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

What is a Work 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 certain certifying foreign nationals to operate in the United States. Lots of people describe the card as a work license. At USCIS, the Employment Authorization Document is understood as Form I-766.

The EAD card includes a photograph of the individual authorized to work and might consist of the person'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 file for employers.

EAD Validity Period

Generally, an Employment Authorization Card is only valid until it's expiration date. Depending upon the person's immigration status, USCIS usually issues cards for a two-year duration or less. However, certain EADs held by people with Temporary Protected Status (TPS) and other designated categories may be automatically extended beyond the validity date on the card.

Eligibility for a Work Authorization Document

There are essentially two various types of nonimmigrants who might be qualified to ask for an EAD. Certain foreign nationals are licensed to operate in the United States based on their migration status. Although they are already licensed to work, they may need proof of that advantage. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. but need to ask for special consent to accept employment. Examples include change of status candidates, DACA, asylum hunters, and certain students.

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Permanent homeowners (permit holders) do not need a Work Authorization Document. The green card is evidence of the cardholder's status and work authorization. Likewise, nonimmigrants authorized to be used with a particular 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 eligible for a Work Authorization Document might request one with Form I-765, Application for Employment Authorization. Sometimes, the preliminary demand for work authorization need to be sent with the application for the underlying status.

Typically, an applicant needs to include the following products for an initial request:

- Form I-765

USCIS costs

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style pictures

- Proof of eligibility


The list above is a generalization. Simply put, candidates should submit other specific supporting documents depending upon the qualifying basis of eligibility. Additionally, specific preliminary I-765 requests get sent with the primary application.

Mistakes on your Form I-765 can trigger pricey delays or a denial.

Applicants that prepare Form I-765 through CitizenPath's service also get customized filing instructions. The filing instructions will be based on your particular circumstance and will describe precisely 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 select the "renewal" choice. Generally, you should not declare a renewal EAD more than 180 days before your most recent EAD ends.

Replacement

You may replace your Employment Authorization Document if your newest EAD is lost, taken or destroyed. File a brand-new Form I-765 and choose the "replacement" choice. If you did not receive an EAD that USCIS sent by mail, you can send an inquiry on non-delivery of a card.