Form I-766, Explained: Your Employment Authorization Document (EAD) for Operating 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 provided by U.S. Citizenship and Immigration Services (USCIS) that grants certain nonimmigrant visa holders the legal right to work in the United States. It works as concrete proof to potential employers that you have the essential authorization to contribute your skills and expertise to the American labor force.
Navigating the intricate landscape of U.S. migration law can be complicated, especially when it pertains to securing work permission. Form I-766 plays an essential role in this procedure, employment allowing qualified people to pursue their career aspirations while their immigration status is pending or under particular visa categories. In this detailed guide, we will look into the details of Form I-766, exploring its function, eligibility requirements, application procedure, and numerous situations where it ends up being indispensable.
Table of Contents
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Obtain 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. people and lawful irreversible citizens (permit holders) are immediately authorized to work and do not require to apply for 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 classifications or require special approval to work, you needForm I-766 becomes your essential 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 work.
- Dependents or spouses 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, they represent 2 sides of the same coin. Form I-765 is the actual application you send to request employment permission, while Form I-766 is the physical EAD card you receive upon approval. Think of Form I-765 as the demand, and Form I-766 as the granted authorization.
How to Request Form I-766?
The application process for Form I-766 includes finishing 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 needed components to present a complete and persuading case.
The basic requirements for getting an EAD include:
- Two similar passport-style pictures. - A copy of your U.S. visa.
- A copy of your current EAD (if applicable)
In addition to these general requirements, you'll require to submit specific proof based upon your visa classification. For example, if you're applying as a refugee, you'll require to offer your final notification of eligibility for resettlement and your Form I-797. If you're applying under Temporary Protected Status (TPS), you'll require to submit proof 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 an in-depth list of direct filing addresses on its site. It's crucial to send your application to the proper address to prevent hold-ups or prospective rejection.
Cost of Form I-766
The filing charge for Form I-765, which leads to the issuance of Form I-766 (EAD), is $410. Additionally, you might require to pay an $85 biometrics fee, depending upon your eligibility classification. It's necessary to inspect the USCIS website for the most current fee details.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're officially licensed to operate in the U.S. You can provide this card to potential companies as evidence of your work eligibility. Remember, it's vital to restore your EAD before it expires to preserve your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, stolen, harmed, or contains inaccurate details, you'll require to look for a replacement. Similarly, if your EAD is ending, you'll require to renew it to continue working lawfully. In both cases, you'll need to file a 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 green card? Yes, if you have a pending Form I-485 (Adjustment of Status), you'll require to use 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 work on a K-1 visa, but it's advisable to wait up until after you're married and obtain an EAD, as K-1 visas typically expire within 90 days. How long is the processing time for Form I-765? Processing times can vary, but USCIS generally intends to process applications within a few months. Can I travel outside the U.S. while my EAD is pending? It's not advised to take a trip while your EAD application is pending, as it could complicate your immigration process.
Final Words
Form I-766, the Employment Authorization Document, is an important tool for numerous 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 globe and enabling them to contribute their talents to the American workforce. By comprehending the eligibility requirements, application procedure, and prospective obstacles related to Form I-766, you can browse this essential action in your immigration journey with self-confidence and clarity. Please seek advice from a migration attorney to find out more.