Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more typically called the Employment Authorization Document (EAD) or work allow. It's a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to operate in the United States. It functions as concrete proof to possible companies that you have the essential permission to contribute your abilities and proficiency to the American workforce.
Navigating the elaborate landscape of U.S. immigration law can be challenging, especially when it pertains to securing employment authorization. Form I-766 plays an essential function in this process, allowing qualified individuals to pursue their career aspirations while their migration status is pending or under particular visa classifications. In this comprehensive guide, we will look into the information of Form I-766, exploring its purpose, eligibility requirements, application procedure, and various scenarios where it ends up being essential.
Tabulation
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 need a Work Authorization Document (EAD). U.S. people and lawful permanent locals (permit holders) are instantly licensed to work and do not require to apply for an EAD. Similarly, some nonimmigrant visas naturally approve work permission, such as H-1B visas for specialized occupations.
However, if you fall under specific nonimmigrant categories or require special approval to work, job you needForm I-766 becomes your important 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 permit 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 two sides of the very same coin. Form I-765 is the real application you submit to ask for employment permission, while Form I-766 is the physical EAD card you receive upon approval. Think of Form I-765 as the demand, and Form I-766 as the given authorization.
How to Apply for Form I-766?
The application procedure for Form I-766 includes finishing Form I-765 and supplying supporting paperwork to demonstrate your eligibility. It's like assembling the pieces of a puzzle, ensuring you have all the needed parts to provide a total and persuading case.
The general requirements for obtaining an EAD consist of:
- Two similar passport-style photos.
- A copy of your U.S. visa.
- A copy of your current EAD (if suitable)
In addition to these basic requirements, you'll require to submit specific proof based on your visa category. For example, 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 applying 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 upon your eligibility classification and your existing area. USCIS provides a comprehensive list of direct filing addresses on its website. It's vital to send your application to the appropriate address to prevent delays or prospective rejection.
Cost of Form I-766
The filing cost for Form I-765, which causes the issuance of Form I-766 (EAD), is $410. Additionally, you might need to pay an $85 biometrics charge, depending upon your eligibility category. It's important to examine the USCIS website for the most up-to-date charge details.
After You Receive Your Form I-766
Congratulations! Once you receive your Form I-766, you're officially authorized to work in the U.S. You can present this card to possible employers as proof of your work eligibility. Remember, it's vital to renew your EAD before it ends to maintain your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, damaged, or consists of incorrect details, you'll need to request a replacement. Similarly, if your EAD is ending, you'll need to renew it to continue working legally. In both cases, you'll require to submit a new Form I-765 and pay the required fees.
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 require to use 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 work on a K-1 visa, however it's recommended to wait till after you're married and obtain an EAD, as K-1 visas usually expire within 90 days.
The length of time is the processing time for Form I-765? Processing times can vary, however USCIS normally 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 suggested to travel while your EAD application is pending, as it could complicate your migration process.
Final Words
Form I-766, the Employment Authorization Document, is an essential tool for many nonimmigrants looking for to work lawfully in the United States. It's a testimony to the U.S.'s dedication to inviting competent individuals from around the globe and allowing them to contribute their skills to the American labor force. By understanding the eligibility requirements, application procedure, and possible challenges connected with Form I-766, you can browse this vital action in your migration journey with self-confidence and clarity. Please seek advice from a migration attorney to learn more.
