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 typically known as the Employment Authorization Document (EAD) or work allow. It’s a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants certain nonimmigrant visa holders the legal right to operate in the United States. It serves as tangible proof to prospective employers that you have the essential permission to contribute your abilities and competence to the American labor force.

Navigating the intricate landscape of U.S. immigration law can be overwhelming, specifically when it comes to securing work permission. Form I-766 plays an essential function in this process, allowing eligible people to pursue their profession goals while their immigration status is pending or under specific visa categories. In this thorough guide, we will dig into the information of Form I-766, exploring its purpose, eligibility requirements, application procedure, and numerous circumstances where it becomes indispensable.

Table of Contents

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 an Document (EAD). U.S. people and employment lawful permanent citizens (permit holders) are automatically authorized to work and do not need to look for an EAD. Similarly, some nonimmigrant visas inherently grant work permission, such as H-1B visas for specialized professions.

However, if you fall under specific nonimmigrant classifications or require special authorization to work, you needForm I-766 becomes your essential tool. This includes:

– 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 allow 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 distinction in 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 submit to request work authorization, while Form I-766 is the physical EAD card you get upon approval. Think About Form I-765 as the request, and Form I-766 as the granted permission.

How to Get Form I-766?

The application procedure for employment Form I-766 includes finishing Form I-765 and supplying supporting documents to show your eligibility. It resembles assembling the pieces of a puzzle, ensuring you have all the needed elements to provide a total and persuading case.

The general 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 existing EAD (if relevant)

In addition to these basic requirements, you’ll require to send specific proof based upon your visa category. For instance, if you’re applying as a refugee, you’ll require to supply your last notification of eligibility for resettlement and employment your Form I-797. If you’re applying under Temporary Protected Status (TPS), you’ll require to submit 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 current place. USCIS supplies an in-depth list of direct filing addresses on its website. It’s essential to send your application to the correct address to prevent delays or potential rejection.

Cost of Form I-766

The filing cost for Form I-765, which results in the issuance of Form I-766 (EAD), is $410. Additionally, you might require to pay an $85 biometrics cost, depending on your eligibility classification. It’s vital to check the USCIS website for the most updated charge 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 prospective employers as evidence of your work eligibility. Remember, it’s important to restore your EAD before it ends to preserve your work authorization.

Renewing or Replacing Your Form I-766

If your EAD is lost, stolen, employment harmed, or consists of incorrect details, you’ll need to look for a replacement. Similarly, if your EAD is expiring, you’ll require to restore it to continue working lawfully. In both cases, you’ll require to file a new Form I-765 and employment pay the needed charges.

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 use 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 suggested to wait until after you’re wed and make an application for an EAD, employment as K-1 visas usually end within 90 days.
The length of time is the processing time for Form I-765? Processing times can differ, 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 recommended to travel while your EAD application is pending, as it could complicate your migration procedure.

Final Words

Form I-766, the Employment Authorization Document, is a vital tool for lots of nonimmigrants looking for employment to work legally in the United States. It’s a testimony to the U.S.’s dedication to inviting experienced people from worldwide and allowing them to contribute their skills to the American labor force. By comprehending the eligibility requirements, application process, and potential difficulties related to Form I-766, you can navigate this important action in your migration journey with self-confidence and clearness. Please seek advice from an immigration lawyer for additional information.