Home" What is a Work Authorization Document (Form I-766)?

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

May 9, 2021

A Work Authorization Document (EAD) is an identification card that U.S. Citizenship and Immigration Services (USCIS) concerns to particular 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 known as Form I-766.

The EAD card consists of a photo of the specific licensed to work and may consist of the person's fingerprint. A foreign national who has an EAD typically has open-market employment permission, however there are exceptions. The card (Form I-766) is a legitimate I-9 file for employers.

EAD Validity Period

Generally, a Work Authorization Card is only valid until it's expiration date. Depending upon the individual's migration status, USCIS typically concerns 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 validity date on the card.

Eligibility for an Employment Authorization Document

There are basically two different kinds of nonimmigrants who may be eligible to ask for an EAD. Certain foreign nationals are licensed to operate in the United States based on their migration status. Although they are currently licensed to work, they may require proof of that opportunity. Examples include asylees and refugees. Other foreign nationals are inside the U.S. but require to request unique permission to accept employment. Examples include modification of status candidates, DACA, asylum seekers, and particular students.

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Permanent locals (permit holders) do not need an Employment Authorization Document. The permit is proof of the cardholder's status and work authorization. Likewise, nonimmigrants licensed to be used with a specific company 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 qualified for a Work Authorization Document may ask for one with Form I-765, Application for Employment Authorization. Sometimes, the preliminary ask for work authorization must be sent with the application for the underlying status.

Typically, a candidate should consist of the following items for a preliminary request:

- Form I-765

USCIS fees

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style images

- Proof of eligibility


The list above is a generalization. In other words, applicants must send other specific supporting files depending on the certifying basis of eligibility. Additionally, particular preliminary I-765 requests get submitted with the primary application.

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

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

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Renewal

You may renew your Employment Authorization Document if you are still qualified for work permission. File a new Form I-765 and select the "renewal" option. Generally, you should not file for a renewal EAD more than 180 days before your most current EAD expires.

Replacement

You may change your Employment Authorization Document if your most current EAD is lost, taken or destroyed. File a new Form I-765 and pick the "replacement" option. If you did not get an EAD that USCIS mailed, you can send an inquiry on non-delivery of a card.