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Opened Feb 12, 2025 by Adeline Cotton@adelinecotton
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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 Operating In the U.S.

Form I-766 is more frequently referred to as the Employment Authorization Document (EAD) or work allow. 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 serves as concrete proof to possible employers that you have the needed authorization to contribute your skills and knowledge to the American workforce.

Navigating the detailed landscape of U.S. immigration law can be difficult, particularly when it comes to securing work permission. Form I-766 plays an essential role in this procedure, enabling eligible people to pursue their career goals while their immigration status is pending or employment under particular visa categories. In this comprehensive guide, we will look into the information of Form I-766, exploring its function, eligibility requirements, application procedure, and various circumstances where it becomes 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 need an Employment Authorization Document (EAD). U.S. people and lawful irreversible locals (permit holders) are automatically licensed to work and do not require to request an EAD. Similarly, some nonimmigrant visas naturally approve work permission, such as H-1B visas for specialized occupations.

However, if you fall under specific nonimmigrant classifications or require special consent to work, you needForm I-766 becomes your vital 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 students whose visas don't instantly enable work.
  • Dependents or spouses of particular employment-based nonimmigrant visa holders

    Form I-765 vs. Form I-766: What's the Difference?

    You might be questioning about 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 authorization, 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 permission.

    How to Request Form I-766?

    The application procedure for Form I-766 involves completing Form I-765 and offering supporting documents to demonstrate your eligibility. It's like assembling the pieces of a puzzle, ensuring you have all the needed elements to present a total and persuading case.

    The general requirements for requesting an EAD include:

    - Two identical passport-style pictures.
  • A copy of your U.S. visa.
  • A copy of your existing EAD (if relevant)

    In addition to these basic requirements, you'll require to submit particular evidence based on your visa classification. For instance, if you're using as a refugee, you'll require to supply your last notice 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 on your eligibility category and your present area. USCIS offers a breakdown of direct filing addresses on its website. It's vital to send your application to the appropriate address to prevent delays or possible rejection.

    Cost of Form I-766

    The filing charge 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 category. It's important to examine the USCIS site for the most up-to-date fee information.

    After You Receive Your Form I-766

    Congratulations! Once you get your Form I-766, you're formally authorized to work in the U.S. You can present this card to potential employers as evidence of your work eligibility. Remember, it's important 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 includes inaccurate information, you'll require to obtain a replacement. Similarly, if your EAD is ending, you'll require to renew it to continue working legally. In both cases, you'll require 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 get 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 deal with a K-1 visa, but it's a good idea to wait up until after you're wed and get an EAD, as K-1 visas generally expire within 90 days. How long is the processing time for Form I-765? Processing times can vary, however USCIS generally 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 travel while your EAD application is pending, as it might complicate your immigration 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 commitment to welcoming skilled people from all over the world and permitting them to contribute their talents to the American workforce. By understanding the requirements, application process, and possible difficulties associated with Form I-766, you can browse this important action in your migration journey with self-confidence and clarity. Please consult an immigration attorney for more details.
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Reference: adelinecotton/jobedges#38