What is A Work Authorization Document (Form I-766)?

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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) problems to particular certifying foreign nationals to work in the United States. Many individuals refer to the card as a work license. At USCIS, the Employment Authorization Document is understood as Form I-766.


The EAD card includes a photograph of the specific authorized to work and might include the person's fingerprint. A foreign nationwide who has an EAD typically has open-market employment authorization, but there are exceptions. The card (Form I-766) is a valid I-9 file for employers.


EAD Validity Period


Generally, a Work Authorization Card is only valid until it's expiration date. Depending on the individual's migration status, USCIS generally concerns cards for a two-year period or less. However, particular EADs held by people with Temporary Protected Status (TPS) and other designated classifications might be automatically extended beyond the validity date on the card.


Eligibility for a Work Authorization Document


There are basically two different types of nonimmigrants who might be eligible to ask for an EAD. Certain foreign nationals are authorized to operate in the United States based upon their migration status. Although they are already licensed to work, they might require evidence of that advantage. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. but need to ask for unique approval to accept employment. Examples consist of modification of status candidates, DACA, asylum seekers, and certain students.


RECOMMENDED: List of Eligibility Categories for EAD


Permanent homeowners (permit 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 used with a particular employer do not require an EAD. Examples of nonimmigrants with this status include H-1B and TN visa.


RECOMMENDED: U.S. Work Visa Types for Foreign Nationals


How to Request an EAD


Foreign nationals who are qualified for a Work Authorization Document might ask for one with Form I-765, Application for Employment Authorization. In many cases, the initial request for work permission should be sent with the application for the underlying status.


Typically, a candidate must include the following items for a preliminary request:


- Form I-765

USCIS fees

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style photos

- Proof of eligibility


The list above is a generalization. To put it simply, candidates need to submit other particular supporting files depending on the qualifying basis of eligibility. Additionally, particular initial I-765 demands get sent with the main application.


Mistakes on your Form I-765 can cause costly hold-ups or a rejection.


Applicants that prepare Form I-765 through CitizenPath's service likewise receive tailored filing directions. The filing guidelines will be based upon your specific situation and will describe exactly what documents to send with Form I-765.


RECOMMENDED: How to Make an application for a U.S. Work Permit


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" option. Generally, you should not apply for a renewal EAD more than 180 days before your latest EAD ends.


Replacement


You may change your Employment Authorization Document if your newest EAD is lost, taken or damaged. File a brand-new Form I-765 and pick the "replacement" choice. If you did not get an EAD that USCIS sent by mail, you can send an inquiry on non-delivery of a card.



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