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 typically referred to as the Employment Authorization Document (EAD) or work permit. It’s a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants particular nonimmigrant visa holders the legal right to operate in the United States. It works as tangible proof to potential employers that you have the needed permission to contribute your abilities and proficiency to the American workforce.

Navigating the intricate landscape of U.S. migration law can be overwhelming, particularly when it pertains to securing work permission. Form I-766 plays an essential function in this process, allowing eligible individuals to pursue their career goals while their migration status is pending or under specific visa categories. In this extensive guide, employment we will look into the details of Form I-766, employment exploring its purpose, eligibility requirements, application procedure, and various circumstances where it ends up being essential.

Table of Contents

Who Needs Form I-766?

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

How to Look 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 employment Replacing Your Form I-766

Frequently Asked Questions

Final Words

Who Needs Form I-766?

Not all nonimmigrant visa holders need an Employment Authorization Document (EAD). U.S. citizens and lawful permanent citizens (green card holders) are instantly licensed to work and do not need to make an application for an EAD. Similarly, some nonimmigrant visas inherently grant work permission, such as H-1B visas for employment specialized professions.

However, if you fall under particular nonimmigrant classifications or need special authorization to work, you needForm I-766 becomes your vital 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 students whose visas do not immediately allow employment.
– Dependents or partners of specific employment-based nonimmigrant visa holders

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

You might be questioning the difference 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 request work permission, while Form I-766 is the physical EAD card you get upon approval. Think of Form I-765 as the request, and Form I-766 as the approved permission.

How to Request Form I-766?

The application process for Form I-766 includes finishing Form I-765 and providing supporting paperwork to demonstrate your eligibility. It resembles assembling the pieces of a puzzle, ensuring you have all the required parts to provide a total and persuading case.

The basic requirements for making an application for an EAD include:

– Two similar .
– A copy of your U.S. visa.
– A copy of your existing EAD (if applicable)

In addition to these general requirements, you’ll require to submit specific proof based upon your visa classification. For instance, if you’re using as a refugee, you’ll require to offer 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 send proof 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 area. USCIS offers a detailed list of direct filing addresses on its site. It’s essential to send your application to the right address to prevent delays or prospective rejection.

Cost of Form I-766

The filing charge for Form I-765, which results in 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 important to examine the USCIS site for the most updated cost details.

After You Receive Your Form I-766

Congratulations! Once you receive your Form I-766, you’re officially licensed to work in the U.S. You can provide this card to prospective employers as proof of your work eligibility. Remember, it’s essential to renew your EAD before it expires to maintain your work permission.

Renewing or Replacing Your Form I-766

If your EAD is lost, taken, damaged, or consists of inaccurate information, you’ll need to use for a replacement. Similarly, if your EAD is expiring, you’ll need to restore it to continue working legally. In both cases, you’ll need to file a brand-new Form I-765 and pay the required fees.

Frequently Asked Questions

Do I need 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 request an EAD to work while your application is being processed.
Can I obtain Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, but it’s a good idea to wait till after you’re married and get an EAD, as K-1 visas usually end within 90 days.
How long is the processing time for Form I-765? Processing times can vary, but USCIS typically 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 take a trip 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 numerous nonimmigrants looking for to work lawfully in the United States. It’s a testimony to the U.S.’s commitment to welcoming competent people from all over the world and enabling them to contribute their skills to the American workforce. By understanding the eligibility requirements, application process, and employment prospective difficulties related to Form I-766, you can navigate this essential step in your migration journey with confidence and clearness. Please consult an immigration attorney for more details.