing instructions will be based on your particular scenario and will discuss 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 permission. File a new Form I-765 and pick the "renewal" choice. Generally, you need to not apply for a renewal EAD more than 180 days before your newest EAD ends.

Replacement

You might replace your Employment Authorization Document if your most current EAD is lost, stolen or damaged. File a new Form I-765 and choose the "replacement" choice. If you did not get an EAD that USCIS sent by mail, you can submit a query on non-delivery of a card.