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Form I-766, Explained: your Employment Authorization Document (EAD) for Working in The U.S.

Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.

Form I-766 is more typically called the Employment Authorization Document (EAD) or work permit. It’s a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to work in the United States. It works as tangible proof to prospective companies that you have the required authorization to contribute your abilities and competence to the American labor force.

Navigating the detailed landscape of U.S. immigration law can be complicated, particularly when it comes to protecting work authorization. Form I-766 plays a critical role in this process, allowing 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 details of Form I-766, exploring its purpose, eligibility requirements, application procedure, and different circumstances where it becomes indispensable.

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 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 legal permanent residents (permit holders) are immediately licensed to work and employment do not require to request an EAD. Similarly, some nonimmigrant visas naturally grant work permission, such as H-1B visas for specialty professions.

However, if you fall under particular nonimmigrant classifications or require unique permission to work, you needForm I-766 becomes your necessary 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 instantly permit 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 questioning the difference in 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 send to ask for work authorization, while Form I-766 is the physical EAD card you receive upon approval. Consider Form I-765 as the demand, and Form I-766 as the granted consent.

How to Obtain Form I-766?

The application procedure for Form I-766 involves finishing Form I-765 and supplying supporting documents to demonstrate your eligibility. It resembles putting together the pieces of a puzzle, ensuring you have all the needed elements to provide a total and persuading case.

The basic requirements for requesting an EAD include:

– Two similar passport-style pictures.
– A copy of your U.S. visa.
– A copy of your present EAD (if suitable)

In addition to these general requirements, employment you’ll require to send particular evidence based on your visa category. For example, if you’re using as a refugee, employment you’ll need to supply your last notification of eligibility for resettlement and your Form I-797. If you’re applying 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 present location. USCIS offers an in-depth list of direct filing addresses on its site. It’s vital to send your application to the proper address to prevent delays 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), is $410. Additionally, you may need to pay an $85 biometrics cost, depending upon your eligibility classification. It’s vital to examine the USCIS site for the most updated charge info.

After You Receive Your Form I-766

Congratulations! Once you get your Form I-766, employment you’re to work in the U.S. You can present this card to possible employers as proof of your work eligibility. Remember, it’s important to renew your EAD before it ends to keep your work permission.

Renewing or Replacing Your Form I-766

If your EAD is lost, stolen, damaged, or contains incorrect information, you’ll need to obtain a replacement. Similarly, if your EAD is ending, you’ll require to restore it to continue working legally. In both cases, you’ll require to submit a new Form I-765 and pay the needed costs.

Frequently Asked Questions

Do I require an EAD if I’m changing my status to a permit? 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 request Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, but it’s recommended to wait until after you’re wed and make an application for an EAD, as K-1 visas typically end within 90 days.
How long is the processing time for Form I-765? Processing times can differ, but USCIS usually aims 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 take a trip while your EAD application is pending, as it could complicate your migration procedure.

Final Words

Form I-766, the Employment Authorization Document, is an essential tool for many nonimmigrants seeking to work legally in the United States. It’s a testament to the U.S.’s dedication to inviting skilled people from around the globe and allowing them to contribute their talents to the American labor force. By comprehending the eligibility requirements, application process, employment and potential obstacles connected with Form I-766, you can browse this vital action in your migration journey with self-confidence and clearness. Please consult an immigration lawyer to find out more.