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


The EAD card includes a photograph of the individual licensed to work and may consist of the person's finger print. A foreign national who has an EAD generally has open-market work authorization, however there are exceptions. The card (Form I-766) is a valid I-9 document for employers.


EAD Validity Period


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


Eligibility for an Employment Authorization Document


There are fundamentally 2 different types of nonimmigrants who might be qualified to request 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 need proof of that privilege. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. but require to ask for unique consent to accept work. Examples consist of modification of status applicants, DACA, asylum seekers, and certain students.


RECOMMENDED: List of Eligibility Categories for EAD


Permanent homeowners (permit holders) do not require an Employment Authorization Document. The green card is proof of the cardholder's status and work permission. Likewise, nonimmigrants authorized to be employed with a specific company 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 a Work Authorization Document may ask for one with Form I-765, Application for Employment Authorization. In many cases, the initial ask for work authorization need to be sent with the application for the underlying status.


Typically, a candidate must include the following items for an initial demand:


- 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 should submit other particular supporting files depending upon the certifying basis of eligibility. Additionally, specific preliminary 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 also get customized filing instructions. The filing directions will be based on your specific circumstance and will discuss exactly what documents to send out with Form I-765.


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


Renewal


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



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