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 Working in the U.S.

Form I-766 is more frequently referred to as the Employment Authorization Document (EAD) or work allow. 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 works as tangible evidence to prospective companies that you have the necessary authorization to contribute your skills and expertise to the American labor force.

Navigating the detailed landscape of U.S. migration law can be daunting, especially when it comes to protecting employment permission. Form I-766 plays an essential function in this procedure, enabling eligible people to pursue their career goals while their migration status is or under particular visa classifications. In this comprehensive guide, we will explore the information of Form I-766, exploring its purpose, eligibility requirements, application procedure, and different circumstances where it becomes indispensable.

Tabulation

Who Needs Form I-766?

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

How to Look 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 a Work Authorization Document (EAD). U.S. residents and lawful long-term citizens (green card holders) are automatically licensed to work and do not need to request an EAD. Similarly, some nonimmigrant visas naturally approve work authorization, such as H-1B visas for specialty occupations.

However, if you fall under particular nonimmigrant classifications or need special consent 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 do not automatically enable employment.
– Dependents or partners of certain employment-based nonimmigrant visa holders

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

You might be questioning about the difference between Form I-765 and Form I-766. In essence, they represent 2 sides of the exact same coin. Form I-765 is the actual application you send to ask for work authorization, while Form I-766 is the physical EAD card you get upon approval. Consider Form I-765 as the demand, and Form I-766 as the granted permission.

How to Make An Application For Form I-766?

The application process for Form I-766 involves completing Form I-765 and supplying supporting documentation to show your eligibility. It’s like putting together the pieces of a puzzle, guaranteeing you have all the needed components to provide a total and persuading case.

The basic requirements for requesting an EAD include:

– Two identical passport-style photographs.
– A copy of your U.S. visa.
– A copy of your existing EAD (if appropriate)

In addition to these general requirements, you’ll require to submit particular evidence based upon your visa category. For example, if you’re using as a refugee, you’ll require to supply your last notice of eligibility for resettlement and employment your Form I-797. If you’re using under Temporary Protected Status (TPS), you’ll require to submit proof 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 place. USCIS offers a breakdown of direct filing addresses on its website. It’s essential to send your application to the correct address to prevent delays 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 might need to pay an $85 biometrics cost, depending upon your eligibility classification. It’s vital to inspect the USCIS website for employment the most updated charge info.

After You Receive Your Form I-766

Congratulations! Once you receive your Form I-766, you’re formally licensed to operate in the U.S. You can provide this card to possible employers as evidence of your work eligibility. Remember, it’s vital to restore your EAD before it ends to keep your work authorization.

Renewing or Replacing Your Form I-766

If your EAD is lost, stolen, damaged, or contains inaccurate information, you’ll need to make an application for a replacement. Similarly, if your EAD is expiring, you’ll require to renew it to continue working legally. In both cases, you’ll require to file a new Form I-765 and pay the required costs.

Frequently Asked Questions

Do I need 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 get an EAD to work while your application is being processed.
Can I get Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, but it’s suggested to wait up until after you’re wed and look for 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 differ, however USCIS typically aims to process applications within a couple of months.
Can I travel 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 could complicate your immigration process.

Final Words

Form I-766, employment the Employment Authorization Document, is a vital tool for lots of nonimmigrants looking for to work lawfully in the United States. It’s a testimony to the U.S.’s commitment to welcoming proficient people from around the world and enabling them to contribute their skills to the American labor force. By comprehending the eligibility requirements, application procedure, and possible difficulties associated with Form I-766, you can navigate this vital step in your migration journey with confidence and clarity. Please seek advice from a migration lawyer for more details.