1 What is an Employment Authorization Document (Form I 766)?
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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 an identification card that U.S. Citizenship and Immigration Services (USCIS) issues to particular certifying foreign nationals to operate in the United States. Many individuals describe the card as a work permit. At USCIS, the Employment Authorization Document is called Form I-766.

The EAD card consists of a picture of the private licensed to work and might 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 valid I-9 file for employers.

EAD Validity Period

Generally, an Employment Authorization Card is just legitimate until it’s expiration date. Depending on the individual’s migration status, USCIS generally problems cards for a two-year duration or less. However, particular EADs held by people with Temporary Protected Status (TPS) and other designated classifications may be immediately extended beyond the validity date on the card.

Eligibility for an Employment Authorization Document

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

RECOMMENDED: List of Eligibility Categories for EAD

Permanent locals (permit holders) do not need a Work Authorization Document. The permit is evidence of the cardholder’s status and work permission. Likewise, nonimmigrants authorized to be employed with a particular 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 qualified for a Work Authorization Document may ask for one with Form I-765, Application for Employment Authorization. In some cases, the preliminary ask for work authorization need to be submitted with the application for the underlying status.

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

- Form I-765
USCIS fees
- 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, candidates must submit other specific supporting documents depending on the certifying basis of eligibility. Additionally, specific preliminary I-765 demands get sent with the primary application.

Mistakes on your Form I-765 can cause pricey delays or a rejection.

Applicants that prepare Form I-765 through CitizenPath’s service also get personalized filing guidelines. The filing instructions will be based on your particular situation and will describe exactly what files to send with Form I-765.

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

Renewal

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

Replacement

You may change your Employment Authorization Document if your most recent EAD is lost, taken or damaged. File a new Form I-765 and choose the “replacement” choice. If you did not get an EAD that USCIS mailed, you can send a query on non-delivery of a card.

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