Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more commonly referred to as the Employment Authorization Document (EAD) or work permit. It's a physical card provided by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to operate in the United States. It serves as tangible evidence to prospective companies that you have the needed authorization to contribute your abilities and proficiency to the American labor force.
Navigating the detailed landscape of U.S. immigration law can be difficult, specifically when it comes to securing work authorization. Form I-766 plays a pivotal role in this process, enabling qualified individuals to pursue their profession goals while their immigration status is pending or under particular visa categories. In this thorough guide, we will explore the information of Form I-766, exploring its purpose, eligibility requirements, application process, and different scenarios where it becomes vital.
Tabulation
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Get 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 legal permanent locals (green card holders) are instantly licensed to work and do not require to use for an EAD. Similarly, some nonimmigrant visas naturally give work permission, such as H-1B visas for specialty occupations.
However, if you fall under specific nonimmigrant classifications or require special consent to work, you needForm I-766 becomes your important tool. This consists of:
- Individuals eligible for Deferred Action for employment 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 do not instantly enable work.
- Dependents or spouses of certain 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 exact 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 get upon approval. Think About Form I-765 as the demand, and Form I-766 as the granted permission.
How to Look For Form I-766?
The application process for Form I-766 involves finishing Form I-765 and supplying supporting documents to demonstrate your eligibility. It resembles putting together the pieces of a puzzle, ensuring you have all the necessary components to present a total and persuading case.
The general requirements for getting an EAD consist of:
- Two identical passport-style photographs. - A copy of your U.S. visa.
- A copy of your current EAD (if appropriate)
In addition to these general requirements, you'll need to send specific proof based upon your visa category. For employment example, if you're using as a refugee, you'll require to offer your final notice of eligibility for resettlement and your Form I-797. If you're applying 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 location. USCIS provides a breakdown of direct filing addresses on its site. It's vital to send your application to the right address to avoid hold-ups or employment prospective rejection.
Cost of Form I-766
The filing charge for Form I-765, which results in the issuance of Form I-766 (EAD), is $410. Additionally, you may require to pay an $85 biometrics fee, depending upon your eligibility classification. It's important to inspect the USCIS website for the most up-to-date cost information.
After You Receive Your Form I-766
Congratulations! Once you receive your Form I-766, you're officially licensed to work in the U.S. You can present this card to possible employers as evidence of your work eligibility. Remember, it's to renew your EAD before it ends to preserve your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, stolen, damaged, or consists of inaccurate information, you'll need to request a replacement. Similarly, if your EAD is ending, you'll require to restore it to continue working legally. In both cases, employment you'll require to submit 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 permit? Yes, if you have a pending Form I-485 (Adjustment of Status), you'll require to request an EAD to work while your application is being processed. Can I request Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, but it's recommended to wait up until after you're married and obtain an EAD, as K-1 visas usually end within 90 days. For how long is the processing time for Form I-765? Processing times can differ, however USCIS typically 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 recommended to travel while your EAD application is pending, as it might complicate your immigration procedure.
Final Words
Form I-766, the Employment Authorization Document, is an essential tool for lots of nonimmigrants seeking to work lawfully in the United States. It's a testimony to the U.S.'s dedication to welcoming proficient individuals from all over the world and permitting them to contribute their talents to the American labor force. By understanding the eligibility requirements, application process, and potential challenges connected with Form I-766, you can browse this essential step in your immigration journey with self-confidence and clearness. Please seek advice from a migration lawyer to find out more.