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

What is an Employment Authorization Document (Form I-766)?

May 9, 2021

A Work Authorization Document (EAD) is a recognition card that U.S. Citizenship and Immigration Services (USCIS) issues to certain 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 referred to as Form I-766.

The EAD card contains a photograph of the specific authorized to work and might consist of the person's finger print. A foreign national who has an EAD generally has open-market work permission, however 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 just valid up until it's expiration date. Depending on the person's immigration status, USCIS generally issues cards for a two-year duration or less. However, certain EADs held by people with Temporary Protected Status (TPS) and other designated classifications may be automatically extended beyond the credibility date on the card.

Eligibility for an Employment Authorization Document

There are essentially two various kinds of nonimmigrants who might be qualified to ask for an EAD. Certain foreign nationals are licensed to work in the United States based on their migration status. Although they are already authorized to work, they may need evidence of that benefit. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. but need to request unique authorization to accept work. Examples consist of adjustment of status candidates, DACA, asylum candidates, and certain trainees.

RECOMMENDED: List of Eligibility Categories for EAD

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

Typically, a candidate needs to consist of the following items for a preliminary demand:

- 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. To put it simply, candidates must send other particular supporting files depending on the certifying basis of eligibility. Additionally, particular preliminary I-765 demands get sent with the main 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 customized filing directions. The filing instructions will be based upon your particular situation and will explain exactly what files to send with Form I-765.

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

Renewal

You might renew your Employment Authorization Document if you are still eligible for work permission. File a brand-new Form I-765 and select the "renewal" option. Generally, you must not declare a renewal EAD more than 180 days before your newest EAD expires.

Replacement

You might change your Employment Authorization Document if your newest EAD is lost, taken or ruined. File a brand-new Form I-765 and select the "replacement" choice. If you did not get an EAD that USCIS mailed, you can submit a query on non-delivery of a card.