Form I-766: Employment Authorization Document (EAD) Guide
Form I-766 is the Employment Authorization Document (EAD) card issued to eligible nonimmigrant visa holders who are authorized to work in the United States. It is obtained by filing Form I-765, Application for Employment Authorization, with USCIS; the I-766 card is the physical document that results from an approved I-765 application.
This article covers who is eligible for an EAD, how to apply, required evidence, and what to do when it comes time to renew or replace the card.
What Is Form I-766?
Form I-766 is the physical EAD card that serves as proof of work authorization in the United States. It is not a visa and does not confer immigration status; it is a standalone document authorizing employment for those whose immigration status requires it.
EAD validity periods typically range from one to two years depending on the immigration category. The card must be renewed before it expires to maintain continuous work authorization.
Who Is Eligible for Form I-766?
EAD eligibility depends on immigration category. In general, an EAD is required when an immigration status either permits work but requires documented authorization, or when work permission must be specifically requested. Categories that commonly require an EAD include:
- DACA recipients
- Refugees and asylees
- U nonimmigrant visa holders
- Applicants with a pending Form I-485 (Application to Register Permanent Residence or Adjust Status)
- F-1 and M-1 students whose visa category does not permit automatic employment
- Spouses and dependents of certain employment-based nonimmigrant visa holders
A full list of eligible categories is available on the USCIS Form I-765 checklist. Eligibility does not guarantee approval; a complete application with the correct supporting evidence is required for each specific category.
Lawful permanent residents and U.S. citizens do not need an EAD, as work authorization is inherent to their status.
Form I-766 vs. Form I-765
The two form numbers refer to different things. Form I-765 is the application submitted to USCIS to request employment authorization. Form I-766 is the EAD card itself: the physical document issued upon approval that serves as proof of work authorization. Filing Form I-765 is how an applicant obtains a Form I-766 card.
How to Apply for Form I-766
To obtain an EAD card, applicants file Form I-765, Application for Employment Authorization, with USCIS. Applicants working with an attorney must also include Form G-28, Notice of Entry of Appearance as Attorney.
Required Evidence
All Form I-765 applications must include:
- Two identical passport-style photographs
- A copy of the applicant’s current U.S. visa
- A copy of any existing EAD, if applicable
Additional documentation is required depending on the specific eligibility category. For example, refugee applicants must include a final notice of eligibility for resettlement and Form I-797. Applicants filing under Temporary Protected Status (TPS) file Form I-765 concurrently with or after Form I-821, along with documentation of TPS approval from an EOIR immigration judge or the Board of Immigration Appeals. The USCIS Form I-765 checklist provides a full breakdown of required evidence by category.
Filing Address
The correct filing address depends on the applicant’s eligibility category. Current direct filing addresses are available on the USCIS Form I-765 filing addresses page.
Filing Fee
The Form I-765 filing fee is $520 by mail or $470 online. The separate biometrics fee has been eliminated for most EAD categories. Current fee information and any applicable exceptions are available on the USCIS fee schedule.
After Receiving Form I-766
An approved EAD card serves as an I-9 employment eligibility verification document and should be presented to employers when starting work.
Renewing Form I-766
EAD renewals are filed using a new Form I-765. USCIS recommends filing no more than 180 days before the current EAD expires to avoid a gap in work authorization. A copy of the most recent EAD must be included with the renewal application. Renewal eligibility is subject to the same requirements as the original application.
Replacing Form I-766
A replacement EAD may be needed if the card has been lost, stolen, or destroyed, or if it contains incorrect information. Replacement is requested by filing a new Form I-765 with the applicable filing fee. A fee waiver may be requested, though approval is not guaranteed.
If the incorrect information is not due to a USCIS error, the original EAD card must be submitted along with the new application. If the error is USCIS’s fault, a corrected card will be issued at no charge upon return of the original card and a written explanation of the error.
Frequently Asked Questions
Do I need an EAD if I’m adjusting my status?
Applicants with a pending Form I-485 must file for an EAD to work legally during the adjustment of status process. In some cases, such as a K-1 fiancé(e) visa status adjustment, an existing EAD may also be required as a supporting document. Eligibility and requirements vary depending on the specific adjustment scenario.
Can I apply for Form I-766 with a K-1 visa?
K-1 visa holders may apply for an EAD while in the United States, but given that the K-1 visa expires within 90 days of entry and is contingent on marriage, many applicants find it more practical to wait until after marriage and then apply for an EAD based on their updated immigration status.
Contact an Immigration Attorney
EAD eligibility, required evidence, and filing requirements vary significantly depending on immigration category. An error or missing document can result in a Request for Evidence and delay work authorization. Scott D. Pollock & Associates, P.C. has represented clients in employment authorization matters for over 30 years.
Call 312.444.1940 or fill out our online contact form to discuss your situation with an experienced immigration attorney.