Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more commonly referred to 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 certain nonimmigrant visa holders the legal right to operate in the United States. It acts as tangible evidence to possible employers that you have the necessary permission to contribute your skills and proficiency to the American workforce.
Navigating the intricate landscape of U.S. immigration law can be complicated, particularly when it comes to protecting employment permission. Form I-766 plays a pivotal function in this process, allowing qualified individuals to pursue their career aspirations while their immigration status is pending or under specific visa classifications. In this comprehensive guide, we will dive into the information of Form I-766, exploring its purpose, eligibility requirements, application process, and various situations where it becomes important.
Table of Contents
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 an Employment Authorization Document (EAD). U.S. residents and lawful permanent citizens (green card holders) are automatically licensed to work and do not require to make an application for an EAD. Similarly, some nonimmigrant visas naturally approve work permission, such as H-1B visas for specialty professions.
However, if you fall under particular nonimmigrant classifications or require special approval to work, you needForm I-766 becomes your important tool. This includes:
- 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 trainees whose visas do not immediately permit work.
- Dependents or partners of certain employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You may be questioning the difference in between Form I-765 and Form I-766. In essence, they represent 2 sides of the exact same coin. Form I-765 is the real application you submit to ask for employment authorization, while Form I-766 is the physical EAD card you get upon approval. Consider Form I-765 as the demand, and Form I-766 as the given approval.
How to Make An Application For Form I-766?
The application procedure for Form I-766 includes finishing Form I-765 and offering supporting documentation to demonstrate your eligibility. It's like assembling the pieces of a puzzle, ensuring you have all the needed elements to present a total and persuading case.
The basic requirements for requesting an EAD include:
- Two similar passport-style pictures.
- A copy of your U.S. visa.
- A copy of your existing EAD (if suitable)
In addition to these general requirements, you'll need to submit particular evidence based upon your visa category. For instance, if you're using as a refugee, you'll require to supply your final 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 upon your eligibility classification and your present place. USCIS provides a breakdown of direct filing addresses on its site. It's vital to send your application to the correct address to prevent hold-ups or prospective rejection.
Cost of Form I-766
The filing fee for Form I-765, which results in the issuance of Form I-766 (EAD), is $410. Additionally, you might require to pay an $85 biometrics charge, depending on your eligibility classification. It's necessary to inspect 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 formally licensed to operate in the U.S. You can present this card to possible companies as evidence of your work eligibility. Remember, it's vital to restore your EAD before it expires to preserve your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, yogicentral.science taken, damaged, or contains inaccurate info, you'll need to request a replacement. Similarly, if your EAD is ending, you'll require to restore it to continue working lawfully. In both cases, you'll need to submit a new Form I-765 and pay the required fees.
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 look for an EAD to work while your application is being processed.
Can I get Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, however it's a good idea to wait until after you're married and look for an EAD, disgaeawiki.info as K-1 visas generally end within 90 days.
The length of time is the processing time for Form I-765? Processing times can vary, 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 might complicate your migration process.
Final Words
Form I-766, the Employment Authorization Document, is an important tool for many nonimmigrants seeking to work lawfully in the United States. It's a testament to the U.S.'s dedication to inviting experienced individuals from worldwide and allowing them to contribute their talents to the American workforce. By comprehending the eligibility requirements, application procedure, and possible challenges related to Form I-766, you can navigate this vital action in your immigration journey with self-confidence and clearness. Please speak with an immigration attorney to learn more.
