Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more commonly referred to as the Employment Authorization Document (EAD) or work permit. It's a physical card provided by U.S. Citizenship and Immigration Services (USCIS) that grants particular nonimmigrant visa holders the legal right to work in the United States. It works as tangible evidence to prospective companies that you have the required permission to contribute your skills and know-how to the American workforce.
Navigating the elaborate landscape of U.S. migration law can be overwhelming, especially when it pertains to protecting employment authorization. Form I-766 plays an essential role in this process, enabling qualified individuals to pursue their profession aspirations while their immigration status is pending or under specific visa classifications. In this thorough guide, we will dive into the information of Form I-766, exploring its function, eligibility requirements, application procedure, and numerous situations where it ends up being vital.
Table of Contents
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 a Work Authorization Document (EAD). U.S. people and lawful long-term locals (permit holders) are automatically authorized to work and do not require to request an EAD. Similarly, some nonimmigrant visas inherently grant work permission, such as H-1B visas for specialty occupations.
However, if you fall under particular nonimmigrant classifications or require special authorization to work, you needForm I-766 becomes your essential 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 trainees whose visas don't automatically enable work.
- Dependents or partners of certain employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You may be wondering about the difference in between Form I-765 and Form I-766. In essence, they represent 2 sides of the same coin. Form I-765 is the actual application you submit to ask for employment permission, trade-britanica.trade while Form I-766 is the physical EAD card you get upon approval. Think of Form I-765 as the demand, and Form I-766 as the approved permission.
How to Obtain Form I-766?
The application process for Form I-766 includes finishing Form I-765 and providing supporting documentation to show your eligibility. It's like assembling the pieces of a puzzle, guaranteeing you have all the required elements to provide a complete and persuading case.
The general requirements for looking for an EAD consist of:
- Two similar passport-style photographs. - A copy of your U.S. visa.
- A copy of your existing EAD (if appropriate)
In addition to these basic requirements, you'll require to submit particular evidence based upon your visa classification. For example, if you're using as a refugee, you'll require to supply your last notice of eligibility for resettlement and your Form I-797. If you're using under Temporary Protected Status (TPS), you'll need to submit evidence 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 area. USCIS provides a breakdown of direct filing addresses on its website. It's crucial to send your application to the correct address to avoid delays or prospective 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 may require to pay an $85 biometrics fee, depending on your eligibility category. It's necessary to inspect the USCIS site for the most up-to-date fee info.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're formally licensed to work 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 keep your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, stolen, damaged, or consists of inaccurate details, you'll require to make an application 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 brand-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 processed. Can I use for Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, but it's a good idea to wait till after you're wed and request an EAD, utahsyardsale.com as K-1 visas typically expire within 90 days. The length of time is the processing time for Form I-765? Processing times can differ, however USCIS usually aims to process applications within a few months. Can I take a trip 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 migration process.
Final Words
Form I-766, the Employment Authorization Document, is an important tool for lots of nonimmigrants looking for to work legally in the United States. It's a testament to the U.S. to welcoming proficient individuals from worldwide and enabling them to contribute their skills to the American labor force. By understanding the eligibility requirements, application procedure, and possible challenges related to Form I-766, you can navigate this essential action in your migration journey with confidence and clearness. Please seek advice from a migration lawyer for additional information.