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

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

Form I-766 is more frequently called the Employment Authorization Document (EAD) or work allow. It’s a physical card released by U.S. Citizenship and Immigration Services (USCIS) that grants particular nonimmigrant visa holders the legal right to operate in the United States. It acts as tangible proof to possible companies that you have the essential permission to contribute your abilities and know-how to the American labor force.

Navigating the intricate landscape of U.S. migration law can be challenging, specifically when it pertains to securing work permission. Form I-766 plays an essential function in this process, allowing qualified people to pursue their profession aspirations while their immigration status is pending or under specific visa classifications. In this extensive guide, we will dive into the details of Form I-766, exploring its purpose, eligibility requirements, application process, and job different scenarios where it ends up being important.

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 require an Employment Authorization Document (EAD). U.S. citizens and lawful permanent citizens (permit holders) are automatically licensed to work and do not require to look for an EAD. Similarly, some nonimmigrant visas naturally give work permission, such as H-1B visas for specialty occupations.

However, if you fall under specific 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 job 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 trainees whose visas do not instantly allow work.
– Dependents or of specific employment-based nonimmigrant visa holders

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

You may be questioning the distinction in between Form I-765 and Form I-766. In essence, they represent 2 sides of the exact same coin. Form I-765 is the real application you submit to ask for work permission, while Form I-766 is the physical EAD card you get upon approval. Think About Form I-765 as the demand, and Form I-766 as the given approval.

How to Apply for Form I-766?

The application procedure for Form I-766 includes completing Form I-765 and providing supporting paperwork to show your eligibility. It’s like putting together the pieces of a puzzle, guaranteeing you have all the required elements to provide a complete and persuading case.

The general requirements for requesting an EAD consist of:

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

In addition to these basic requirements, you’ll require to submit particular proof based upon your visa category. For instance, if you’re applying as a refugee, you’ll need to offer your last notice of eligibility for resettlement and your Form I-797. If you’re using 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 upon your eligibility category and your present location. USCIS offers a comprehensive list of direct filing addresses on its site. It’s crucial to send your application to the correct address to avoid hold-ups or prospective rejection.

Cost of Form I-766

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

After You Receive Your Form I-766

Congratulations! Once you get your Form I-766, you’re formally licensed to operate in the U.S. You can provide this card to prospective employers as evidence of your work eligibility. Remember, it’s essential to renew 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 includes inaccurate details, you’ll require to make an application for a replacement. Similarly, if your EAD is ending, you’ll need to restore it to continue working legally. In both cases, you’ll need to submit a new Form I-765 and pay the required fees.

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 require to look for 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 deal with a K-1 visa, but it’s suggested to wait until after you’re wed and make an application for an EAD, as K-1 visas generally end within 90 days.
The length of time is the processing time for Form I-765? Processing times can vary, however USCIS usually intends 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 travel while your EAD application is pending, as it could complicate your immigration procedure.

Final Words

Form I-766, the Employment Authorization Document, is a crucial tool for many nonimmigrants looking for to work lawfully in the United States. It’s a testimony to the U.S.’s commitment to inviting skilled people from all over the world and enabling them to contribute their skills to the American workforce. By comprehending the eligibility requirements, application procedure, and prospective obstacles associated with Form I-766, you can browse this crucial step in your immigration journey with self-confidence and clearness. Please speak with an immigration lawyer for more info.