Shilpa Malik 
Boris Ignachkov 
Form I-766, or the Employment Authorization Document, is an identification card issued by the U.S. Citizenship and Immigration Services (USCIS) to certain immigrants who are authorized to work in the United States. It is a form of proof of employment authorization and identity. You may be wondering what the difference between Form I-766 and I-765 is. In this complete guide, we’ll go over that and much more so that you can be well on your way to working in the United States with the proper documentation!
What is Form I-765 Vs I-766?
Form I-765 is a form filed with USCIS to request permission to work in the United States.
In contrast, the I-766 is the actual card to prove you are legally authorized to work in the United States.
If you need to apply for an employment authorization document, you must file Form I-765, Application for Employment Authorization.
Who is Eligible for Form I-766
Can anyone get a work permit? Not quite. The following foreign nationals are considered eligible for work authorization:
- K-1 visa holders
- Spouses of E1, E2 and H1-B visa holders
- F-1 visa holders
- Certain F-1 and M-1 visa holders, including those eligible for Optional Practical Training (OPT).
- L-2 visa holders
- Refugees
- Individuals eligible for DACA
- Applicants for green cards who have applied for an Adjustment of Status or are waiting for adjudication on their case
- Individuals with U nonimmigrant status
A comprehensive list can be found on the USCIS website
It’s worth reiterating that just because you are eligible does not guarantee that you will be granted an EAD. You must still submit a completed application and be approved by USCIS.
We highly recommend working alongside a qualified immigration attorney to ensure the best chances of approval. Even the most minor mistake can cost timely delays, additional fees, and possibly denial.
Tip: If you are a lawful permanent resident, you don’t need to apply for an EAD since your Green Card is evidence of employment authorization.
Important Rule Automatically Extends Expiring EADs for Certain Renewal Applicants
The latest rule regarding automatic extensions for Employment Authorization Documents (EADs) is that the Department of Homeland Security (DHS) has permanently increased the automatic extension period from up to 180 days to up to 540 days for certain individuals with pending renewal applications.
- The automatic extension applies to individuals who have filed a renewal application for their existing EAD before the expiration date of that EAD.
- The application must be filed in the same category as the existing EAD
- The EAD must be in one of the categories eligible for an automatic extension:
- 03, A05: Refugees and asylees.
- A07, A08, A10: Categories related to various forms of immigration benefits.
A17, A18, C26: Dependent spouses of H-1B, E, and L-1/L-2 visa holders (H-4, E, L-2). - C08: Noncitizens with pending applications for asylum and withholding of deportation or removal.
- C09: Adjustment of status applicants (applying for a Green Card).
- C10, C16, C20, C22, C24: Other categories related to immigration benefits.
- C31: Approved self-petitioners under the Violence Against Women Act (VAWA) and their qualified children.
- A12, C19: Temporary Protected Status (TPS) beneficiaries.
How to Apply for Form I-766
You can apply for an I-766 Employment Identity Card by submitting Form I-765. If you are working alongside an attorney, you’ll also need to submit Form G-28.
The following documents are needed to apply for an employment authorization document:
- Copy of U.S. visa
- Two passport-style photographs
- Copy of your travel record (I-94)
- Copy of the page in your passport that shows your country of birth
- If you have a marriage-based green card application a copy of that
- Copy of your current EAD if you have one
Filing Fee
The filing fee for Form I-765 is $470 for online filing, or $520 for paper filing. Discounts and waivers are available as listed on USCIS.
Processing Time for Form I-766
The processing time for form I-765, which leads to the I-766, varies depending on the type of visa (employment vs asylum vs adjustment of status, for example), but is typically less than 2 months according to USCIS processing times.
If you receive a Request for Evidence, additional delays are likely to review the additional information and documents you send.
Once you are approved, you will receive the EAD card in the mail, which is proof of your eligibility to work legally. If you are not approved, USCIS will inform you of the reason why.
Form I-766 Sample
Many people ask, “What does Form I-766 look like?” However, I-766 is not a form you fill out. It’s a physical work permit card, not an application. The actual form filled is I-765, which we have included a sample of below:
The form contains six parts:
Part 1: Reason for Applying
Purpose of your application by selecting one of the following:
- Initial permission to accept employment
- Renewal of existing employment authorization
- Replacement of a lost, stolen, or damaged EAD
Part 2: Information About You
This is the most detailed section. It includes:
- Full legal name
- Other names used, if any
- U.S. mailing address
- Physical address (if different)
- Alien Registration Number (A-Number), if applicable
- USCIS Online Account Number
- Gender, marital status
- Date of birth, country of birth, country of citizenship
- Social Security Number (if you have one)
- Option to apply for an SSN if you don’t have one
Part 3: Information About Your Last Arrival in the United States
Details from your most recent entry into the U.S., including:
- Form I-94 number
- Place and date of arrival
- Status at entry (e.g., F-1, B-2, parolee)
Part 4: Eligibility Category
You’ll select the appropriate eligibility category code that matches your situation, such as:
- (c)(9) – Adjustment of Status applicants
- (c)(8) – Asylum applicants
- (a)(5) – Asylees
- (c)(3)(C) – F-1 students on post-completion OPT
USCIS provides a full list of codes and descriptions in the I-765 instructions.
