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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) concerns to certain certifying foreign nationals to work in the United States. Many 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 picture of the private licensed to work and may 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 document for companies.

EAD Validity Period

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

Eligibility for an Employment Authorization Document

There are fundamentally two different kinds of nonimmigrants who might be eligible 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 privilege. Examples include asylees and refugees. Other foreign nationals are inside the U.S. but require to request special authorization to accept work. Examples include change of status applicants, DACA, asylum hunters, and particular students.

RECOMMENDED: List of Eligibility Categories for EAD

Permanent citizens (permit holders) do not need 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 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 request one with Form I-765, Application for Employment Authorization. In many cases, the initial ask for work authorization should be sent with the application for the underlying status.

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

- 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. In other words, applicants should submit other particular supporting documents depending upon the certifying basis of eligibility. Additionally, specific preliminary I-765 requests get submitted with the main application.

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

Applicants that prepare Form I-765 through CitizenPath's service also get customized filing instructions. The filing instructions will be based upon your specific situation and will explain exactly what documents to send out with Form I-765.

RECOMMENDED: How to Apply for a U.S. Work Permit

Renewal

You might 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 newest EAD expires.

Replacement

You may replace your Employment Authorization Document if your latest EAD is lost, stolen or damaged. File a brand-new Form I-765 and choose the "replacement" alternative. If you did not receive an EAD that USCIS mailed, you can submit a query on non-delivery of a card.

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