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 commonly understood as the Employment Authorization Document (EAD) or work permit. 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 serves as tangible evidence to possible companies that you have the necessary authorization to contribute your skills and proficiency to the American labor force.
Navigating the complex landscape of U.S. migration law can be complicated, especially when it pertains to protecting employment permission. Form I-766 plays an essential function in this procedure, making it possible for qualified individuals to pursue their career goals while their migration status is pending or under particular visa classifications. In this thorough guide, we will delve into the information of Form I-766, exploring its purpose, eligibility requirements, employment application procedure, and different circumstances 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 Get 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. citizens and legal long-term homeowners (green card holders) are automatically licensed to work and do not require to request an EAD. Similarly, some nonimmigrant visas inherently give work authorization, such as H-1B visas for specialized professions.
However, if you fall under particular nonimmigrant categories or need unique authorization to work, you needForm I-766 becomes your essential tool. This includes:
- Individuals eligible for Deferred Action for Childhood Arrivals (DACA).
- Refugees and employment 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 instantly allow employment.
- 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 distinction in 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 work permission, 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 approved authorization.
How to Request Form I-766?
The application procedure for Form I-766 involves completing Form I-765 and employment supplying supporting paperwork to show your eligibility. It's like assembling the pieces of a puzzle, guaranteeing you have all the needed parts to provide a complete and employment convincing case.
The basic requirements for obtaining an EAD include:
- Two similar . - 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 proof based upon your visa classification. For example, if you're using as a refugee, you'll require to offer your last notification of eligibility for resettlement and your Form I-797. If you're applying under Temporary Protected Status (TPS), you'll require to send proof of your TPS approval.
Where to Submit Your Form I-765?
The filing address for Form I-765 depends upon your eligibility category and your current area. USCIS provides an in-depth list of direct filing addresses on its site. It's important to send your application to the correct address to avoid delays 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 may require to pay an $85 biometrics fee, depending on your eligibility category. It's vital to check the USCIS site for the most up-to-date cost information.
After You Receive Your Form I-766
Congratulations! Once you receive your Form I-766, you're officially licensed to work in the U.S. You can present this card to prospective companies as proof of your work eligibility. Remember, it's essential to restore your EAD before it ends to preserve your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, harmed, employment or consists of incorrect details, you'll need to get a replacement. Similarly, if your EAD is expiring, you'll require to restore it to continue working legally. In both cases, you'll require to file a brand-new Form I-765 and pay the required costs.
Frequently Asked Questions
Do I require 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 make an application 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, but it's suggested to wait till after you're married and request an EAD, as K-1 visas typically end within 90 days. How long is the processing time for Form I-765? Processing times can vary, but USCIS typically 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 could complicate your immigration procedure.
Final Words
Form I-766, the Employment Authorization Document, is an important tool for numerous nonimmigrants looking for to work lawfully in the United States. It's a testament to the U.S.'s commitment to inviting knowledgeable people from around the world and permitting them to contribute their talents to the American labor force. By understanding the eligibility requirements, application procedure, and prospective obstacles associated with Form I-766, employment you can browse this vital action in your immigration journey with confidence and clarity. Please consult an immigration attorney to find out more.