Part 5: Preparer and Interpreter Information (if applicable)
If someone helped you complete the form (like a preparer or interpreter), their information goes here:
- Name and contact info
- A declaration confirming they assisted
Part 6: Additional Information
Use this section to provide continuation of answers if you ran out of space in previous sections (e.g., multiple names, previous addresses, etc.).
Individuals Not Eligible for Form I-766
As previously mentioned, not everyone is eligible for an employment authorization document. Those who are not eligible for Form I-766 include:
- Individuals on a visa for vacation/pleasure
- B-2 visitors
- Individuals in transit at a U.S. port of entry
- Exchange
- Students on F1 status who are looking to work on campus or take part in a paid curricular practical training
- Temporary nonimmigrant employees who work for a sponsoring organization and are on H, I, L-1 or O-1 status
How to Renew your EAD
To renew your employment authorization card, you will need to do the following:
- Check the Expiration Date: To determine when you should renew your EAD look at the expiration date on your current card. You are able to start the renewal process up to 180 days before the current EAD expires. Pro Tip – File for your renewal at least 120 days before the expiration date to prevent any gaps in employment authorization.
- File Form I-765: Complete this form by answering all questions accurately, then sign, and date it. It’s advised to have an immigration attorney assist you.
- Gather all necessary supporting documents, including the previous EAD card, I-94 arrival/departure records, etc.
- Submit the required fee. Check with your attorney to know if you have to pay any other fees or qualify for a fee waiver.
- Send your application with the fee to the address listed on the form. Always send these by certified mail with a return receipt request so you can ensure proper delivery.
The EAD (I-765) renewal application process can take between 2 and 16 months. This is largely dependent on your current status in the U.S. and the service center handling your case. Check out this Work Permit (EAD) Renewal: The Complete Guide to I-765 Renewal in 2023.
If you have a pending application for adjustment of status, you can file Form I-765 concurrently with your Form I-485 application.
Form I-766 Frequently Asked Questions
Below you will find answers to the most commonly asked questions about this topic:
Does an EAD grant me the right to live in the United States?
No, it is not a visa, it is a document that gives you only the right to work in the U.S. legally. In order to apply for Form I-766 you need to have a valid visa.
What is the I-766 form?
Form I-766 is an i.d. card issued by USCIS, which demonstrates you are authorized to work in the United States
Is Form I-766 a Green Card?
No, this is not a green card. You need to have a valid visa in order to apply for an employment authorization document.
Is I-766 the same as I-765?
They are similar but not exactly the same. Form I-765 is used to apply for the employment authorization identification document, while the I-766 is the actual card that can also be used to prove work eligibility.
Is Form I-766 a visa?
No, it is not a visa, it’s an employment authorization document.
What is the difference between I-766 and I-765?
The I-766 is the actual card (one that can fit easily in a wallet) and Form I-765 is the form used to apply for an EAD.
Is I-766 a permanent resident card?
No, it is not a permanent resident card.
How do I get an I-766 document?
The steps are outlined in the steps above.
What is a U.S. employment authorization card?
An employment authorization card is issued by USCIS and proves an individual’s right to work legally in the country. This is not to be confused with a green card.
Is an employment authorization card the same as a green card?
No, these are not the same thing. An EAD or Employment Authorization Card is issued by USCIS and allows an individual to work legally in the United States for a specific period of time.
It is typically issued to individuals who are not U.S. citizens but who are authorized to work in the United States for a specific period of time. A Green Card, also known as a Permanent Resident Card, is a document that proves that an individual is a lawful permanent resident of the United States. This means that they are authorized to live and work in the United States on a permanent basis. A Green Card holder can also apply for U.S. citizenship after meeting certain eligibility requirements.
How do I get a U.S. employment authorization card?
You will need to file Form I-765.
Who issues the employment authorization card?
USCIS issued employment authorization documents.
Can I get a work authorization card?
This depends on several factors and is best determined by a qualified immigration attorney who can examine the specifics of your case. Schedule a consultation to find out if you qualify for a work authorization card today.
How much is a work authorization card?
The filing fee for Form I-766 is $470 for online filing