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 specific qualifying foreign nationals to operate in the United States. Many people describe the card as a work license. At USCIS, the Employment Authorization Document is referred to as Form I-766.

The EAD card consists of a picture of the specific authorized to work and might include the person's finger print. A foreign national who has an EAD usually has open-market work authorization, but there are exceptions. The card (Form I-766) is a legitimate I-9 file for employers.

EAD Validity Period

Generally, an Employment Authorization Card is just valid till it's expiration date. Depending upon the individual's immigration status, USCIS typically problems cards for a two-year duration or less. However, particular 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 a Work Authorization Document

There are fundamentally two different kinds of nonimmigrants who might be qualified to request an EAD. Certain foreign nationals are licensed to operate in the United States based upon their immigration status. Although they are already authorized to work, they might require evidence of that advantage. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. however require to ask for special approval to accept work. Examples consist of modification of status candidates, DACA, asylum candidates, and specific trainees.

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Permanent homeowners (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 employed with a specific employer 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 an Employment Authorization Document may request one with Form I-765, Application for Employment Authorization. Sometimes, the initial request for work permission should be sent with the application for the underlying status.

Typically, an applicant should include the following items for a preliminary request:

- 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 specific supporting files depending upon the qualifying basis of eligibility. Additionally, certain initial I-765 demands get sent with the primary application.

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

Applicants that prepare Form I-765 through CitizenPath's service also receive tailored filing instructions. The filing instructions will be based on your particular circumstance and will discuss exactly what documents to send with Form I-765.

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Renewal

You may restore your Employment Authorization Document if you are still eligible for work authorization. File a new Form I-765 and pick the "renewal" choice. Generally, you must not apply for a renewal EAD more than 180 days before your newest EAD ends.

Replacement

You may change your Employment Authorization Document if your newest EAD is lost, stolen or ruined. File a new Form I-765 and pick the "replacement" option. If you did not receive an EAD that USCIS sent by mail, you can send a query on non-delivery of a card.