Form I-766, Explained: your Employment Authorization Document (EAD) for Working in The U.S.

Form I-766, Explained: Your Employment Authorization Document (EAD) for employment Working in the U.S.

Form I-766 is more commonly referred to as the Employment Authorization Document (EAD) or work permit. 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 works as tangible proof to prospective employers that you have the essential authorization to contribute your abilities and proficiency to the American labor force.

Navigating the elaborate landscape of U.S. migration law can be difficult, especially when it pertains to securing work authorization. Form I-766 plays a pivotal function in this procedure, making it possible for eligible people to pursue their profession goals while their immigration status is pending or under specific visa classifications. In this comprehensive guide, we will explore the information of Form I-766, exploring its purpose, eligibility requirements, application process, and various situations where it becomes essential.

Tabulation

Who Needs Form I-766?

Form I-765 vs. Form I-766: employment What’s the Difference?

How to Make An Application For Form I-766?

Where to Submit Your Form I-765?

Cost of Form I-766

After You Receive Your Form I-766

Renewing or employment Replacing Your Form I-766

Frequently Asked Questions

Final Words

Who Needs Form I-766?

Not all nonimmigrant visa holders require an Employment Authorization Document (EAD). U.S. people and lawful permanent citizens (green card holders) are instantly authorized to work and do not require to apply for an EAD. Similarly, some nonimmigrant visas naturally grant work authorization, such as H-1B visas for specialty occupations.

However, if you fall under particular nonimmigrant classifications or require unique consent to work, you needForm I-766 becomes your essential 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 enable work.
– Dependents or spouses of certain employment-based nonimmigrant visa holders

Form I-765 vs. Form I-766: What’s the Difference?

You might be questioning about the distinction in between Form I-765 and Form I-766. In essence, employment they represent 2 sides of the very same coin. Form I-765 is the actual application you submit to request employment permission, while Form I-766 is the physical EAD card you get upon approval. Consider Form I-765 as the request, and Form I-766 as the granted permission.

How to Apply for Form I-766?

The application process for Form I-766 involves finishing Form I-765 and offering supporting paperwork to show your eligibility. It’s like putting together the pieces of a puzzle, guaranteeing you have all the essential elements to provide a total and convincing case.

The general requirements for obtaining an EAD include:

– Two similar passport-style photos.
– A copy of your U.S. visa.
– A copy of your current EAD (if relevant)

In addition to these basic requirements, you’ll need to submit particular evidence based on your visa classification. For example, if you’re using as a refugee, you’ll need to offer your final notification of eligibility for resettlement and your Form I-797. If you’re using under Temporary Protected Status (TPS), employment you’ll require to submit evidence of your TPS approval.

Where to Submit Your Form I-765?

The filing address for Form I-765 depends on your eligibility category and your present location. USCIS supplies a breakdown of direct filing addresses on its website. It’s essential to send your application to the right address to prevent hold-ups or prospective rejection.

Cost of Form I-766

The filing cost for Form I-765, which results in the issuance of Form I-766 (EAD), is $410. Additionally, you might require to pay an $85 biometrics fee, depending on your eligibility classification. It’s vital to check the USCIS site for the most updated charge info.

After You Receive Your Form I-766

Congratulations! Once you receive your Form I-766, you’re officially licensed to operate in the U.S. You can provide this card to possible employers as proof of your work eligibility. Remember, it’s crucial to restore your EAD before it ends to maintain your work permission.

Renewing or Replacing Your Form I-766

If your EAD is lost, taken, harmed, or consists of inaccurate info, you’ll require to request a replacement. Similarly, if your EAD is ending, you’ll need to restore it to continue working lawfully. In both cases, you’ll require to submit a new Form I-765 and pay the required costs.

Frequently Asked Questions

Do I require an EAD if I’m adjusting my status to a permit? Yes, if you have a pending Form I-485 (Adjustment of Status), you’ll need to apply for an EAD to work while your application is being processed.
Can I request Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, however it’s suggested to wait up until after you’re wed and obtain an EAD, as K-1 visas generally expire within 90 days.
For how long is the processing time for Form I-765? Processing times can vary, however USCIS generally intends to process applications within a few months.
Can I travel outside the U.S. while my EAD is pending? It’s not advised to take a trip while your EAD application is pending, as it could complicate your immigration procedure.

Final Words

Form I-766, the Employment Authorization Document, is an important tool for numerous nonimmigrants seeking to work legally in the United States. It’s a testimony to the U.S.’s dedication to welcoming experienced people from worldwide and allowing them to contribute their skills to the American workforce. By the eligibility requirements, application procedure, and prospective obstacles associated with Form I-766, you can browse this important step in your migration journey with self-confidence and clarity. Please seek advice from a migration lawyer to learn more.