Form I-766, Explained: your Employment Authorization Document (EAD) for Operating In The U.S.
Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more frequently understood as the Employment Authorization Document (EAD) or work allow. It’s a physical card released by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to work in the United States. It serves as tangible evidence to prospective companies that you have the necessary authorization to contribute your abilities and knowledge to the American workforce.
Navigating the complex landscape of U.S. migration law can be difficult, particularly when it concerns protecting employment permission. Form I-766 plays an essential function in this procedure, making it possible for qualified people to pursue their career goals while their migration status is pending or under specific visa categories. In this thorough guide, we will explore the details of Form I-766, exploring its purpose, eligibility requirements, application procedure, and numerous circumstances where it ends up being indispensable.
Table of Contents
Who Needs Form I-766?
Form I-765 vs. Form I-766: What’s the Difference?
How to Get Form I-766?
Where to Submit Your Form I-765?
Cost of Form I-766
After You Receive Your Form I-766
Renewing or Replacing Your Form I-766
Frequently Asked Questions
Final Words
Who Needs Form I-766?
Not all nonimmigrant visa holders need an Employment Authorization Document (EAD). U.S. residents and legal permanent homeowners (permit holders) are instantly authorized to work and do not need to use for an EAD. Similarly, some nonimmigrant visas naturally approve work authorization, such as H-1B visas for specialty professions.
However, if you fall under specific nonimmigrant categories or job need unique authorization to work, you needForm I-766 becomes your vital tool. This consists of:
– Individuals eligible for Deferred Action for Childhood Arrivals (DACA).
– Refugees and Asylees.
– Individuals with U nonimmigrant status.
– Applicants with pending Form I-485 (Adjustment of Status) applications.
– F-1 or M-1 students whose visas do not automatically permit employment.
– Dependents or partners of specific employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What’s the Difference?
You might be questioning the distinction in between Form I-765 and Form I-766. In essence, they represent two sides of the same coin. Form I-765 is the real application you submit to request employment permission, while Form I-766 is the physical EAD card you receive upon approval. Think About Form I-765 as the demand, and job Form I-766 as the granted approval.
How to Request Form I-766?
The application procedure for Form I-766 involves completing Form I-765 and offering supporting documentation to show your eligibility. It’s like putting together the pieces of a puzzle, guaranteeing you have all the required parts to provide a total and persuading case.
The general requirements for applying for an EAD include:
– Two identical passport-style pictures.
– A copy of your U.S. visa.
– A copy of your existing EAD (if applicable)
In addition to these basic requirements, you’ll need to send specific evidence based on your visa classification. For example, if you’re using as a refugee, you’ll require to offer your last notice of eligibility for resettlement and your Form I-797. If you’re applying under Temporary Protected Status (TPS), you’ll need to send evidence of your TPS approval.
Where to Submit Your Form I-765?
The filing address for Form I-765 depends on your eligibility classification and your present area. USCIS provides a breakdown of direct filing addresses on its website. It’s vital to send your application to the appropriate address to prevent delays or prospective rejection.
Cost of Form I-766
The filing fee for Form I-765, which causes the issuance of Form I-766 (EAD), is $410. Additionally, job you may require to pay an $85 biometrics charge, depending upon your eligibility category. It’s important to inspect the USCIS website for the most up-to-date cost info.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you’re officially authorized to work in the U.S. You can provide this card to possible employers as evidence of your work eligibility. Remember, it’s crucial to restore your EAD before it expires to preserve your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, job taken, damaged, or contains incorrect info, you’ll need to apply for a replacement. Similarly, if your EAD is expiring, job you’ll require to renew it to continue working lawfully. In both cases, you’ll require to file a brand-new Form I-765 and pay the needed costs.
Frequently Asked Questions
Do I require an EAD if I’m changing my status to a green card? Yes, if you have a pending Form I-485 (Adjustment of Status), you’ll need to request an EAD to work while your application is being processed.
Can I make an application for Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, but it’s recommended to wait till after you’re married and obtain an EAD, as K-1 visas normally end within 90 days.
For how long is the processing time for Form I-765? Processing times can vary, however USCIS generally aims to process applications within a couple of months.
Can I take a trip outside the U.S. while my EAD is pending? It’s not recommended to take a trip while your EAD application is pending, as it might complicate your immigration procedure.
Final Words
Form I-766, the Employment Authorization Document, is an essential tool for many nonimmigrants seeking to work lawfully in the United States. It’s a testimony to the U.S.’s commitment to inviting knowledgeable individuals from around the world and them to contribute their talents to the American labor force. By understanding the eligibility requirements, application procedure, and possible difficulties connected with Form I-766, you can navigate this crucial action in your migration journey with confidence and clearness. Please consult an immigration lawyer to learn more.
