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 an identification card that U.S. Citizenship and Immigration Services (USCIS) problems to particular qualifying foreign nationals to operate in the United States. Many individuals refer to the card as a work license. At USCIS, the Employment Authorization Document is referred to as Form I-766.

The EAD card includes a picture of the specific licensed to work and might consist of the person’s fingerprint. A foreign nationwide who has an EAD generally has open-market employment authorization, but there are exceptions. The card (Form I-766) is a valid I-9 document for employers.

EAD Validity Period

Generally, an Employment Authorization Card is just valid up until it’s expiration date. Depending on the individual’s immigration status, USCIS generally problems 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 essentially 2 different types of nonimmigrants who might be qualified to ask for an EAD. Certain foreign nationals are authorized to work in the United States based on their migration status. Although they are already authorized to work, they might need proof of that advantage. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. however need to ask for special authorization to accept work. Examples include modification of status candidates, DACA, asylum applicants, and certain students.

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Permanent residents (permit holders) do not require a Work Authorization Document. The green card is proof of the cardholder’s status and work permission. Likewise, nonimmigrants authorized to be used 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 a Work Authorization Document may request one with Form I-765, Application for Employment Authorization. In many cases, the preliminary demand for work authorization must be submitted with the application for the underlying status.

Typically, an applicant ought to include the following products for a preliminary request:

- Form I-765
USCIS charges
- Copy of Form I-94 Arrival/Departure Record
- Two passport-style pictures
- Proof of eligibility
The list above is a generalization. In other words, candidates need to send other specific supporting documents depending on the certifying basis of eligibility. Additionally, specific preliminary I-765 demands get submitted with the primary 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 instructions. The filing instructions will be based on your specific scenario and will describe precisely what documents 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 authorization. File a new Form I-765 and choose the “renewal” alternative. Generally, you need to not submit for a renewal EAD more than 180 days before your most current EAD expires.

Replacement

You may replace your Employment Authorization Document if your most recent EAD is lost, stolen or destroyed. File a new Form I-765 and choose the “replacement” option. If you did not receive an EAD that USCIS mailed, you can submit an inquiry on non-delivery of a card.

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