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 permit. It's a physical card provided by U.S. Citizenship and Immigration Services (USCIS) that grants particular nonimmigrant visa holders the legal right to work in the United States. It acts as to prospective companies that you have the required authorization to contribute your skills and competence to the American workforce.
Navigating the detailed landscape of U.S. immigration law can be daunting, particularly when it pertains to protecting employment authorization. Form I-766 plays a critical role in this process, allowing eligible individuals to pursue their career goals while their migration status is pending or under particular visa categories. In this extensive guide, we will explore the information of Form I-766, exploring its function, eligibility requirements, application procedure, and different scenarios where it ends up being vital.
Tabulation
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Make An Application 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 need a Work Authorization Document (EAD). U.S. residents and lawful permanent residents (permit holders) are immediately authorized to work and do not require to make an application for an EAD. Similarly, employment some nonimmigrant visas naturally approve work permission, such as H-1B visas for employment specialty professions.
However, if you fall under particular nonimmigrant categories or require unique approval 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 students whose visas do not automatically allow employment.
- Dependents or spouses of certain employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You might be wondering about the distinction between Form I-765 and Form I-766. In essence, they represent 2 sides of the very same coin. Form I-765 is the actual 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 demand, and Form I-766 as the granted permission.
How to Request Form I-766?
The application process for Form I-766 involves completing Form I-765 and offering supporting documents to show your eligibility. It's like assembling the pieces of a puzzle, guaranteeing you have all the essential parts to provide a total and persuading case.
The general requirements for looking for an EAD include:
- Two similar passport-style pictures. - A copy of your U.S. visa.
- A copy of your current EAD (if appropriate)
In addition to these general requirements, you'll need to submit particular proof based upon your visa category. For instance, 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 send 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 current location. USCIS provides a detailed list of direct filing addresses on its site. It's vital to send your application to the appropriate address to prevent hold-ups or potential rejection.
Cost of Form I-766
The filing cost 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, depending upon your eligibility category. It's vital to examine the USCIS website for the most updated cost information.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're officially authorized to work in the U.S. You can provide this card to potential employers as evidence of your work eligibility. Remember, it's important to renew your EAD before it expires to maintain your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, harmed, or consists of inaccurate info, you'll need to get a replacement. Similarly, if your EAD is expiring, you'll require to renew it to continue working legally. In both cases, you'll require to file a brand-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 need to request 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 recommended to wait till after you're wed and make an application for 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 usually intends 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 travel while your EAD application is pending, as it might complicate your migration process.
Final Words
Form I-766, the Employment Authorization Document, is a vital 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 inviting skilled individuals from around the globe and allowing them to contribute their talents to the American workforce. By understanding the eligibility requirements, application process, and prospective difficulties related to Form I-766, you can navigate this important action in your migration journey with confidence and clearness. Please speak with a migration lawyer for additional information.