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) 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 called Form I-766.

The EAD card consists of a photo of the individual licensed to work and may consist of the individual's fingerprint. A foreign national who has an EAD usually has open-market work permission, but there are exceptions. The card (Form I-766) is a valid I-9 document for companies.

EAD Validity Period

Generally, a Work Authorization Card is only valid up until it's expiration date. Depending upon the individual's migration status, USCIS generally problems cards for a two-year duration or less. However, certain EADs held by individuals with Temporary Protected Status (TPS) and other designated classifications might be immediately extended beyond the credibility date on the card.

Eligibility for an Employment Authorization Document

There are fundamentally 2 different kinds of nonimmigrants who might be eligible to ask for an EAD. Certain foreign nationals are authorized to operate in the United States based on their immigration status. Although they are currently authorized to work, they may require proof of that privilege. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. but need to request special approval to accept work. Examples consist of adjustment of status candidates, DACA, asylum applicants, and particular trainees.

RECOMMENDED: List of Eligibility Categories for EAD

Permanent locals (permit holders) do not need an Employment Authorization Document. The green card is proof of the cardholder's status and work authorization. Likewise, nonimmigrants authorized to be employed with a particular employer do not require an EAD. Examples of nonimmigrants with this status consist of H-1B and TN visa.

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

How to Request an EAD

Foreign nationals who are eligible for an Employment Authorization Document may ask for 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, a candidate must include the following items for a preliminary demand:

- Form I-765

USCIS fees

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style pictures

- Proof of eligibility


The list above is a generalization. To put it simply, applicants need to send other particular supporting files depending upon the certifying basis of eligibility. Additionally, specific preliminary I-765 requests get submitted with the main application.

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

Applicants that prepare Form I-765 through CitizenPath's service likewise get customized filing guidelines. The filing directions will be based on your particular scenario and will discuss exactly what files to send out with Form I-765.

RECOMMENDED: How to Get a U.S. Work Permit

Renewal

You may renew your Employment Authorization Document if you are still eligible for work permission. File a new Form I-765 and pick the "renewal" choice. Generally, you must not file for a renewal EAD more than 180 days before your latest EAD expires.

Replacement

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