May 25, 2012

USCIS Introduces Redesigned Employment Authorization Document: Form I-766

U.S. Citizenship and Immigration Services (USCIS) has released a redesigned Form I-766, Employment Authorization Document, commonly referred to as an "EAD card." Part of USCIS's larger effort to eliminate document fraud, the redesign enhances the card's security features to discourage tampering and misuse. The enhanced security measures include optically variable ink along the top of the card and a holographic image on the front of the card.

How does the redesigned EAD card affect employers' Form I-9 compliance obligations?

The redesigned EAD card serves the same purpose as the prior version and will remain a "List A" document for employment verification purposes. "List A" documents establish a worker's identity as well as his or her authorization to work in the United States.

An applicant for employment may still present a valid and unexpired prior version of Form I-766/EAD card to satisfy Form I-9 document requirements. The redesigned Form I-766 will be phased in incrementally. Foreign nationals in possession of the prior version will only receive the redesigned EAD card to replace a lost or stolen card or upon a card's expiration. A foreign national can apply for a new card no more than 120 days prior to expiration date.

Copyright © 2012 by Morgan, Lewis & Bockius LLP. All Rights Reserved.

About the Author

Partner

Eric S. Bord is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Bord's practice focuses on immigration matters involving the recruitment, hiring, transfer, and retention of international personnel worldwide. In addition, he has particular knowledge in the areas of immigration-related compliance, I-9 and E-Verify rules, immigration investigations, and immigration due diligence for corporate transactions.

202-739-6040

About the Author

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Eleanor Pelta is a partner in Morgan Lewis's Labor and Employment Practice. With her practice focused on immigration and nationality law, Ms. Pelta assists corporate clients in various industries with the international transfer of key personnel. She is particularly knowledgeable about managing high-volume employee transfers, as her background includes assisting employers in gaining temporary and permanent visas for all types of business, scientific and executive personnel. Additionally, she advises clients on strategic issues involving movement of staff...

202-739-5050

Contributors

Partner

A. James Vázquez-Azpiri is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Vázquez-Azpiri focuses his practice on business immigration law, assisting corporate clients with hiring and retaining foreign employees with regard to labor certifications, specialty occupation petitions and intra-company transfers. Mr. Vázquez-Azpiri is also a leading expert on immigration law compliance in the context of mergers, acquisitions and corporate restructuring. Mr. Vázquez-Azpiri helps clients think and work proactively by providing them...

415-442-1343

About the Author

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Lance Director Nagel is a partner in Morgan Lewis's Labor and Employment Practice. Mr. Nagel is a recognized leader in the immigration field who understands the wisdom of applying corporate policies and procedures to the immigration process, and in developing global mobility policies and strategies.

415-442-1345

About the Author

Partner

Lisa Stephanian Burton is a partner in Morgan Lewis's Labor and Employment Practice. Ms. Burton counsels clients on a variety of labor and employment issues, including compliance with state and federal labor and employment laws and regulations; Occupational Safety and Health Administration (OSHA) matters; employment practices and policies; structuring the workforce; labor and employment implications of mergers and acquisitions; and hiring, firing, and reductions in force (RIF). She represents clients before state and federal agencies as well as before state and federal...

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