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Home" What is a Work 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) concerns to certain certifying foreign nationals to work in the United States. Many individuals refer to the card as a work permit. At USCIS, the Employment Authorization Document is referred to as Form I-766.

The EAD card contains a picture of the individual licensed to work and might include the person's fingerprint. A foreign nationwide who has an EAD usually has open-market employment authorization, but there are exceptions. The card (Form I-766) is a valid I-9 document for companies.

EAD Validity Period

Generally, a Work Authorization Card is only valid until it's expiration date. Depending on the individual's immigration status, USCIS typically issues cards for a two-year period or less. However, specific EADs held by individuals with Temporary Protected Status (TPS) and other designated categories might be instantly extended beyond the validity date on the card.

Eligibility for an Employment Authorization Document

There are fundamentally two different types of nonimmigrants who may be eligible to request an EAD. Certain foreign nationals are authorized to operate in the United States based upon their immigration status. Although they are currently licensed to work, they might need evidence of that advantage. Examples include asylees and refugees. Other foreign nationals are inside the U.S. but need to ask for unique permission to accept work. Examples include modification of status applicants, DACA, asylum hunters, and certain trainees.

RECOMMENDED: List of Eligibility Categories for EAD

Permanent locals (green card holders) do not need an Employment Authorization Document. The green card is proof of the cardholder's status and work authorization. Likewise, nonimmigrants licensed to be employed with a specific employer do not require an EAD. Examples of nonimmigrants with this status consist of H-1B and TN visa.

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

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 ask for work authorization need to be sent with the application for the underlying status.

Typically, an applicant should include the following items for a preliminary demand:

- Form I-765

USCIS charges

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style images

- Proof of eligibility


The list above is a generalization. To put it simply, applicants must send other specific supporting files depending upon the qualifying basis of eligibility. Additionally, certain preliminary I-765 demands get sent with the main application.

Mistakes on your Form I-765 can trigger pricey hold-ups or a rejection.

Applicants that prepare Form I-765 through CitizenPath's service also get personalized filing directions. The filing instructions will be based on your particular situation and will describe exactly what files 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 authorization. File a brand-new Form I-765 and pick the "renewal" option. Generally, you must not apply for a renewal EAD more than 180 days before your latest EAD expires.

Replacement

You may replace your Employment Authorization Document if your newest EAD is lost, taken or ruined. File a brand-new Form I-765 and select 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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