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 Operating In the U.S.
Form I-766 is more typically referred to as the Employment Authorization Document (EAD) or work permit. It's a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to work in the United States. It works as concrete evidence to possible companies that you have the essential authorization to contribute your skills and employment knowledge to the American workforce.
Navigating the detailed landscape of U.S. migration law can be difficult, especially when it pertains to securing employment authorization. Form I-766 plays a critical function in this process, allowing eligible people to pursue their profession aspirations while their status is pending or under particular visa classifications. In this detailed guide, we will dive into the information of Form I-766, exploring its function, employment eligibility requirements, application process, and various circumstances where it becomes indispensable.
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 need an Employment Authorization Document (EAD). U.S. citizens and legal permanent locals (permit holders) are instantly licensed to work and do not need to obtain an EAD. Similarly, some nonimmigrant visas inherently grant work permission, such as H-1B visas for specialty professions.
However, if you fall under specific nonimmigrant classifications or employment require special permission to work, you needForm I-766 becomes your essential tool. This includes:
- Individuals qualified 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 instantly allow employment.
- Dependents or employment spouses of specific employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You may 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 ask for employment authorization, while Form I-766 is the physical EAD card you get upon approval. Think of Form I-765 as the demand, and Form I-766 as the given approval.
How to Make An Application For Form I-766?
The application procedure for Form I-766 includes finishing Form I-765 and supplying supporting paperwork to show your eligibility. It resembles assembling the pieces of a puzzle, ensuring you have all the necessary components to present a total and convincing case.
The general requirements for getting an EAD consist of:
- Two identical passport-style photos. - A copy of your U.S. visa.
- A copy of your existing EAD (if suitable)
In addition to these basic requirements, you'll require to submit particular evidence based upon your visa category. For employment instance, 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 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 existing place. USCIS offers a breakdown of direct filing addresses on its site. It's essential to send your application to the proper address to prevent hold-ups or possible rejection.
Cost of Form I-766
The filing cost for Form I-765, which leads to the issuance of Form I-766 (EAD), is $410. Additionally, you might need to pay an $85 biometrics cost, depending upon your eligibility classification. It's vital to inspect the USCIS website for the most current cost details.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're formally licensed to work in the U.S. You can present this card to possible companies as proof of your work eligibility. Remember, it's vital to restore your EAD before it expires to maintain your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, damaged, or contains incorrect details, you'll require to use for a replacement. Similarly, if your EAD is ending, you'll require to renew it to continue working legally. In both cases, you'll need to file a new Form I-765 and pay the needed costs.
Frequently Asked Questions
Do I need 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 need to use for an EAD to work while your application is being processed. Can I get 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 married and request an EAD, as K-1 visas normally expire within 90 days. How long is the processing time for employment Form I-765? Processing times can differ, however USCIS usually aims 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 immigration procedure.
Final Words
Form I-766, the Employment Authorization Document, is a vital tool for lots of nonimmigrants looking for to work legally in the United States. It's a testament to the U.S.'s commitment to inviting experienced individuals from worldwide 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 essential step in your migration journey with confidence and clarity. Please speak with an immigration attorney to find out more.