Home" What is an Employment 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) issues to certain qualifying foreign nationals to operate in the United States. Many people refer to the card as a work permit. At USCIS, the Employment Authorization Document is called Form I-766.

The EAD card contains a photograph of the private authorized to work and may consist of the individual's fingerprint. A foreign national who has an EAD typically has open-market work authorization, but there are exceptions. The card (Form I-766) is a legitimate I-9 document for employers.

EAD Validity Period

Generally, a Work Authorization Card is only legitimate up until it's expiration date. Depending on 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 categories might be immediately extended beyond the credibility date on the card.

Eligibility for a Work Authorization Document

There are fundamentally 2 different types of nonimmigrants who might be eligible to request an EAD. Certain foreign nationals are authorized to work in the United States based upon their immigration status. Although they are currently authorized to work, they might require proof of that advantage. Examples include asylees and refugees. Other foreign nationals are inside the U.S. but require to request special approval to accept work. Examples include adjustment of status applicants, DACA, asylum hunters, and particular trainees.

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Permanent locals (permit holders) do not need a Work Authorization Document. The green card is proof of the cardholder's status and work permission. Likewise, nonimmigrants authorized to be utilized with a specific employer do not require 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 eligible for an Employment Authorization Document may request one with Form I-765, Application for Employment Authorization. In some cases, the initial ask for work permission must be submitted with the application for the underlying status.

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

- Form I-765

USCIS costs

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style photos

- Proof of eligibility


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

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

Applicants that prepare Form I-765 through CitizenPath's service also receive individualized filing directions. The filing directions will be based on your particular situation and will discuss precisely what files to send out with Form I-765.

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Renewal

You might restore your Employment Authorization Document if you are still qualified for work permission. File a brand-new Form I-765 and select the "renewal" alternative. Generally, you should not submit for a renewal EAD more than 180 days before your most recent EAD ends.

Replacement

You may replace your Employment Authorization Document if your latest EAD is lost, stolen or ruined. File a brand-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.