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

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 particular certifying foreign nationals to work in the United States. Many individuals describe the card as a work authorization. At USCIS, the Employment Authorization Document is known as Form I-766.

The EAD card contains a photograph 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 employment permission, however there are exceptions. The card (Form I-766) is a legitimate I-9 file for companies.

EAD Validity Period

Generally, a Work Authorization Card is only legitimate until it's expiration date. Depending on the person's immigration status, USCIS generally issues cards for a two-year period or less. However, particular EADs held by people with Temporary Protected Status (TPS) and other designated classifications may be automatically extended beyond the validity date on the card.

Eligibility for an Employment Authorization Document

There are fundamentally two different types of nonimmigrants who might be qualified to ask for an EAD. Certain foreign nationals are authorized to operate in the United States based on their immigration status. Although they are already authorized to work, they may need proof of that opportunity. Examples include asylees and refugees. Other foreign nationals are inside the U.S. but need to ask for special permission to accept employment. Examples consist of modification of status applicants, DACA, asylum applicants, and particular trainees.

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Permanent residents (green card holders) do not require a Work Authorization Document. The green card is evidence of the cardholder's status and work authorization. Likewise, nonimmigrants licensed 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 qualified for a Work Authorization Document might request one with Form I-765, Application for Employment Authorization. In many cases, the preliminary demand for work permission should be sent with the application for the underlying status.

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

- Form I-765

USCIS costs

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style images

- Proof of eligibility


The list above is a generalization. Simply put, candidates should send other specific supporting documents 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 cause costly delays or a denial.

Applicants that prepare Form I-765 through CitizenPath's service also get customized filing directions. The filing instructions will be based on your particular scenario and will describe exactly what documents to send out with Form I-765.

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Renewal

You may renew your Employment Authorization Document if you are still eligible for work permission. File a brand-new Form I-765 and choose the "renewal" option. Generally, you should not file for a renewal EAD more than 180 days before your latest EAD ends.

Replacement

You might replace your Employment Authorization Document if your latest EAD is lost, stolen or damaged. File a new Form I-765 and select the "replacement" alternative. If you did not get an EAD that USCIS sent by mail, you can submit an inquiry on non-delivery of a card.