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 frequently known 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 operate in the United States. It serves as tangible proof to potential employers that you have the required authorization to contribute your skills and knowledge to the American labor force.

Navigating the detailed landscape of U.S. migration law can be complicated, specifically when it concerns securing work authorization. Form I-766 plays an essential role in this process, making it possible for eligible individuals to pursue their career aspirations while their immigration status is pending or under particular visa categories. In this comprehensive guide, we will look into the details of Form I-766, employment exploring its purpose, eligibility requirements, application process, and numerous circumstances where it becomes important.

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 legal long-term residents (green card holders) are automatically licensed to work and do not need to request an EAD. Similarly, employment some nonimmigrant visas inherently approve work permission, such as H-1B visas for specialty professions.

However, if you fall under specific nonimmigrant categories or need special authorization 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 employment M-1 trainees whose visas don’t instantly allow work.
– 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 about the distinction in between Form I-765 and Form I-766. In essence, they represent two sides of the exact same coin. Form I-765 is the actual application you send to request employment 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 permission.

How to Apply for Form I-766?

The application procedure for Form I-766 involves completing Form I-765 and providing supporting documents to show your eligibility. It’s like assembling the pieces of a puzzle, guaranteeing you have all the necessary elements to present a complete and persuading case.

The basic requirements for obtaining an EAD consist of:

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

In addition to these basic requirements, you’ll require to send particular evidence based upon your visa category. For instance, if you’re applying as a refugee, you’ll require to provide your final notice of eligibility for resettlement and your Form I-797. If you’re using under Temporary Protected Status (TPS), you’ll need to send evidence of your TPS approval.

Where to Submit Your Form I-765?

The filing address for Form I-765 depends on your eligibility classification and your existing area. USCIS offers a breakdown of direct filing addresses on its site. It’s vital to send your application to the proper address to avoid delays or prospective rejection.

Cost of Form I-766

The filing charge 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 upon your eligibility classification. It’s important to check the USCIS website for employment the most up-to-date cost information.

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 present this card to possible employers as evidence of your work eligibility. Remember, it’s important to renew your EAD before it expires to keep your work authorization.

Renewing or Replacing Your Form I-766

If your EAD is lost, taken, harmed, or includes incorrect details, you’ll require to get a replacement. Similarly, if your EAD is ending, employment you’ll require to renew it to continue working lawfully. In both cases, you’ll require to file a new Form I-765 and pay the needed charges.

Frequently Asked Questions

Do I require an EAD if I’m adjusting my status to a green card? Yes, if you have a pending Form I-485 (Adjustment of Status), you’ll require to get 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, however it’s suggested to wait up until after you’re wed and request an EAD, as K-1 visas normally end within 90 days.
The length of time is the processing time for Form I-765? Processing times can vary, however USCIS normally intends 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 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 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 welcoming proficient people from worldwide and allowing them to contribute their skills to the American workforce. By comprehending the eligibility requirements, application procedure, and employment possible obstacles associated with Form I-766, you can navigate this crucial action in your immigration journey with self-confidence and clarity. Please consult an for more information.