Form I-766, Explained: your Employment Authorization Document (EAD) for Working 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 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 particular nonimmigrant visa holders the legal right to work in the United States. It functions as concrete evidence to potential companies that you have the needed permission to contribute your abilities and competence to the American labor force.

Navigating the intricate landscape of U.S. immigration law can be complicated, particularly when it comes to protecting employment permission. Form I-766 plays a critical role in this process, making it possible for qualified people to pursue their profession aspirations while their immigration status is pending or under specific visa . In this comprehensive guide, we will look into the information of Form I-766, exploring its purpose, eligibility requirements, employment application process, and different circumstances 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 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 need a Work Authorization Document (EAD). U.S. citizens and lawful long-term citizens (permit holders) are automatically licensed to work and do not need to obtain an EAD. Similarly, some nonimmigrant visas inherently approve work authorization, such as H-1B visas for specialty professions.

However, if you fall under specific nonimmigrant categories or require unique authorization to work, you needForm I-766 becomes your essential tool. This consists of:

– 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 permit work.
– Dependents or partners of particular employment-based nonimmigrant visa holders

Form I-765 vs. Form I-766: What’s the Difference?

You may be questioning the difference 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 submit to ask for work authorization, employment while Form I-766 is the physical EAD card you receive upon approval. Consider Form I-765 as the request, and Form I-766 as the approved approval.

How to Obtain Form I-766?

The application process for Form I-766 includes completing Form I-765 and supplying supporting paperwork to show your eligibility. It’s like putting together the pieces of a puzzle, ensuring you have all the needed components to present a complete and persuading case.

The basic requirements for making an application for an EAD include:

– Two identical passport-style photos.
– A copy of your U.S. visa.
– A copy of your present EAD (if suitable)

In addition to these general requirements, you’ll require to submit specific evidence based on your visa category. For employment example, if you’re using as a refugee, you’ll require to supply your final notice of eligibility for resettlement and your Form I-797. If you’re applying under Temporary Protected Status (TPS), 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 upon your eligibility category and your current area. USCIS offers a breakdown of direct filing addresses on its site. It’s important to send your application to the proper address to avoid hold-ups or possible 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 on your eligibility category. It’s necessary to check the USCIS website for the most current fee information.

After You Receive Your Form I-766

Congratulations! Once you receive your Form I-766, you’re officially licensed to operate in the U.S. You can present this card to possible employers as proof of your work eligibility. Remember, it’s crucial to renew your EAD before it ends to preserve your work authorization.

Renewing or Replacing Your Form I-766

If your EAD is lost, taken, harmed, or consists of incorrect information, you’ll require to apply for a replacement. Similarly, if your EAD is ending, employment you’ll require to restore it to continue working lawfully. In both cases, you’ll require to submit 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 need to look 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, but it’s advisable to wait till after you’re wed and look for an EAD, as K-1 visas normally expire within 90 days.
The length of time is the processing time for Form I-765? Processing times can differ, however USCIS normally 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 might complicate your migration process.

Final Words

Form I-766, the Employment Authorization Document, is an important tool for employment lots of 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 enabling them to contribute their skills to the American labor force. By understanding the eligibility requirements, application process, and prospective challenges associated with Form I-766, you can navigate this vital action in your migration journey with self-confidence and clarity. Please speak with a migration lawyer to find out more.