Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more typically understood as the Employment Authorization Document (EAD) or work permit. It's a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to work in the United States. It acts as concrete proof to possible employers that you have the required authorization to contribute your abilities and expertise to the American workforce.
Navigating the detailed landscape of U.S. migration law can be daunting, especially when it pertains to protecting work authorization. Form I-766 plays an essential function in this process, making it possible for to pursue their career goals while their migration status is pending or under specific visa classifications. In this thorough guide, we will dive into the details of Form I-766, exploring its function, eligibility requirements, application procedure, and various circumstances where it becomes vital.
Table of Contents
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 require an Employment Authorization Document (EAD). U.S. people and lawful permanent citizens (permit holders) are automatically licensed to work and do not require to request an EAD. Similarly, some nonimmigrant visas naturally give work authorization, such as H-1B visas for specialized occupations.
However, if you fall under particular nonimmigrant categories or need unique consent to work, you needForm I-766 becomes your essential tool. This includes:
- Individuals qualified for Deferred Action for Childhood Arrivals (DACA).
- Refugees and raovatonline.org 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 automatically allow work.
- Dependents or partners of particular employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You may be wondering about the difference between Form I-765 and Form I-766. In essence, they represent 2 sides of the very 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 receive upon approval. Think About Form I-765 as the demand, and Form I-766 as the granted consent.
How to Look For Form I-766?
The application process for Form I-766 includes completing Form I-765 and offering supporting documents to show your eligibility. It's like putting together the pieces of a puzzle, ensuring you have all the needed parts to provide a total and persuading case.
The basic requirements for making an application for an EAD consist of:
- Two similar passport-style pictures. - A copy of your U.S. visa.
- A copy of your current EAD (if appropriate)
In addition to these basic requirements, you'll require to send particular proof based on your visa category. For instance, 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 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 upon your eligibility classification and your existing place. USCIS offers a detailed list of direct filing addresses on its site. It's vital to send your application to the correct address to avoid delays or prospective rejection.
Cost of Form I-766
The filing fee for Form I-765, which leads to the issuance of Form I-766 (EAD), is $410. Additionally, you might need to pay an $85 biometrics cost, depending upon your eligibility classification. It's important to examine the USCIS website for the most up-to-date fee information.
After You Receive Your Form I-766
Congratulations! Once you receive your Form I-766, you're officially authorized 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 restore your EAD before it expires to maintain your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, damaged, or contains incorrect information, you'll need to make an application for a replacement. Similarly, if your EAD is expiring, you'll need to renew it to continue working lawfully. In both cases, you'll need to file a new Form I-765 and pay the needed costs.
Frequently Asked Questions
Do I need an EAD if I'm adjusting my status to a green card? Yes, if you have a pending Form I-485 (Adjustment of Status), you'll need to look 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, but it's suggested to wait until after you're wed and get 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 differ, but USCIS generally intends 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 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 numerous nonimmigrants looking for to work legally in the United States. It's a testimony to the U.S.'s dedication to inviting experienced people from all over the world and allowing them to contribute their skills to the American labor force. By understanding the eligibility requirements, application procedure, and possible challenges associated with Form I-766, you can browse this essential step in your migration journey with confidence and clarity. Please consult a migration lawyer to find out more.