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 serves as concrete proof to possible employers that you have the needed authorization to contribute your abilities and knowledge to the American labor force.
Navigating the detailed landscape of U.S. migration law can be daunting, especially when it comes to protecting employment permission. Form I-766 plays a pivotal role in this process, allowing eligible individuals to pursue their career goals while their migration status is pending or under specific visa classifications. In this extensive guide, we will explore the details of Form I-766, employment exploring its purpose, eligibility requirements, application procedure, employment and numerous scenarios where it ends up being important.
Tabulation
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Request 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 permanent homeowners (green card holders) are instantly authorized to work and do not require to get an EAD. Similarly, some nonimmigrant visas naturally give work authorization, such as H-1B visas for specialized professions.
However, if you fall under particular nonimmigrant categories or require special authorization to work, you needForm I-766 becomes your necessary 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 students whose visas don't immediately 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 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 real application you send to request work authorization, 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 granted approval.
How to Make An Application For Form I-766?
The application process for Form I-766 involves finishing Form I-765 and supplying supporting paperwork to demonstrate your eligibility. It's like assembling the pieces of a puzzle, ensuring you have all the needed parts to provide a total and convincing case.
The general requirements for getting an EAD consist of:
- Two similar passport-style photos.
- A copy of your U.S. visa.
- A copy of your current EAD (if applicable)
In addition to these general requirements, you'll require to submit specific proof based on your visa classification. For instance, if you're applying as a refugee, you'll need to provide 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 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 present place. USCIS provides a breakdown of direct filing addresses on its site. It's essential to send your application to the proper address to avoid delays or prospective rejection.
Cost of Form I-766
The filing charge 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, employment depending upon your eligibility classification. It's important to examine the USCIS site for the most updated fee info.
After You Receive Your Form I-766
Congratulations! Once you receive your Form I-766, you're formally licensed to work in the U.S. You can provide this card to potential companies as proof of your work eligibility. Remember, it's essential to renew your EAD before it expires to preserve your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, harmed, or contains incorrect information, you'll need to make an application for 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 submit a new Form I-765 and pay the needed costs.
Frequently Asked Questions
Do I need an EAD if I'm changing my status to a green card? Yes, if you have a pending Form I-485 (Adjustment of Status), you'll require to look for an EAD to work while your application is being processed.
Can I obtain Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, but it's a good idea to wait up until after you're wed and request an EAD, as K-1 visas generally expire within 90 days.
For how long is the processing time for Form I-765? Processing times can differ, but USCIS generally aims to process applications within a couple of months.
Can I travel outside the U.S. while my EAD is pending? It's not recommended 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 many 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 all over the world and permitting them to contribute their talents to the American workforce. By understanding the eligibility requirements, application procedure, and potential obstacles connected with Form I-766, you can browse this essential step in your immigration journey with self-confidence and clearness. Please seek advice from an immigration lawyer for more details.
