Form I-766, Explained: Your Employment Authorization Document (EAD) for Operating In the U.S.
Form I-766 is more commonly called the Employment Authorization Document (EAD) or work permit. It's a physical card provided by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to work in the United States. It functions as concrete evidence to that you have the required permission to contribute your skills and know-how to the American workforce.
Navigating the intricate landscape of U.S. migration law can be challenging, especially when it pertains to securing work authorization. Form I-766 plays a pivotal function in this procedure, enabling qualified people to pursue their career goals while their immigration status is pending or under specific visa classifications. In this extensive guide, we will dive into the information of Form I-766, exploring its purpose, eligibility requirements, application process, and numerous situations where it ends up being indispensable.
Tabulation
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Apply 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 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 (green card holders) are instantly licensed to work and do not require to obtain an EAD. Similarly, some nonimmigrant visas inherently give work authorization, such as H-1B visas for specialty occupations.
However, if you fall under particular nonimmigrant categories or need unique authorization to work, you needForm I-766 becomes your vital tool. This includes:
- 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 don't immediately enable employment.
- Dependents or partners of specific employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You may be questioning about the distinction between Form I-765 and Form I-766. In essence, they represent 2 sides of the same coin. Form I-765 is the real application you send to ask for 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 authorization.
How to Get Form I-766?
The application procedure for Form I-766 involves finishing Form I-765 and supplying supporting paperwork to show your eligibility. It's like putting together the pieces of a puzzle, ensuring you have all the necessary parts to provide a complete and persuading case.
The basic requirements for obtaining an EAD include:
- Two identical passport-style pictures. - A copy of your U.S. visa.
- A copy of your present EAD (if relevant)
In addition to these basic requirements, you'll need to send specific evidence based upon your visa category. For job example, if you're applying as a refugee, you'll require to offer your final notification of eligibility for resettlement and your Form I-797. If you're using under Temporary Protected Status (TPS), you'll need 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 existing location. USCIS supplies a comprehensive list of direct filing addresses on its site. It's essential to send your application to the right address to avoid hold-ups or possible 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 may need to pay an $85 biometrics fee, depending upon your eligibility category. It's important to inspect the USCIS site for the most updated charge info.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're formally licensed to work in the U.S. You can provide this card to prospective employers as evidence of your work eligibility. Remember, it's vital to renew your EAD before it expires to keep your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, damaged, or consists of inaccurate info, you'll require to request a replacement. Similarly, if your EAD is expiring, you'll require to renew it to continue working legally. In both cases, you'll need to submit a brand-new Form I-765 and pay the needed charges.
Frequently Asked Questions
Do I require an EAD if I'm changing my status to a permit? Yes, if you have a pending Form I-485 (Adjustment of Status), you'll require to obtain an EAD to work while your application is being processed. Can I look for Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, however it's recommended to wait up until after you're married and look for an EAD, as K-1 visas normally end within 90 days. The length of time is the processing time for Form I-765? Processing times can vary, however USCIS usually aims to process applications within a few months. Can I take a trip 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 a vital tool for lots of nonimmigrants looking for to work legally in the United States. It's a testimony to the U.S.'s dedication to welcoming skilled people from around the globe and allowing them to contribute their talents to the American workforce. By understanding the eligibility requirements, application procedure, and possible obstacles connected with Form I-766, you can browse this essential step in your migration journey with self-confidence and clarity. Please speak with a migration attorney for additional information.