Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more frequently known 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 certain nonimmigrant visa holders the legal right to operate in the United States. It serves as concrete proof to prospective employers that you have the essential permission to contribute your abilities and know-how to the American workforce.
Navigating the complex landscape of U.S. immigration law can be difficult, particularly when it pertains to protecting employment permission. Form I-766 plays an essential role in this procedure, enabling eligible people to pursue their profession goals while their migration status is pending or under specific visa categories. In this thorough guide, we will explore the details of Form I-766, exploring its function, eligibility requirements, application process, and various circumstances where it becomes important.
Tabulation
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Make An Application 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 require an Employment Authorization Document (EAD). U.S. residents and legal irreversible homeowners (green card holders) are immediately licensed to work and do not need to look for an EAD. Similarly, some nonimmigrant visas inherently grant work permission, such as H-1B visas for specialized occupations.
However, if you fall under particular nonimmigrant categories or need unique consent to work, you needForm I-766 becomes your necessary tool. This consists of:
- Individuals qualified 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 immediately enable employment.
- Dependents or spouses of specific employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You may be wondering about the distinction in 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 request 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 permission.
How to Apply for Form I-766?
The application procedure for Form I-766 involves finishing Form I-765 and supplying supporting documentation to show your eligibility. It resembles putting together the pieces of a puzzle, ensuring you have all the essential components to provide a complete and convincing case.
The general requirements for making an application for employment an EAD consist of:
- Two identical passport-style . - A copy of your U.S. visa.
- A copy of your current EAD (if relevant)
In addition to these general requirements, you'll require to submit particular proof based on your visa classification. For employment example, if you're applying as a refugee, you'll require to offer your last notification 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 category and your current area. USCIS supplies a breakdown of direct filing addresses on its site. It's important to send your application to the proper address to avoid delays or possible rejection.
Cost of Form I-766
The filing fee for Form I-765, which leads to the issuance of Form I-766 (EAD), is $410. Additionally, employment you might require to pay an $85 biometrics charge, depending upon your eligibility category. It's necessary to inspect the USCIS site for the most up-to-date charge details.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're formally authorized to operate in the U.S. You can present this card to possible companies as evidence of your work eligibility. Remember, it's important to renew your EAD before it expires to maintain your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, stolen, damaged, or includes incorrect details, you'll need to get a replacement. Similarly, if your EAD is expiring, you'll require to restore it to continue working lawfully. In both cases, you'll require to submit a new Form I-765 and pay the required charges.
Frequently Asked Questions
Do I require an EAD if I'm changing my status to a permit? Yes, if you have a pending Form I-485 (Adjustment of Status), employment you'll need to look for 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, however it's suggested to wait up until after you're married and look for employment an EAD, employment as K-1 visas usually expire within 90 days. How long is the processing time for Form I-765? Processing times can vary, however USCIS typically intends 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 a crucial tool for numerous nonimmigrants looking for to work legally in the United States. It's a testament to the U.S.'s dedication to inviting experienced individuals from all over the world and enabling them to contribute their skills to the American workforce. By understanding the eligibility requirements, application procedure, and potential difficulties related to Form I-766, you can browse this important step in your immigration journey with self-confidence and clearness. Please speak with an immigration lawyer for more details.