Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more commonly called the Employment Authorization Document (EAD) or work permit. It's a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to operate in the United States. It acts as concrete proof to potential companies that you have the necessary authorization to contribute your abilities and expertise to the American workforce.
Navigating the detailed landscape of U.S. migration law can be overwhelming, specifically when it pertains to securing employment permission. Form I-766 plays a pivotal role in this process, enabling eligible individuals to pursue their profession goals while their migration status is pending or under specific visa classifications. In this thorough guide, we will look into the details of Form I-766, exploring its purpose, eligibility requirements, application procedure, and different situations 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 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 a Work Authorization Document (EAD). U.S. citizens and legal long-term residents (permit holders) are automatically authorized to work and do not require to obtain an EAD. Similarly, some nonimmigrant visas inherently give work authorization, such as H-1B visas for specialty occupations.
However, if you fall under particular nonimmigrant categories or require special consent to work, you needForm I-766 becomes your essential 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 allow employment.
- Dependents or partners of certain employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You might be questioning 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 actual application you send to ask for 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 Request Form I-766?
The application process for Form I-766 includes finishing Form I-765 and supplying supporting documents to show your eligibility. It resembles putting together the pieces of a puzzle, guaranteeing you have all the required parts to present a complete and persuading case.
The basic requirements for making an application for an EAD include:
- Two identical passport-style pictures. - A copy of your U.S. visa.
- A copy of your present EAD (if appropriate)
In addition to these basic requirements, you'll need to send specific proof based on your visa classification. For instance, if you're applying as a refugee, you'll need to provide your final notification 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 classification and your existing place. USCIS provides a detailed list of direct filing addresses on its site. It's essential to send your application to the appropriate 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 might need to pay an $85 biometrics charge, depending on your . It's necessary to check the USCIS site for the most up-to-date cost details.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're officially authorized to work in the U.S. You can provide this card to prospective employers as evidence of your work eligibility. Remember, it's important to restore your EAD before it ends to keep your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, employment taken, damaged, or consists of incorrect details, employment you'll need to look for a replacement. Similarly, if your EAD is expiring, you'll need to renew it to continue working legally. In both cases, you'll need to submit 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 need to get an EAD to work while your application is being processed. Can I apply for 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 married and use for an EAD, as K-1 visas generally end 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 few 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, employment as it might complicate your migration procedure.
Final Words
Form I-766, the Employment Authorization Document, is an essential tool for many nonimmigrants seeking to work lawfully in the United States. It's a testament to the U.S.'s commitment to welcoming skilled individuals from worldwide and enabling them to contribute their skills to the American labor force. By understanding the eligibility requirements, application process, and possible challenges related to Form I-766, you can browse this essential action in your immigration journey with self-confidence and clearness. Please speak with an immigration lawyer for additional information.