Complete Guide to Form I-766: Employment Authorization Document (EAD)
Form I-766, commonly known as the Employment Authorization Document (EAD), is an official identification card issued by U.S. Citizenship and Immigration Services (USCIS) to certain noncitizens who have been granted permission to work legally in the United States. This card not only confirms employment authorization but also serves as a valid form of identification.
Many people wonder about the difference between Form I-765 and Form I-766. Understanding this distinction is critical if you want to work in the U.S. with the proper documentation.
Form I-765 vs. Form I-766: What’s the Difference?
- Form I-765: This is the actual application you file with USCIS to request work authorization.
- Form I-766: This is the physical card you receive once your application has been approved. It is proof that you are legally authorized to work in the U.S.
In other words, you file Form I-765 (Application for Employment Authorization), and if approved, USCIS issues Form I-766 (EAD card) as evidence.
Who Qualifies for Form I-766?
Not everyone can obtain an Employment Authorization Document. The following groups are commonly eligible:
- K-1 visa holders (fiancé(e) visas)
- Spouses of E-1, E-2, and H-1B visa holders
- Certain F-1 and M-1 visa holders, including those on Optional Practical Training (OPT)
- L-2 visa holders
- Refugees and asylees
- DACA recipients
- Applicants for adjustment of status (green card applicants)
- U visa holders (victims of crimes)
⚠️ Important: Eligibility does not guarantee approval. You must still submit a complete, accurate application and meet USCIS requirements.
👉 Tip: Lawful permanent residents (green card holders) do not need an EAD, since the Green Card itself serves as proof of employment authorization.
Automatic EAD Extensions
DHS has updated its rules to provide more protection for workers with pending renewal applications. Eligible applicants may now receive an automatic extension of up to 540 days (previously 180 days).
To qualify:
- You must file your renewal application before your current EAD expires.
- The renewal must be in the same eligibility category as your existing EAD.
- Your category must be one of the eligible classifications, including:
- A03, A05 (refugees and asylees)
- A07, A08, A10 (various humanitarian categories)
- A17, A18, C26 (dependent spouses of H-1B, E, and L visa holders)
- C08 (asylum applicants)
- C09 (green card applicants with adjustment of status pending)
- C31 (VAWA self-petitioners)
- A12, C19 (TPS beneficiaries)
- And other specific categories listed by USCIS
- A03, A05 (refugees and asylees)
How to Apply for Form I-766
To receive your Employment Authorization Document:
- File Form I-765 with USCIS.
- If you are working with an immigration attorney, submit Form G-28 as well.
- Include the following supporting documents:
- Copy of your valid U.S. visa
- Two recent passport-style photographs
- Copy of your I-94 travel record
- Copy of your passport biographic page
- If applicable, a copy of your marriage-based green card application
- Copy of your current EAD (if renewing)
- Copy of your valid U.S. visa
Filing Fees
- $470 if filed online
- $520 if filed on paper Fee waivers or reductions may be available in certain cases.
Processing Times for Form I-766
Processing times for EAD applications vary depending on your visa category and USCIS service center. On average, approval takes under 2 months, though delays may occur if USCIS issues a Request for Evidence (RFE).
Once approved, you will receive your EAD card (Form I-766) by mail. If denied, USCIS will provide written notice explaining the reason.
What Does Form I-766 Look Like?
Form I-766 is not a paper application—it is a plastic ID card similar to a driver’s license. The form you actually complete is Form I-765.
The I-765 contains six key parts:
- Reason for Applying (initial, renewal, or replacement)
- Personal Information (name, addresses, A-number, Social Security Number, date of birth, etc.)
- Details About Last U.S. Entry (I-94 number, date and place of entry, visa status at entry)
- Eligibility Category (code such as (c)(9) for adjustment applicants, (c)(8) for asylum, (a)(5) for asylees, etc.)
- Interpreter or Preparer Information (if applicable)
- Additional Information (extra space for multiple names, addresses, or other details)
Why Work With Immigration Attorneys at Green Card Link?
Filing for an EAD may seem straightforward, but even small mistakes can cause costly delays or even denials. At Green Card Link, its immigration attorneys provide experienced, personalized guidance to help you avoid errors, submit a complete application, and maximize your chances of approval.
Form I-766: Eligibility, Renewal, and Frequently Asked Questions
Individuals Not Eligible for Form I-766
Not everyone qualifies for an Employment Authorization Document (EAD). Certain categories of individuals are not eligible for Form I-766, including:
- Tourists or those entering the U.S. on a visa strictly for vacation or pleasure purposes
- B-2 visitors
- Individuals merely transiting through a U.S. port of entry
- Exchange visitors with limited work authorization
- F-1 students who are only working on-campus or participating in paid curricular practical training (CPT)
- Temporary nonimmigrant workers in sponsored positions under H, I, L-1, or O-1 status
If you fall into one of these categories, you will not be able to obtain an EAD card.
How to Renew Your Employment Authorization Document (EAD)
If you are eligible to renew your EAD, here are the steps to follow:
- Check the Expiration Date: Review the date on your current EAD. Renewal can begin up to 180 days before expiration. To avoid gaps in employment authorization, it is strongly recommended that you file your renewal at least 120 days prior to the expiration date.
- File Form I-765: Complete Form I-765 thoroughly, sign, and date it. At Green Card Link, its immigration attorneys can help ensure the application is completed accurately.
- Collect Supporting Documents: Include your previous EAD card, I-94 arrival/departure records, and any other required evidence.
- Submit the Filing Fee: Pay the required fee. An immigration attorney at Green Card Link can advise whether you qualify for a fee waiver.
- Mail the Application Package: Send your completed form, supporting evidence, and fees to the address listed on the instructions. Always use certified mail with a return receipt to confirm delivery.
The processing time for an EAD renewal typically ranges from 2 to 16 months. The exact timeline depends on your immigration status and the service center reviewing your case. If you are filing for adjustment of status, you may submit Form I-765 at the same time as your Form I-485 application.
Form I-766: Frequently Asked Questions
Does an EAD allow me to live in the U.S.?
No. An EAD is not a visa or Green Card—it only provides legal authorization to work. You must have a valid visa or pending application that qualifies you for an EAD.
What is Form I-766?
Form I-766 is the physical employment authorization card issued by USCIS. It serves as proof that you are legally permitted to work in the United States.
Is Form I-766 the same as a Green Card?
No. While an EAD grants temporary work authorization, a Green Card (Permanent Resident Card) allows you to live and work in the U.S. permanently. Green Card holders may eventually apply for U.S. citizenship once eligibility requirements are met.
Is I-766 the same as I-765?
Not exactly. Form I-765 is the application you file, while Form I-766 is the actual EAD card issued to you.
Is Form I-766 a visa?
No, it is not a visa. It is strictly an employment authorization document.
Is I-766 a Permanent Resident Card?
No. A Permanent Resident Card is a Green Card, which is different from an EAD.
How do I get an I-766?
You must file Form I-765 with USCIS and meet the eligibility criteria outlined for your category.
What is a U.S. Employment Authorization Card?
It is the official card issued by USCIS to prove that you are authorized to work legally in the U.S. for a specific period of time. It is not a Green Card.
Who issues Employment Authorization Cards?
USCIS is the federal agency responsible for issuing all EADs.
Can I qualify for a work authorization card?
Eligibility depends on your immigration status and circumstances. Immigration attorneys at Green Card Link can review your case and determine if you qualify.
How much does a work authorization card cost?
The current filing fee for Form I-765 is $470 if filed online. Additional costs may apply depending on your situation.