Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more commonly understood 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 particular nonimmigrant visa holders the legal right to operate in the United States. It functions as tangible proof to possible companies that you have the necessary authorization to contribute your abilities and proficiency to the American workforce.
Navigating the detailed landscape of U.S. immigration law can be challenging, specifically when it comes to protecting work authorization. Form I-766 plays a critical role in this process, making it possible for qualified people to pursue their career aspirations while their migration status is pending or employment under particular visa categories. In this thorough guide, we will look into the details of Form I-766, exploring its purpose, eligibility requirements, application process, and different scenarios where it ends up being essential.
Tabulation
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Request 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. citizens and lawful irreversible homeowners (permit holders) are automatically licensed to work and do not require to make an application for an EAD. Similarly, some nonimmigrant visas naturally give work permission, such as H-1B visas for specialty professions.
However, if you fall under particular nonimmigrant categories or require unique authorization to work, you needForm I-766 becomes your vital 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 trainees whose visas do not immediately enable employment.
- Dependents or partners of particular employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You might be wondering 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 work authorization, while Form I-766 is the physical EAD card you receive upon approval. Consider Form I-765 as the demand, and Form I-766 as the granted authorization.
How to Obtain Form I-766?
The application process for Form I-766 involves completing Form I-765 and supplying supporting documentation to show your eligibility. It's like putting together the pieces of a puzzle, ensuring you have all the required components to present a complete and convincing case.
The general requirements for looking for an EAD include:
- Two similar passport-style photos. - A copy of your U.S. visa.
- A copy of your existing EAD (if appropriate)
In addition to these general requirements, you'll require to submit specific proof based on your visa classification. For instance, if you're using as a refugee, you'll require to offer 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 submit evidence 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 existing place. USCIS supplies a breakdown of direct filing addresses on its site. It's vital to send your application to the appropriate address to avoid delays or potential rejection.
Cost of Form I-766
The filing cost for Form I-765, which results in the issuance of Form I-766 (EAD), is $410. Additionally, you might need to pay an $85 biometrics fee, depending upon your eligibility category. It's important to check the USCIS site for the most current fee details.
After You Receive Your Form I-766
Congratulations! Once you receive your Form I-766, you're officially licensed to operate 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 ends to preserve your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, stolen, damaged, or contains incorrect information, you'll require to look for a replacement. Similarly, if your EAD is ending, you'll require to restore it to continue working lawfully. In both cases, you'll require to file a brand-new Form I-765 and pay the required charges.
Frequently Asked Questions
Do I require an EAD if I'm adjusting my status to a green card? Yes, if you have a pending Form I-485 (Adjustment of Status), you'll to make an application for an EAD to work while your application is being processed. Can I obtain Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, however it's advisable to wait up until after you're married and make an application for an EAD, as K-1 visas usually expire within 90 days. The length of time is the processing time for Form I-765? Processing times can differ, but 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 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 an important 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 welcoming proficient people from around the world and enabling them to contribute their skills to the American workforce. By understanding the eligibility requirements, application procedure, and prospective difficulties connected with Form I-766, you can navigate this essential action in your immigration journey with confidence and clarity. Please speak with an immigration lawyer for more info.