Form I-766, Explained: your Employment Authorization Document (EAD) for Operating In The U.S.
Form I-766, Explained: Your Employment Authorization Document (EAD) for Operating In the U.S.
Form I-766 is more frequently understood as the Employment Authorization Document (EAD) or work permit. It’s a physical card released by U.S. Citizenship and Immigration Services (USCIS) that grants certain nonimmigrant visa holders the legal right to operate in the United States. It serves as concrete evidence to potential employers that you have the required authorization to contribute your abilities and employment competence to the American labor force.
Navigating the detailed landscape of U.S. migration law can be complicated, especially when it pertains to securing employment authorization. Form I-766 plays an essential function in this procedure, enabling eligible individuals to pursue their career goals while their immigration status is pending or employment under particular . In this detailed guide, we will look into the information of Form I-766, exploring its function, eligibility requirements, application procedure, and various scenarios where it becomes essential.
Table of Contents
Who Needs Form I-766?
Form I-765 vs. Form I-766: What’s the Difference?
How to Apply 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. people and legal long-term citizens (green card holders) are instantly authorized to work and do not need to request an EAD. Similarly, some nonimmigrant visas naturally give work authorization, such as H-1B visas for specialized professions.
However, if you fall under particular nonimmigrant categories or need special consent to work, you needForm I-766 becomes your necessary 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 students whose visas don’t automatically allow work.
– Dependents or spouses of certain employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What’s the Difference?
You may be questioning the distinction 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 send to ask for employment permission, while Form I-766 is the physical EAD card you get upon approval. Think of Form I-765 as the request, and Form I-766 as the granted approval.
How to Make An Application For Form I-766?
The application procedure for Form I-766 includes completing Form I-765 and offering supporting documents to demonstrate your eligibility. It resembles putting together the pieces of a puzzle, ensuring you have all the necessary components to present a complete and persuading case.
The general requirements for obtaining an EAD include:
– Two identical passport-style photographs.
– A copy of your U.S. visa.
– A copy of your present EAD (if appropriate)
In addition to these basic requirements, you’ll require to send specific proof based upon your visa classification. For instance, if you’re applying as a refugee, you’ll need to offer your last notice of eligibility for resettlement and your Form I-797. If you’re using under Temporary Protected Status (TPS), employment you’ll need 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 classification and your present area. USCIS provides a breakdown of direct filing addresses on its website. It’s essential to send your application to the right address to prevent hold-ups or possible 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 may require to pay an $85 biometrics charge, employment depending upon your eligibility category. It’s vital to check the USCIS site for the most up-to-date fee info.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you’re officially authorized to operate in the U.S. You can provide this card to potential companies as evidence of your work eligibility. Remember, it’s crucial to restore your EAD before it expires to keep your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, stolen, harmed, or consists of incorrect info, you’ll require to look for a replacement. Similarly, if your EAD is ending, you’ll require to restore it to continue working legally. In both cases, you’ll require to submit a new Form I-765 and pay the required fees.
Frequently Asked Questions
Do I require an EAD if I’m changing 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 use for Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, however it’s suggested to wait until after you’re married and use for an EAD, employment 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, however USCIS usually 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 recommended to take a trip while your EAD application is pending, as it might complicate your migration procedure.
Final Words
Form I-766, the Employment Authorization Document, is an essential tool for lots of nonimmigrants looking for to work lawfully in the United States. It’s a testimony to the U.S.’s commitment to welcoming proficient people from around the globe and enabling them to contribute their skills to the American labor force. By comprehending the eligibility requirements, application procedure, and prospective obstacles related to Form I-766, you can browse this vital action in your immigration journey with self-confidence and clarity. Please seek advice from an immigration lawyer to find out more.
