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

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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) issues to certain 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 called Form I-766.

The EAD card contains a photo of the specific authorized to work and may include the person’s fingerprint. A foreign nationwide who has an EAD generally has open-market employment permission, however there are exceptions. The card (Form I-766) is a legitimate I-9 document for employers.

EAD Validity Period

Generally, a Work Authorization Card is just legitimate until it’s expiration date. Depending upon the person’s migration status, USCIS generally concerns 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 automatically extended beyond the validity date on the card.

Eligibility for an Employment Authorization Document

There are basically 2 different types of nonimmigrants who might be qualified to ask for an EAD. Certain foreign nationals are licensed to work in the United States based upon their immigration status. Although they are currently licensed to work, they might require 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 employment. Examples consist of modification of status applicants, DACA, asylum seekers, and certain trainees.

RECOMMENDED: List of Eligibility Categories for EAD

Permanent locals (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 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 qualified for an Employment Authorization Document may ask for one with Form I-765, Application for Employment Authorization. In many cases, the initial request for work permission need to be submitted with the application for the underlying status.

Typically, an applicant must include the following products for an initial demand:

– Form I-765

USCIS charges

– Copy of Form I-94 Arrival/Departure Record

– Two passport-style photos

– Proof of eligibility

The list above is a generalization. In other words, applicants need to submit other specific supporting documents depending on the certifying basis of eligibility. Additionally, specific initial I-765 demands get submitted 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 likewise get personalized filing guidelines. The filing directions will be based upon your particular situation and will describe exactly what documents to send out with Form I-765.

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

Renewal

You might renew your Employment Authorization Document if you are still qualified for work authorization. File a new Form I-765 and choose the “renewal” option. Generally, you must not declare a renewal EAD more than 180 days before your newest EAD ends.

Replacement

You might replace your Employment Authorization Document if your most current EAD is lost, taken or damaged. File a new Form I-765 and select the “replacement” option. 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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