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 understood 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 operate in the United States. It acts as concrete evidence to possible companies that you have the necessary permission to contribute your skills and proficiency to the American labor force.

Navigating the elaborate landscape of U.S. immigration law can be complicated, particularly when it pertains to protecting work authorization. Form I-766 plays an essential function in this process, enabling eligible people to pursue their profession aspirations while their migration status is pending or under particular visa classifications. In this detailed guide, we will explore the information of Form I-766, exploring its purpose, eligibility requirements, application procedure, and various situations where it becomes essential.

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 employment Replacing Your Form I-766

Frequently Asked Questions

Final Words

Who Needs Form I-766?

Not all nonimmigrant visa holders require a Work Authorization Document (EAD). U.S. residents and lawful long-term locals (green card holders) are automatically licensed to work and do not require to get an EAD. Similarly, some nonimmigrant visas naturally grant work authorization, such as H-1B visas for specialty occupations.

However, if you fall under particular nonimmigrant classifications or need unique consent to work, employment you needForm I-766 becomes your vital tool. This includes:

– Individuals qualified for Deferred Action for Childhood Arrivals (DACA).
– Refugees and Asylees.
– Individuals with status.
– Applicants with pending Form I-485 (Adjustment of Status) applications.
– F-1 or M-1 students whose visas don’t immediately allow work.
– Dependents or partners of particular employment-based nonimmigrant visa holders

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

You might be questioning the distinction between Form I-765 and Form I-766. In essence, they represent two sides of the exact same coin. Form I-765 is the real application you send to ask for employment authorization, while Form I-766 is the physical EAD card you get upon approval. Think of Form I-765 as the request, and Form I-766 as the given permission.

How to Obtain Form I-766?

The application procedure for Form I-766 includes finishing Form I-765 and supplying supporting documentation to show your eligibility. It’s like putting together the pieces of a puzzle, ensuring you have all the essential components to present a total and convincing case.

The general requirements for requesting an EAD consist of:

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

In addition to these basic requirements, you’ll require to send specific evidence based on your visa classification. For instance, if you’re using as a refugee, you’ll require to offer your final notification of eligibility for resettlement and your Form I-797. If you’re applying under Temporary Protected Status (TPS), you’ll need to send evidence of your TPS approval.

Where to Submit Your Form I-765?

The filing address for Form I-765 depends on your eligibility classification and your current location. USCIS provides a breakdown of direct filing addresses on its website. It’s vital to send your application to the correct address to avoid hold-ups or potential rejection.

Cost of Form I-766

The filing charge for employment Form I-765, which results in the issuance of Form I-766 (EAD), is $410. Additionally, you may require to pay an $85 biometrics fee, depending upon your eligibility classification. It’s necessary to check the USCIS website for the most up-to-date fee info.

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 potential employers as evidence of your work eligibility. Remember, it’s important to restore your EAD before it expires to preserve your work authorization.

Renewing or Replacing Your Form I-766

If your EAD is lost, stolen, employment harmed, or consists of incorrect info, you’ll require to request 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 brand-new Form I-765 and pay the required costs.

Frequently Asked Questions

Do I require 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 get an EAD to work while your application is being processed.
Can I look for employment Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, however it’s advisable to wait up until after you’re married and use for an EAD, as K-1 visas normally expire within 90 days.
For how long is the processing time for Form I-765? Processing times can vary, however USCIS usually intends to process applications within a couple of months.
Can I travel outside the U.S. while my EAD is pending? It’s not advised to travel while your EAD application is pending, as it could complicate your immigration process.

Final Words

Form I-766, the Employment Authorization Document, employment is an important tool for many nonimmigrants looking for to work legally in the United States. It’s a testimony to the U.S.‘s dedication to welcoming experienced individuals from around the world and enabling them to contribute their skills to the American workforce. By comprehending the eligibility requirements, application procedure, and prospective challenges associated with Form I-766, you can navigate this essential step in your immigration journey with confidence and clarity. Please speak with a migration lawyer for more details.