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

What is an Employment 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. Lots of people refer to the card as a work permit. At USCIS, the Employment Authorization Document is referred to as Form I-766.

The EAD card consists of a photo of the individual authorized to work and may include the person's finger print. A foreign national who has an EAD generally has open-market work permission, but there are exceptions. The card (Form I-766) is a legitimate I-9 document for employers.

EAD Validity Period

Generally, an Employment Authorization Card is only legitimate until it's expiration date. Depending on the person's migration 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 basically two different kinds of nonimmigrants who might be qualified to ask for 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 privilege. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. but need to request special authorization to accept employment. Examples consist of adjustment of status applicants, DACA, asylum hunters, and certain students.

RECOMMENDED: List of Eligibility Categories for EAD

Permanent citizens (green card holders) do not require a Work Authorization Document. The green card is evidence of the cardholder's status and work permission. Likewise, nonimmigrants authorized to be used with a particular company do not need an EAD. Examples of nonimmigrants with this status include H-1B and TN visa.

RECOMMENDED: U.S. Work Visa Types for Foreign Nationals

How to Request an EAD

Foreign nationals who are qualified for an Employment Authorization Document may ask for one with Form I-765, Application for Employment Authorization. In some cases, the preliminary demand for work permission need to be submitted with the application for the underlying status.

Typically, an applicant needs to consist of the following items for an initial demand:

- 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. In other words, candidates must send other specific supporting files depending upon the certifying basis of eligibility. Additionally, certain initial I-765 demands get submitted with the primary application.

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

Applicants that prepare Form I-765 through CitizenPath's service likewise receive tailored filing instructions. The filing guidelines will be based upon your particular scenario and will discuss precisely what documents to send out with Form I-765.

RECOMMENDED: How to Make an application for a U.S. Work Permit

Renewal

You might restore your Employment Authorization Document if you are still eligible for work permission. File a new Form I-765 and select the "renewal" option. Generally, you should not apply for a renewal EAD more than 180 days before your newest EAD expires.

Replacement

You might replace your Employment Authorization Document if your newest EAD is lost, taken or damaged. File a new Form I-765 and choose the "replacement" option. If you did not get an EAD that USCIS mailed, you can send a query on non-delivery of a card.