Form I-766, Explained: your Employment Authorization Document (EAD) for Operating 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 called the Employment Authorization Document (EAD) or work permit. It’s a physical card provided by U.S. Citizenship and Immigration Services (USCIS) that grants certain nonimmigrant visa holders the legal right to work in the United States. It works as tangible evidence to possible companies that you have the essential authorization to contribute your abilities and knowledge to the American labor force.

Navigating the complex landscape of U.S. immigration law can be difficult, especially when it concerns securing employment authorization. Form I-766 plays a critical role in this procedure, enabling eligible people to pursue their career aspirations while their migration status is pending or under specific visa classifications. In this comprehensive guide, we will look into the details of Form I-766, exploring its purpose, eligibility requirements, employment application procedure, and various circumstances where it ends up being important.

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 an Employment Authorization Document (EAD). U.S. residents and lawful permanent citizens (green card holders) are instantly licensed to work and do not require to make an application for employment an EAD. Similarly, some nonimmigrant visas inherently grant work authorization, such as H-1B visas for specialty professions.

However, if you fall under specific nonimmigrant categories or need special approval to work, you needForm I-766 becomes your important 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 enable work.
– Dependents or spouses of particular 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 two sides of the same coin. Form I-765 is the real application you send to request 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 approved consent.

How to Make An Application For Form I-766?

The application procedure for Form I-766 involves completing Form I-765 and supplying supporting paperwork to your eligibility. It’s like assembling the pieces of a puzzle, guaranteeing you have all the essential components to provide a complete and persuading case.

The basic requirements for employment obtaining an EAD include:

– Two identical passport-style photos.
– A copy of your U.S. visa.
– A copy of your current EAD (if suitable)

In addition to these general requirements, you’ll need to send particular proof based upon your visa classification. For example, if you’re applying as a refugee, you’ll require to provide your final 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 category and your existing area. USCIS provides an in-depth list of direct filing addresses on its site. It’s crucial to send your application to the proper address to prevent 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 require to pay an $85 biometrics fee, depending upon your eligibility category. It’s vital to inspect the USCIS site for the most current charge information.

After You Receive Your Form I-766

Congratulations! Once you get your Form I-766, you’re formally licensed to operate in the U.S. You can present this card to prospective companies as proof of your work eligibility. Remember, it’s important to renew your EAD before it ends to keep your work permission.

Renewing or Replacing Your Form I-766

If your EAD is lost, stolen, damaged, or includes incorrect details, you’ll need to obtain a replacement. Similarly, if your EAD is expiring, you’ll need 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 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 request 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, however it’s a good idea to wait till 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, however USCIS typically intends to process applications within a couple of months.
Can I travel outside the U.S. while my EAD is pending? It’s not advised to travel while your EAD application is pending, as it might complicate your migration procedure.

Final Words

Form I-766, the Employment Authorization Document, is a vital tool for lots of nonimmigrants seeking to work legally in the United States. It’s a testament to the U.S.’s dedication to welcoming skilled individuals from around the globe and allowing them to contribute their skills to the American workforce. By understanding the eligibility requirements, application process, and possible obstacles related to Form I-766, you can browse this crucial step in your immigration journey with self-confidence and clarity. Please consult a migration attorney to learn more.