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) issues to specific certifying foreign nationals to work in the United States. Many individuals refer to the card as a work authorization. At USCIS, the Employment Authorization Document is referred to as Form I-766.

The EAD card contains a photo of the individual licensed to work and might consist of the individual's fingerprint. A foreign national who has an EAD generally has open-market employment authorization, but there are exceptions. The card (Form I-766) is a legitimate I-9 file for companies.

EAD Validity Period

Generally, an Employment Authorization Card is only valid until it's expiration date. Depending on the person's migration status, USCIS usually problems cards for a two-year period or less. However, particular EADs held by individuals with Temporary Protected Status (TPS) and other designated classifications might be instantly extended beyond the credibility date on the card.

Eligibility for an Employment Authorization Document

There are basically two different kinds of nonimmigrants who might be eligible to request an EAD. Certain foreign nationals are licensed to work in the United States based upon their immigration status. Although they are already authorized to work, they may need evidence of that privilege. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. however require to request unique consent to accept employment. Examples consist of modification of status applicants, DACA, asylum candidates, and certain trainees.

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Permanent citizens (green card holders) do not require a Work Authorization Document. The permit is proof of the cardholder's status and work permission. Likewise, nonimmigrants licensed to be utilized with a particular 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 an Employment Authorization Document might request one with Form I-765, Application for Employment Authorization. In many cases, the preliminary ask for work permission need to be sent with the application for the underlying status.

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

- Form I-765

USCIS costs

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style photos

- Proof of eligibility


The list above is a generalization. In other words, applicants should submit other specific supporting files depending upon the certifying basis of eligibility. Additionally, specific preliminary I-765 requests get sent with the main application.

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

Applicants that prepare Form I-765 through CitizenPath's service also receive personalized filing instructions. The filing instructions will be based on your particular situation and will explain exactly what files to send with Form I-765.

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Renewal

You may restore your Employment Authorization Document if you are still eligible for work permission. File a brand-new Form I-765 and choose the "renewal" option. 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, stolen or ruined. File a new Form I-765 and select the "replacement" choice. If you did not receive an EAD that USCIS mailed, you can submit a query on non-delivery of a card.