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 permit. It's a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants particular nonimmigrant visa holders the legal right to work in the United States. It acts as tangible evidence to prospective employers that you have the necessary permission to contribute your abilities and know-how to the American labor force.
Navigating the complex landscape of U.S. migration law can be daunting, particularly when it concerns protecting work authorization. Form I-766 plays a critical function in this procedure, allowing qualified individuals to pursue their career goals while their migration 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 various circumstances where it ends up being vital.
Table of Contents
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 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. residents and lawful irreversible residents (green card holders) are immediately authorized to work and do not require to obtain an EAD. Similarly, some nonimmigrant visas inherently approve work permission, such as H-1B visas for specialized occupations.
However, if you fall under particular nonimmigrant categories or special consent to work, you needForm I-766 becomes your necessary tool. This consists of:
- 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 work.
- Dependents or spouses of specific employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You may be questioning the distinction 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 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 given authorization.
How to Get Form I-766?
The application process for Form I-766 involves completing Form I-765 and supplying supporting documents to demonstrate your eligibility. It's like assembling the pieces of a puzzle, ensuring you have all the essential components to provide a complete and convincing case.
The basic requirements for obtaining an EAD consist of:
- Two identical passport-style photos. - A copy of your U.S. visa.
- A copy of your present EAD (if suitable)
In addition to these general requirements, you'll need to submit specific proof based on your visa category. For instance, if you're using as a refugee, you'll require to offer your last 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 upon your eligibility classification and your current place. USCIS provides a breakdown of direct filing addresses on its site. It's important to send your application to the correct address to avoid delays or potential 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 may require to pay an $85 biometrics cost, depending on your eligibility classification. It's necessary to examine the USCIS site for the most current charge details.
After You Receive Your Form I-766
Congratulations! Once you receive your Form I-766, you're officially licensed to operate in the U.S. You can provide this card to potential companies as proof of your work eligibility. Remember, it's crucial to renew 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 consists of inaccurate details, you'll need to apply 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 brand-new Form I-765 and pay the needed charges.
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 make an application for an EAD to work while your application is being processed. Can I obtain 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 end within 90 days. For how long 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 take a trip while your EAD application is pending, as it could complicate your migration process.
Final Words
Form I-766, the Employment Authorization Document, employment is an essential tool for numerous nonimmigrants looking for to work lawfully in the United States. It's a testament to the U.S.'s commitment to inviting competent individuals from around the globe and permitting them to contribute their talents to the American labor force. By comprehending the eligibility requirements, application procedure, and potential challenges connected with Form I-766, you can navigate this vital action in your migration journey with self-confidence and clarity. Please seek advice from an immigration attorney for more details.