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 commonly understood as 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 tangible proof to potential employers that you have the needed authorization to contribute your abilities and know-how to the American workforce.
Navigating the detailed landscape of U.S. immigration law can be challenging, especially when it comes to securing employment permission. Form I-766 plays an essential function in this process, employment enabling eligible individuals to pursue their career goals while their immigration status is pending or under particular visa categories. In this extensive guide, we will delve into the details of Form I-766, exploring its function, eligibility requirements, application process, and different circumstances where it becomes important.
Table of Contents
Who Needs Form I-766?
Form I-765 vs. Form I-766: What’s the Difference?
How to Obtain 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. people and legal long-term residents (permit holders) are immediately authorized to work and employment do not require to look for an EAD. Similarly, some nonimmigrant visas inherently give work permission, such as H-1B visas for specialized professions.
However, if you fall under particular nonimmigrant categories or require special authorization to work, you needForm I-766 becomes your essential tool. This includes:
– Individuals eligible for employment 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 instantly allow employment.
– Dependents or partners of particular 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 2 sides of the same coin. Form I-765 is the actual application you submit to request employment authorization, 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 granted permission.
How to Look For Form I-766?
The application procedure for Form I-766 includes finishing Form I-765 and providing supporting documentation to show your eligibility. It’s like putting together the pieces of a puzzle, guaranteeing you have all the needed parts to present a complete and persuading case.
The basic requirements for using for employment an EAD include:
– Two identical passport-style photographs.
– A copy of your U.S. visa.
– A copy of your current EAD (if relevant)
In addition to these general requirements, you’ll need to submit specific proof based on your visa classification. For example, if you’re using as a refugee, you’ll require to provide your last notification of eligibility for resettlement and your Form I-797. If you’re using under Temporary Protected Status (TPS), you’ll require to send proof 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 present area. USCIS supplies a detailed list of direct filing addresses on its website. It’s important to send your application to the proper address to prevent hold-ups or potential rejection.
Cost of Form I-766
The filing fee 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 important to check the USCIS site for the most up-to-date cost 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 possible companies as proof of your work eligibility. Remember, it’s important to restore 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 inaccurate details, you’ll need to make an application for a replacement. Similarly, if your EAD is ending, 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 fees.
Frequently Asked Questions
Do I require an EAD if I’m changing my status to a green card? Yes, if you have a pending Form I-485 (Adjustment of Status), you’ll require to apply for an EAD to work while your application is being processed.
Can I use for Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, but it’s a good idea to wait till after you’re married and obtain an EAD, as K-1 visas typically end within 90 days.
How long is the processing time for Form I-765? Processing times can differ, however USCIS usually aims 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 process.
Final Words
Form I-766, the Employment Authorization Document, is an essential tool for lots of nonimmigrants seeking to work legally in the United States. It’s a testimony to the U.S.’s dedication to inviting knowledgeable individuals from around the globe and allowing them to contribute their skills to the American workforce. By understanding the eligibility requirements, application procedure, and prospective difficulties connected with Form I-766, employment you can navigate this vital action in your with self-confidence and clearness. Please seek advice from a migration attorney to find out more.
