Form I-766, Explained: your Employment Authorization Document (EAD) for Operating In The U.S.

Form I-766, Explained: Your Employment Authorization (EAD) for Working in the U.S.

Form I-766 is more typically referred to as the Employment Authorization Document (EAD) or employment 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 works as concrete evidence to potential employers that you have the essential authorization to contribute your skills and employment expertise to the American workforce.

Navigating the detailed landscape of U.S. immigration law can be daunting, specifically when it comes to protecting employment authorization. Form I-766 plays a pivotal role in this process, allowing qualified people to pursue their profession aspirations while their immigration status is pending or under specific visa classifications. In this extensive guide, we will dive into the information of Form I-766, exploring its function, eligibility requirements, application process, and different scenarios where it ends up being essential.

Tabulation

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 require an Employment Authorization Document (EAD). U.S. citizens and legal irreversible citizens (permit holders) are automatically licensed to work and do not require to get an EAD. Similarly, some nonimmigrant visas inherently give work permission, such as H-1B visas for specialized professions.

However, if you fall under specific nonimmigrant classifications or need unique permission to work, you needForm I-766 becomes your important tool. This consists of:

– 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 automatically permit employment.
– Dependents or spouses of specific 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 same coin. Form I-765 is the actual application you send to request employment permission, while Form I-766 is the physical EAD card you receive upon approval. Consider Form I-765 as the demand, and Form I-766 as the approved consent.

How to Apply for Form I-766?

The application procedure for Form I-766 involves finishing Form I-765 and supplying supporting documentation to show your eligibility. It resembles assembling the pieces of a puzzle, ensuring you have all the required parts to present a total and persuading case.

The general requirements for obtaining an EAD consist of:

– Two similar passport-style photographs.
– 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 example, if you’re using as a refugee, you’ll need to offer your last notice of eligibility for resettlement and your Form I-797. If you’re applying under Temporary Protected Status (TPS), you’ll need to send proof of your TPS approval.

Where to Submit Your Form I-765?

The filing address for Form I-765 depends on your eligibility category and your existing location. USCIS offers an in-depth list of direct filing addresses on its website. It’s vital to send your application to the correct address to avoid 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 might need to pay an $85 biometrics fee, depending upon your eligibility classification. It’s vital to inspect the USCIS site for the most current charge details.

After You Receive Your Form I-766

Congratulations! Once you get your Form I-766, you’re formally authorized to operate in the U.S. You can provide this card to possible companies as evidence of your work eligibility. Remember, it’s vital to restore your EAD before it ends to maintain your work permission.

Renewing or Replacing Your Form I-766

If your EAD is lost, stolen, harmed, employment or employment contains incorrect info, you’ll need to look for a replacement. Similarly, if your EAD is ending, you’ll require to renew it to continue working legally. 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 permit? 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 look for Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, but it’s recommended to wait till after you’re married and obtain an EAD, as K-1 visas usually expire within 90 days.
For how long is the processing time for Form I-765? Processing times can vary, but USCIS usually aims to process applications within a couple of months.
Can I travel 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 numerous nonimmigrants seeking to work legally in the United States. It’s a testament to the U.S.’s commitment to welcoming competent individuals from around the world and allowing them to contribute their talents to the American labor force. By understanding the eligibility requirements, application process, and potential challenges related to Form I-766, you can browse this essential step in your migration journey with self-confidence and clarity. Please consult a migration attorney for additional information.