Form I-766, Explained: Your Employment Authorization Document (EAD) for Operating In the U.S.
Form I-766 is more commonly referred to 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 specific nonimmigrant visa holders the legal right to operate in the United States. It acts as tangible proof to possible employers that you have the necessary authorization to contribute your abilities and expertise to the American labor force.
Navigating the detailed landscape of U.S. immigration law can be overwhelming, specifically when it comes to securing work authorization. Form I-766 plays an essential role in this process, allowing qualified people to pursue their career aspirations while their immigration status is pending or under particular visa classifications. In this extensive guide, we will delve into the details of Form I-766, exploring its function, eligibility requirements, application process, employment and numerous situations where it ends up being indispensable.
Tabulation
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Obtain 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 permanent residents (permit holders) are automatically authorized to work and do not require to use for an EAD. Similarly, some nonimmigrant visas inherently grant work authorization, such as H-1B visas for specialized professions.
However, if you fall under particular nonimmigrant categories or require special approval to work, employment 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 immediately enable work.
- Dependents or partners of certain employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You might be questioning the difference between Form I-765 and Form I-766. In essence, they represent 2 sides of the very same coin. Form I-765 is the actual application you submit to ask for 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 Get Form I-766?
The application process for Form I-766 involves finishing Form I-765 and providing supporting paperwork to show your eligibility. It resembles putting together the pieces of a puzzle, guaranteeing you have all the necessary components to provide a complete and convincing 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 particular proof based on your visa classification. For instance, if you're using as a refugee, you'll need to provide your last notification of eligibility for resettlement and your Form I-797. If you're using 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 classification and employment your existing location. 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 potential rejection.
Cost of Form I-766
The filing cost for Form I-765, which leads to the issuance of Form I-766 (EAD), employment is $410. Additionally, you may need to pay an $85 biometrics charge, depending upon your eligibility category. It's important to examine the USCIS website for the most up-to-date 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 renew your EAD before it expires to preserve your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, stolen, damaged, or consists of incorrect information, you'll need to apply for a replacement. Similarly, if your EAD is expiring, you'll require to renew it to continue working lawfully. In both cases, you'll need to file a new Form I-765 and pay the required charges.
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 require to apply for an EAD to work while your application is being . 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 up until after you're married and get an EAD, as K-1 visas generally end within 90 days. How long is the processing time for Form I-765? Processing times can vary, but USCIS generally aims to process applications within a few 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 might complicate your migration procedure.
Final Words
Form I-766, the Employment Authorization Document, is a crucial tool for numerous nonimmigrants looking for to work legally in the United States. It's a testimony to the U.S.'s commitment to welcoming experienced people from around the world and allowing them to contribute their skills to the American labor force. By understanding the eligibility requirements, application procedure, and possible difficulties related to Form I-766, you can browse this important action in your migration journey with self-confidence and clearness. Please seek advice from an immigration attorney for more details.