Form I-766, Explained: Your Employment Authorization Document (EAD) for Operating In the U.S.
Form I-766 is more typically known as the Employment Authorization Document (EAD) or work allow. It's a physical card released by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to work in the United States. It serves as tangible evidence to possible companies that you have the needed authorization to contribute your abilities and knowledge to the American labor force.
Navigating the elaborate landscape of U.S. immigration law can be daunting, particularly when it concerns protecting employment authorization. Form I-766 plays a critical function in this process, making it possible for qualified individuals to pursue their profession aspirations while their migration status is pending or under particular visa classifications. In this detailed guide, we will delve into the details of Form I-766, exploring its function, eligibility requirements, application procedure, and numerous scenarios where it becomes important.
Tabulation
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Look 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 lawful irreversible residents (green card holders) are instantly licensed to work and do not require to apply for an EAD. Similarly, some nonimmigrant visas inherently grant work authorization, such as H-1B visas for specialty occupations.
However, if you fall under specific nonimmigrant classifications or require unique consent to work, you needForm I-766 becomes your important 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 don't automatically enable work.
- Dependents or partners of specific employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You may be questioning about 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 actual application you submit to request employment permission, while Form I-766 is the physical EAD card you get upon approval. Consider Form I-765 as the request, and Form I-766 as the given consent.
How to Request Form I-766?
The application process for Form I-766 involves finishing Form I-765 and supplying supporting paperwork to show your eligibility. It resembles putting together the pieces of a puzzle, guaranteeing you have all the essential parts to present a complete and convincing case.
The general requirements for looking for an EAD include:
- Two similar passport-style photographs. - A copy of your U.S. visa.
- A copy of your existing EAD (if relevant)
In addition to these general requirements, you'll need to send specific evidence based on your visa classification. For example, if you're using 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 need to send proof of your .
Where to Submit Your Form I-765?
The filing address for Form I-765 depends on your eligibility classification and your existing area. USCIS provides an in-depth list of direct filing addresses on its website. It's important to send your application to the correct address to avoid hold-ups or potential 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 might require to pay an $85 biometrics cost, depending upon your eligibility classification. It's necessary to inspect the USCIS website for the most up-to-date cost information.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're officially licensed to work in the U.S. You can present this card to possible companies as evidence of your work eligibility. Remember, it's vital to renew your EAD before it ends to preserve your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, harmed, or includes incorrect details, you'll need to make an application for a replacement. Similarly, if your EAD is expiring, employment you'll need to renew it to continue working lawfully. In both cases, you'll require to file a new Form I-765 and pay the needed costs.
Frequently Asked Questions
Do I require 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 make an application for an EAD to work while your application is being processed. Can I make an application for Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, however it's advisable to wait up until after you're married and request an EAD, as K-1 visas typically end within 90 days. For how long is the processing time for Form I-765? Processing times can vary, however 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 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 essential tool for many nonimmigrants looking for to work lawfully in the United States. It's a testimony to the U.S.'s commitment to welcoming competent individuals from all over the world and enabling them to contribute their talents to the American workforce. By understanding the eligibility requirements, application procedure, and potential obstacles associated with Form I-766, you can browse this important action in your migration journey with confidence and clarity. Please consult an immigration lawyer for more details.