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

Form I-766 is more commonly understood as the Employment Authorization Document (EAD) or work allow. It’s a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants certain nonimmigrant visa holders the legal right to operate in the United States. It works as tangible evidence to potential companies that you have the needed permission to contribute your abilities and proficiency to the American labor force.

Navigating the intricate landscape of U.S. migration law can be daunting, particularly when it concerns securing employment authorization. Form I-766 plays a critical role in this process, enabling eligible people to pursue their profession aspirations while their migration status is pending or under specific visa classifications. In this thorough guide, we will look into the details of Form I-766, exploring its purpose, eligibility requirements, application procedure, and various scenarios 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 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 need a Work Authorization Document (EAD). U.S. citizens and legal irreversible locals (green card holders) are immediately licensed to work and do not need to apply for an EAD. Similarly, some nonimmigrant visas naturally give work authorization, employment such as H-1B visas for specialized professions.

However, if you fall under specific nonimmigrant categories or need unique approval to work, you needForm I-766 becomes your necessary tool. This includes:

– 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 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 might be questioning 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 send to request employment permission, while Form I-766 is the physical EAD card you get upon approval. Consider Form I-765 as the request, and Form I-766 as the granted authorization.

How to Request Form I-766?

The application process for Form I-766 involves finishing Form I-765 and offering supporting documentation to demonstrate your eligibility. It’s like putting together the pieces of a puzzle, guaranteeing you have all the necessary parts to present a complete and persuading case.

The basic requirements for looking for an EAD include:

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

In addition to these basic requirements, you’ll need to submit particular evidence based upon your visa category. For example, if you’re applying 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 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 existing location. USCIS supplies a breakdown of direct filing addresses on its site. It’s vital to send your application to the appropriate address to avoid hold-ups or possible rejection.

Cost of Form I-766

The filing charge for Form I-765, which causes the issuance of Form I-766 (EAD), employment is $410. Additionally, you might require to pay an $85 biometrics fee, depending upon your eligibility category. It’s necessary to inspect the USCIS website for the most updated charge info.

After You Receive Your Form I-766

Congratulations! Once you get your Form I-766, you’re formally authorized to operate in the U.S. You can provide this card to prospective companies as proof of your work eligibility. Remember, it’s vital to renew your EAD before it ends to preserve your work permission.

Renewing or Replacing Your Form I-766

If your EAD is lost, taken, harmed, or contains inaccurate details, 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 needed fees.

Frequently Asked Questions

Do I need 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 make an application for an EAD to work while your application is being processed. Can I make an application for Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, however it’s suggested to wait up until after you’re married and look for an EAD, as K-1 visas normally end within 90 days. For how long is the processing time for Form I-765? times can vary, but USCIS generally aims to process applications within a few 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, employment as it might 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.’s dedication to welcoming proficient people from around the world and allowing them to contribute their skills to the American workforce. By comprehending the eligibility requirements, application process, and possible challenges connected with Form I-766, you can navigate this important action in your immigration journey with confidence and clarity. Please speak with an immigration attorney for more info.