Form I-766, Explained: 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 work in the United States. It functions as tangible evidence to possible employers that you have the necessary permission to contribute your skills and know-how to the American labor force.
Navigating the elaborate landscape of U.S. migration law can be overwhelming, specifically when it concerns protecting work authorization. Form I-766 plays a pivotal role in this procedure, allowing qualified individuals to pursue their profession aspirations while their immigration status is pending 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 numerous situations 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 a Work Authorization Document (EAD). U.S. citizens and legal permanent residents (green card holders) are immediately licensed to work and do not require to use for an EAD. Similarly, some nonimmigrant visas naturally grant work permission, job such as H-1B visas for specialty occupations.
However, job if you fall under particular nonimmigrant categories or job need unique consent to work, you needForm I-766 becomes your necessary 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 trainees whose visas don't automatically allow employment.
- Dependents or spouses of specific employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You might be questioning the difference between Form I-765 and Form I-766. In essence, they represent two sides of the 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 request, and Form I-766 as the granted authorization.
How to Look For Form I-766?
The application process for Form I-766 involves completing Form I-765 and providing supporting paperwork to show your eligibility. It's like together the pieces of a puzzle, ensuring you have all the essential elements to present a complete and convincing case.
The basic requirements for requesting an EAD include:
- Two similar passport-style photographs. - 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 particular proof based on your visa category. For example, if you're using as a refugee, you'll require to supply your final notice of eligibility for resettlement and your Form I-797. If you're applying under Temporary Protected Status (TPS), you'll need to send 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 area. USCIS supplies a detailed list of direct filing addresses on its site. It's important to send your application to the proper address to prevent hold-ups or prospective rejection.
Cost of Form I-766
The filing charge 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 cost, depending upon your eligibility category. It's vital to examine the USCIS website for the most current fee details.
After You Receive Your Form I-766
Congratulations! Once you get 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 crucial to restore your EAD before it ends to keep your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, job stolen, damaged, or consists of incorrect information, you'll need to get a replacement. Similarly, if your EAD is ending, you'll require to restore it to continue working lawfully. In both cases, you'll require to file a brand-new Form I-765 and pay the required costs.
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 look for Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, but it's advisable to wait up until after you're wed and make an application for an EAD, job as K-1 visas generally end within 90 days. For how long is the processing time for Form I-765? Processing times can vary, but USCIS typically 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 suggested 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 lots of nonimmigrants looking for to work legally in the United States. It's a testimony to the U.S.'s dedication to welcoming experienced people from worldwide and enabling them to contribute their skills to the American workforce. By comprehending the eligibility requirements, application procedure, and potential difficulties related to Form I-766, you can browse this essential action in your immigration journey with confidence and clarity. Please seek advice from an immigration lawyer to learn more.