Form I-766, Explained: your Employment Authorization Document (EAD) for Operating In The U.S.
Form I-766, employment Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more commonly known as the Employment Authorization Document (EAD) or work permit. It's a physical card released by U.S. Citizenship and Immigration Services (USCIS) that grants certain nonimmigrant visa holders the legal right to work in the United States. It serves as concrete evidence to prospective companies that you have the needed authorization to contribute your skills and know-how to the American labor employment force.
Navigating the elaborate landscape of U.S. immigration law can be complicated, especially when it pertains to protecting work permission. Form I-766 plays a pivotal function in this procedure, making it possible for qualified individuals to pursue their career aspirations while their migration status is pending or under particular visa classifications. In this comprehensive guide, we will delve into the information of Form I-766, exploring its purpose, eligibility requirements, application procedure, and numerous 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 an Employment Authorization Document (EAD). U.S. residents and legal long-term homeowners (green card holders) are automatically licensed to work and do not need to make an application for an EAD. Similarly, some nonimmigrant visas inherently give work permission, such as H-1B visas for specialty occupations.
However, if you fall under particular nonimmigrant categories or require special authorization to work, you needForm I-766 becomes your vital 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 enable employment.
- Dependents or spouses of specific employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You might be wondering about the difference in between Form I-765 and Form I-766. In essence, they represent two sides of the exact same coin. Form I-765 is the actual application you send to ask for employment authorization, while Form I-766 is the physical EAD card you receive upon approval. Think of Form I-765 as the request, and Form I-766 as the granted authorization.
How to Make An Application For Form I-766?
The application procedure for Form I-766 includes completing Form I-765 and supplying supporting documents to demonstrate your eligibility. It's like assembling the pieces of a puzzle, guaranteeing you have all the necessary parts to present a complete and persuading case.
The basic requirements for requesting an EAD include:
- Two similar . - A copy of your U.S. visa.
- A copy of your current EAD (if appropriate)
In addition to these general requirements, you'll require to submit particular evidence based upon your visa classification. For example, if you're applying as a refugee, you'll require to offer your final notification of eligibility for resettlement and your Form I-797. If you're using 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 present area. USCIS supplies a breakdown of direct filing addresses on its site. It's crucial to send your application to the correct address to prevent hold-ups or prospective 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 may need to pay an $85 biometrics cost, depending on your eligibility classification. It's essential to check the USCIS site for the most current charge info.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're officially authorized to work in the U.S. You can provide this card to possible employers as proof of your work eligibility. Remember, it's vital to restore your EAD before it expires to keep your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, damaged, or consists of inaccurate info, employment you'll require to use 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 file a brand-new Form I-765 and pay the needed costs.
Frequently Asked Questions
Do I need 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 require 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 work on a K-1 visa, but it's recommended to wait till after you're wed and get an EAD, as K-1 visas typically expire within 90 days. For how long is the processing time for Form I-765? Processing times can differ, but USCIS typically 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 immigration process.
Final Words
Form I-766, the Employment Authorization Document, is a crucial tool for many nonimmigrants looking for to work lawfully in the United States. It's a testament to the U.S.'s commitment to welcoming skilled people from all over the world and enabling them to contribute their talents to the American workforce. By understanding the eligibility requirements, application procedure, and employment prospective difficulties connected with Form I-766, you can browse this important step in your immigration journey with self-confidence and clarity. Please speak with a migration lawyer for more details.