Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more typically called the Employment Authorization Document (EAD) or work allow. 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 acts as concrete proof to potential companies that you have the required authorization to contribute your abilities and proficiency to the American workforce.
Navigating the complex landscape of U.S. migration law can be difficult, particularly when it concerns securing work permission. Form I-766 plays a pivotal function in this process, allowing qualified individuals to pursue their profession aspirations while their migration status is pending or under specific visa classifications. In this detailed guide, we will look into the details of Form I-766, exploring its purpose, eligibility requirements, application process, and different scenarios where it becomes vital.
Table of Contents
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 require a Work Authorization Document (EAD). U.S. citizens and legal long-term locals (green card holders) are automatically authorized to work and do not need to obtain an EAD. Similarly, some nonimmigrant visas inherently grant work authorization, such as H-1B visas for specialized professions.
However, if you fall under specific nonimmigrant categories or need special approval to work, you needForm I-766 becomes your essential tool. This consists of:
- 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 instantly permit work.
- Dependents or partners of particular 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, securityholes.science they represent two sides of the 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 granted permission.
How to Obtain Form I-766?
The application process for Form I-766 includes completing Form I-765 and supplying supporting documents to demonstrate 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 basic requirements for obtaining an EAD include:
- Two similar passport-style photographs. - A copy of your U.S. visa.
- A copy of your current EAD (if relevant)
In addition to these general requirements, you'll need to send specific proof based upon your visa category. For example, if you're applying as a refugee, you'll require to supply your last notice of eligibility for resettlement and your Form I-797. If you're using under Temporary Protected Status (TPS), you'll need to send evidence 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 present area. USCIS offers a breakdown of direct filing addresses on its site. It's crucial to send your application to the appropriate address to prevent hold-ups 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, you may require to pay an $85 biometrics charge, depending on your eligibility category. It's vital to examine the USCIS site for wiki.asexuality.org the most current fee details.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're to operate in the U.S. You can present this card to possible employers as proof 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, trademarketclassifieds.com harmed, or contains incorrect info, you'll require to make an application for a replacement. Similarly, if your EAD is ending, you'll need to restore it to continue working legally. In both cases, you'll require to file a new Form I-765 and pay the required charges.
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 apply 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 work on a K-1 visa, but it's a good idea to wait till after you're married and look for an EAD, as K-1 visas generally end within 90 days. For how long is the processing time for Form I-765? Processing times can vary, but USCIS generally aims to process applications within a few months. Can I take a trip outside the U.S. while my EAD is pending? It's not suggested to travel while your EAD application is pending, as it could complicate your migration process.
Final Words
Form I-766, the Employment Authorization Document, is an essential tool for many nonimmigrants looking for to work lawfully in the United States. It's a testament to the U.S.'s commitment to inviting competent people from around the world and enabling them to contribute their skills to the American labor force. By understanding the eligibility requirements, application procedure, and potential difficulties associated with Form I-766, you can navigate this important step in your migration journey with confidence and clarity. Please consult a migration attorney for more details.