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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 commonly called the Employment Authorization Document (EAD) or work allow. 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 serves as concrete proof to possible companies that you have the required authorization to contribute your abilities and know-how to the American labor force.

Navigating the complex landscape of U.S. migration law can be difficult, especially when it pertains to protecting employment permission. Form I-766 plays an essential function in this procedure, making it possible for eligible individuals to pursue their career aspirations while their immigration status is pending or under particular visa categories. In this extensive guide, we will look into the information of Form I-766, exploring its function, eligibility requirements, application procedure, and different scenarios 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 Get 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 a Work Authorization Document (EAD). U.S. people and legal irreversible homeowners (green card holders) are instantly licensed to work and do not require to make an application for an EAD. Similarly, some nonimmigrant visas naturally give work permission, such as H-1B visas for specialized occupations.

However, if you fall under particular nonimmigrant categories or require unique authorization 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 employment M-1 students whose visas do not instantly permit work.
– Dependents or spouses of particular employment-based nonimmigrant visa holders

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

You may be questioning the distinction between Form I-765 and Form I-766. In essence, they represent 2 sides of the same coin. Form I-765 is the real application you send to ask for work authorization, 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 consent.

How to Look For Form I-766?

The application process for Form I-766 involves completing Form I-765 and supplying supporting documentation to demonstrate your eligibility. It resembles putting together the pieces of a puzzle, ensuring you have all the required components to provide a total and convincing case.

The general requirements for employment getting an EAD include:

– Two similar passport-style photos.
– A copy of your U.S. visa.
– A copy of your current EAD (if applicable)

In addition to these basic requirements, you’ll need to submit specific evidence based on your visa category. For example, if you’re using as a refugee, you’ll require to supply 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 submit evidence 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 location. USCIS supplies a breakdown of direct filing addresses on its website. It’s crucial to send your application to the right address to prevent delays or possible 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 might require to pay an $85 biometrics charge, depending upon your eligibility category. It’s important to examine the USCIS website for the most up-to-date charge info.

After You Receive Your Form I-766

Congratulations! Once you get your Form I-766, employment you’re formally authorized to work in the U.S. You can provide this card to potential employers as proof of your work eligibility. Remember, it’s vital to restore 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 details, you’ll require to look for a replacement. Similarly, if your EAD is ending, employment you’ll need to restore it to continue working legally. In both cases, you’ll require to submit a new Form I-765 and pay the needed 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 need to request an EAD to work while your 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, however it’s advisable to wait until after you’re married and obtain an EAD, as K-1 visas typically end within 90 days.
The length of time is the processing time for Form I-765? Processing times can differ, but USCIS typically intends to process applications within a few months.
Can I travel outside the U.S. while my EAD is pending? It’s not recommended to take a trip while your EAD application is pending, as it might complicate your immigration procedure.

Final Words

Form I-766, the Employment Authorization Document, is a crucial tool for numerous nonimmigrants looking for to work lawfully in the United States. It’s a testament to the U.S.’s commitment to inviting competent individuals from all over the world and allowing them to contribute their skills to the American workforce. By comprehending the eligibility requirements, application process, and possible difficulties connected with Form I-766, you can navigate this vital step in your migration journey with confidence and clearness. Please seek advice from an immigration attorney to find out more.