Form I-766, Explained: Your Employment Authorization Document (EAD) for Working 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 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 prospective employers that you have the essential permission to contribute your abilities and know-how to the American labor force.
Navigating the detailed landscape of U.S. immigration law can be difficult, particularly when it comes to protecting employment permission. Form I-766 plays a critical function in this process, making it possible for eligible people to pursue their profession goals while their migration status is pending or under particular visa classifications. In this thorough guide, we will look into the details of Form I-766, exploring its purpose, eligibility requirements, application process, and various situations where it becomes essential.
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 need a Work Authorization Document (EAD). U.S. people and lawful long-term homeowners (permit holders) are instantly authorized to work and do not need to look for 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 classifications or require special permission to work, you needForm I-766 becomes your necessary tool. This consists of:
- Individuals eligible for Deferred Action for Childhood Arrivals (DACA).
- Refugees and employment 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 automatically permit work.
- Dependents or partners 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 two sides of the very same coin. Form I-765 is the actual application you submit to ask for work authorization, while Form I-766 is the physical EAD card you receive upon approval. Think About Form I-765 as the request, and Form I-766 as the given permission.
How to Get Form I-766?
The application procedure for Form I-766 includes finishing Form I-765 and providing supporting paperwork to show your eligibility. It's like putting together the pieces of a puzzle, ensuring you have all the needed parts 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 general requirements, employment you'll require to submit particular evidence based upon your visa category. For example, if you're applying as a refugee, you'll require to offer your last notice of eligibility for resettlement and your Form I-797. If you're applying 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 classification and your current place. USCIS provides a breakdown of direct filing addresses on its website. It's important to send your application to the correct address to prevent delays or prospective 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 charge, depending on your eligibility classification. It's necessary to check the USCIS site for the most up-to-date fee details.
After You Receive Your Form I-766
Congratulations! Once you receive your Form I-766, you're officially authorized to operate in the U.S. You can provide this card to potential employers as evidence of your work eligibility. Remember, it's important to restore your EAD before it ends to preserve your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, stolen, harmed, or employment includes inaccurate details, you'll require to obtain a replacement. Similarly, if your EAD is ending, you'll require to restore it to continue working legally. In both cases, you'll need to file a new Form I-765 and pay the required charges.
Frequently Asked Questions
Do I need an EAD if I'm changing my status to a permit? 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, but it's a good idea to wait till after you're wed and look for 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 normally aims to process applications within a couple of months.
Can I travel outside the U.S. while my EAD is pending? It's not recommended to take a trip while your EAD application is pending, as it might complicate your immigration 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 testimony to the U.S.'s dedication to welcoming skilled people from around the globe and permitting them to contribute their skills to the American workforce. By understanding the eligibility requirements, application process, and prospective obstacles associated with Form I-766, you can browse this vital action in your migration journey with confidence and clearness. Please speak with a migration attorney to learn more.
