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Does Gusto Do E-Verify? What Payroll Leaves Out for I-9 Compliance (2026)
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A new hire drops a plastic card on the counter and calls it their work permit. It is Form I-766, an Employment Authorization Document from U.S. Citizenship and Immigration Services (USCIS). That is an EAD, and it finishes Section 2 by itself when the card is unexpired and has a photo.
An EAD is not the Library of Congress "Encoded Archival Description" standard that sometimes appears in search results. In immigration and Form I-9, EAD always means the USCIS work authorization card. This guide explains what it is, how it differs from a green card or visa status, and exactly how employers record it in Section 1, Section 2, and E-Verify.
An EAD is a plastic card (Form I-766) USCIS issues to prove a noncitizen may work in the United States for a limited period. HR usually says "work permit" or "EAD card." USCIS and the Lists of Acceptable Documents say Form I-766. Same document.
An unexpired EAD with a photograph is List A document #4 on Form I-9. It establishes identity and employment authorization alone. Do not ask for List B or List C when a valid EAD is on the table.
USCIS issues EADs to noncitizens with temporary work authorization, including:
Lawful permanent residents use a green card (Form I-551), not an EAD. U.S. citizens and nationals do not need one.
Every EAD prints a category code on the front (C08, C09, A05, etc.) under 8 CFR 274a.12. That code drives validity and reverification rules. C08 is pending asylum; C09 is pending adjustment of status. Read the code on the card; do not guess from the employee's story. USCIS auto-extension eligibility: uscis.gov/eadautoextend.
"Work permit" is informal. It means the same USCIS-issued EAD card, not a separate document type.
| EAD (Form I-766) | Green card (Form I-551) | H-1B visa status | |
|---|---|---|---|
| What it is | Temporary work authorization card | Permanent resident status | Nonimmigrant status (not a List A card by itself) |
| Form I-9 List A | Yes, #4 | Yes, #2 | Usually I-94 + passport combo |
| Section 1 box | A noncitizen authorized to work | A lawful permanent resident | A noncitizen authorized to work |
| Reverify when card expires? | Yes | No | When I-94 or status ends |
| Section 2 doc number | Card Number (front) | Document Number (back) | Varies by combo |
"An EAD is List A, but it has an expiration date on the front," says Patricia Duarte, Director of Compliance at i9 Intelligence. "That date is a reverification trigger, not a suggestion. A green card in the same wallet does not get reverified. An EAD always does."
Full work authorization context: what is work authorization. Green card number walkthrough: green card number for I-9.
When an employee presents an unexpired EAD with a photo, Section 2 is complete with List A alone. Record what you see:
| Section 2 field | What to enter |
|---|---|
| Document title | Employment Authorization Document, Form I-766, or EAD |
| Issuing authority | USCIS or U.S. Citizenship and Immigration Services (issuing authority guide) |
| Document number | Card Number on the front (not the USCIS A-Number) |
| Expiration date | Card Expires date (or valid auto-extension end date if applicable) |
In Section 1 the employee selects A noncitizen authorized to work, enters the card expiration date, and provides A-Number/USCIS Number, I-94, or foreign passport information as the form allows. Most EAD holders use the USCIS# from the card. Guide: USCIS A-Number for Form I-9.
Reverification: When the EAD expires, you must reverify on or before that date. Supplement B, not a new I-9. Never reverify U.S. citizens or green card holders because a card date passed. Details: I-9 reverification facts.
E-Verify: Compare the photo on the physical EAD to the employee and to the E-Verify photo match. Enter the A-Number/USCIS Number from Section 1 in the case, not the Card Number.
Both the USCIS A-Number and the Card Number appear on the front of current EAD designs. On a green card, those numbers sit on opposite sides. On an EAD they are inches apart.
| Number | Label on card | Form I-9 field |
|---|---|---|
| USCIS A-Number | USCIS# | Section 1 (employee) |
| Card Number | Separate field on front | Section 2 document number (employer) |
October 30, 2025 cutoff: EAD renewal applications filed on or after that date are not eligible for the old automatic 540-day extension. Renewals filed before October 30, 2025 may still qualify under prior rules until the extension period ends or USCIS decides the case. After the cutoff, an expired EAD without a valid extension is not acceptable for I-9.
180-day rule: Some categories still have regulatory auto-extension windows where a timely-filed renewal plus receipt notice extends work authorization. Check category code and filing date against USCIS guidance, not the receipt notice alone.
Receipt rule (90 days): A receipt is valid only for a replacement EAD (lost, stolen, or damaged), not an initial application. Within 90 days the employee must present the actual card.
Asylum-pending EAD holders may lose authorization mid-employment if annual asylum fees go unpaid under the May 2026 H.R.1 fee rule. One-line context: H.R.1 fee rule for employers. TPS cap changes: TPS employer guide.
Putting the USCIS A-Number in Section 2 document number. Both numbers are on the front. Section 2 gets the Card Number only.
Treating an EAD like a green card. Do not skip reverification because the employee has been with you for years. The plastic expires; work authorization tied to that card can too.
Asking for extra documents. Valid List A EAD alone is enough. A driver's license on top of it is over-documentation.
Accepting a restricted Social Security card as List C without checking DHS authorization. If the SSN card says valid for work only with DHS authorization, the employee still needs proof of that authorization, often the EAD itself. See valid for work only with DHS authorization.
Continuing to employ someone past EAD expiration without reverification can trigger knowing-hire exposure. Paperwork recording errors: $288–$2,861 per form (2026 I-9 penalties).
An Employment Authorization Document (Form I-766) USCIS issues to authorize a noncitizen to work for a limited time. On Form I-9, an unexpired EAD with a photo is List A document #4.
Yes. "Work permit" is the common name for the same USCIS card.
No. A green card is permanent resident status. An EAD is temporary work authorization and must be reverified when it expires.
The Card Number printed on the face of Form I-766. Enter it in Section 2 document number. The USCIS A-Number (USCIS#) goes in Section 1, not Section 2.
Yes, when the EAD expires (or when a valid auto-extension ends). Do not reverify U.S. citizens or employees with a valid green card.
The USCIS form number for the EAD card. Same document as "EAD" or "work permit." Listed as List A #4 in the M-274.
C08 is pending asylum; C09 is pending adjustment of status. Both are List A EADs. Neither is a green card. Auto-extension eligibility depends on category and whether renewal was filed before October 30, 2025.
List A, document #4. Full list: I-9 documents list.
Reverify on or before the expiration date. The employee presents continued work authorization (new EAD, another List A, or List C as applicable). Record in Supplement B.
Yes. Card Number in Section 2. USCIS A-Number in Section 1 only.
If both numbers are on the front and your team is unsure which field gets which digit string, that is a training problem worth fixing before E-Verify rejects the case. Book a free compliance call.
Call us at (713) 668-6200 (Mon–Fri, 8 AM – 5 PM CT), email support@i-9intelligence.com, or submit a ticket.
Assess overall exposure: I-9 Risk Calculator.