What is an Employment Authorization Document (Form I-766)?

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What is a Work 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) problems to particular certifying foreign nationals to work in the United States. Many individuals refer to the card as a work authorization. At USCIS, the Employment Authorization Document is known as Form I-766.

The EAD card includes a picture of the specific authorized to work and may consist of the individual’s fingerprint. A foreign nationwide who has an EAD generally has open-market work authorization, but there are exceptions. The card (Form I-766) is a valid I-9 file for companies.

EAD Validity Period

Generally, a Work Authorization Card is just legitimate up until it’s expiration date. Depending on the person’s immigration status, USCIS generally concerns cards for a two-year period or less. However, specific EADs held by individuals with Temporary Protected Status (TPS) and other designated categories may be instantly extended beyond the validity date on the card.

Eligibility for a Work Authorization Document

There are fundamentally 2 different kinds of nonimmigrants who might be eligible to request an EAD. Certain foreign nationals are authorized to operate in the United States based on their immigration status. Although they are currently licensed to work, they might require evidence of that benefit. Examples include asylees and refugees. Other foreign nationals are inside the U.S. however need to ask for special consent to accept employment. Examples consist of adjustment of status candidates, DACA, asylum candidates, and particular trainees.

RECOMMENDED: List of Eligibility Categories for EAD

Permanent residents (permit holders) do not require an Employment Authorization Document. The permit is evidence of the cardholder’s status and work permission. Likewise, nonimmigrants licensed to be used with a particular employer 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 eligible for an Employment Authorization Document might request one with Form I-765, Application for Employment Authorization. In some cases, the initial ask for work authorization must be submitted with the application for the underlying status.

Typically, an applicant must include the following items for an initial 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. In other words, candidates need to submit other particular supporting files depending on the certifying basis of eligibility. Additionally, particular initial I-765 requests get sent with the main application.

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

Applicants that prepare Form I-765 through CitizenPath’s service also receive individualized filing instructions. The filing instructions will be based upon your specific scenario and will explain exactly what files to send out with Form I-765.

RECOMMENDED: How to Request a U.S. Work Permit

Renewal

You may restore your Employment Authorization Document if you are still qualified for work authorization. File a brand-new Form I-765 and pick the “renewal” alternative. Generally, you need to not declare a renewal EAD more than 180 days before your latest EAD ends.

Replacement

You may replace your Employment Authorization Document if your most current EAD is lost, taken or ruined. File a new Form I-765 and choose the “replacement” option. If you did not get an EAD that USCIS sent by mail, you can submit an inquiry on non-delivery of a card.

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