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

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

The EAD card includes a picture of the specific authorized to work and might consist of the person’s fingerprint. A foreign nationwide who has an EAD normally 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, a Work Authorization Card is only valid until it’s expiration date. Depending upon the person’s immigration status, USCIS generally problems 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 immediately extended beyond the credibility date on the card.

Eligibility for an Employment Authorization Document

There are basically 2 various types of nonimmigrants who may be eligible to request an EAD. Certain foreign nationals are licensed to work in the United States based on their immigration status. Although they are currently licensed to work, they may need proof of that advantage. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. however need to ask for unique permission to accept employment. Examples consist of change of status applicants, DACA, asylum applicants, and particular students.

RECOMMENDED: List of Eligibility Categories for EAD

Permanent locals (green card holders) do not need a Work Authorization Document. The permit is proof of the cardholder’s status and work permission. Likewise, nonimmigrants licensed to be employed with a specific employer do not need 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 initial demand for work permission must be submitted with the application for the underlying status.

Typically, a candidate needs to include the following items for an initial request:

– Form I-765

USCIS fees

– Copy of Form I-94 Arrival/Departure Record

– Two passport-style pictures

– Proof of eligibility

The list above is a generalization. Simply put, applicants need to submit other specific supporting files depending on the qualifying basis of eligibility. Additionally, specific preliminary I-765 demands get sent with the main application.

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

Applicants that prepare Form I-765 through CitizenPath’s service also get personalized filing guidelines. The filing guidelines will be based on your specific situation and will discuss precisely what files to send out with Form I-765.

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

Renewal

You might restore your Employment Authorization Document if you are still qualified for work permission. File a brand-new Form I-765 and select the “renewal” option. Generally, you should not apply for a renewal EAD more than 180 days before your latest EAD ends.

Replacement

You might replace your Employment Authorization Document if your latest EAD is lost, taken or destroyed. File a new Form I-765 and pick the “replacement” alternative. If you did not receive an EAD that USCIS mailed, you can send a query on non-delivery of a card.

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