Form I-766, Explained: Your Employment Authorization Document (EAD) for Operating In the U.S.
Form I-766 is more frequently referred to 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 certain nonimmigrant visa holders the legal right to work in the United States. It acts as concrete proof to prospective employers that you have the required permission to contribute your skills and knowledge to the American labor force.
Navigating the elaborate landscape of U.S. immigration law can be difficult, specifically when it concerns protecting employment permission. Form I-766 plays a critical function in this procedure, making it possible for employment eligible individuals to pursue their profession goals while their immigration status is pending or under specific visa categories. In this extensive guide, we will delve into the details of Form I-766, exploring its purpose, eligibility requirements, application process, and various situations where it becomes vital.
Tabulation
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Make An Application 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 require an Employment Authorization Document (EAD). U.S. citizens and legal permanent locals (permit holders) are automatically authorized to work and do not require to make an application for an EAD. Similarly, some nonimmigrant visas inherently approve work permission, such as H-1B visas for specialized occupations.
However, if you fall under specific nonimmigrant classifications or need special permission to work, you needForm I-766 becomes your necessary tool. This consists of:
- Individuals qualified 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 do not automatically permit employment.
- Dependents or spouses 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 two sides of the same coin. Form I-765 is the real application you send to request work permission, 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 consent.
How to Apply for Form I-766?
The application process for Form I-766 involves finishing Form I-765 and supplying supporting documentation to demonstrate your eligibility. It resembles assembling the pieces of a puzzle, ensuring you have all the needed parts to provide a total and convincing case.
The general requirements for obtaining an EAD include:
- Two similar passport-style photographs.
- A copy of your U.S. visa.
- A copy of your present EAD (if relevant)
In addition to these basic requirements, you'll require to submit specific proof based upon your visa classification. For employment instance, if you're applying as a refugee, you'll need to offer 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 upon your eligibility category and your present place. USCIS supplies an in-depth list of direct filing addresses on its website. It's essential to send your application to the appropriate address to avoid delays or possible rejection.
Cost of Form I-766
The filing cost for Form I-765, which leads to the issuance of Form I-766 (EAD), is $410. Additionally, you may need to pay an $85 biometrics fee, depending on your eligibility classification. It's important to check the USCIS site for the most up-to-date fee details.
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 provide this card to prospective employers as proof of your work eligibility. Remember, it's crucial to restore 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 includes incorrect details, you'll need to request a replacement. Similarly, if your EAD is expiring, you'll need to restore it to continue working lawfully. In both cases, you'll need to submit a brand-new Form I-765 and pay the required costs.
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 make an application for an EAD to work while your application is being processed.
Can I apply for Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, but it's suggested to wait until after you're wed and obtain an EAD, as K-1 visas typically end within 90 days.
How long is the processing time for Form I-765? Processing times can vary, but USCIS normally aims to process applications within a few months.
Can I travel outside the U.S. while my EAD is pending? It's not suggested 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 an essential tool for lots of nonimmigrants looking for to work legally in the United States. It's a testimony to the U.S.'s dedication to inviting competent individuals from all over the world and allowing them to contribute their talents to the American workforce. By comprehending the eligibility requirements, application procedure, and potential obstacles associated with Form I-766, you can browse this important action in your migration journey with confidence and clearness. Please consult an immigration lawyer for more details.
