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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 Operating In the U.S.
Form I-766 is more frequently 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 operate in the United States. It acts as tangible proof to potential companies that you have the essential permission to contribute your abilities and knowledge to the American labor force.
Navigating the intricate landscape of U.S. immigration law can be difficult, specifically when it concerns securing employment permission. Form I-766 plays a pivotal role in this procedure, enabling eligible individuals to pursue their career aspirations while their migration status is pending or under particular visa categories. In this extensive guide, we will look into the information of Form I-766, exploring its purpose, eligibility requirements, application process, and various scenarios where it becomes essential.
Tabulation
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 require a Work Authorization Document (EAD). U.S. residents and employment lawful irreversible homeowners (permit holders) are immediately licensed to work and do not require to obtain an EAD. Similarly, some nonimmigrant visas naturally approve work permission, employment such as H-1B visas for specialty professions.
However, if you fall under particular nonimmigrant classifications or require special authorization to work, you needForm I-766 becomes your necessary tool. This includes:
– 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 students whose visas don’t instantly permit employment.
– Dependents or partners of certain employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What’s the Difference?
You may be wondering about 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 real application you send to ask for employment authorization, while Form I-766 is the physical EAD card you get upon approval. Think of Form I-765 as the demand, and employment Form I-766 as the granted authorization.
How to Get Form I-766?
The application process for Form I-766 involves finishing Form I-765 and providing supporting paperwork to show your eligibility. It resembles putting together the pieces of a puzzle, ensuring you have all the needed parts to present a total and persuading case.
The basic requirements for requesting an EAD consist of:
– Two similar passport-style pictures.
– A copy of your U.S. visa.
– A copy of your present EAD (if relevant)
In addition to these basic requirements, you’ll need to send specific evidence based on your visa category. For example, if you’re using as a refugee, you’ll need to offer your final notice 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 on your eligibility classification and your existing place. USCIS supplies an in-depth list of direct filing addresses on its site. It’s essential to send your application to the right address to avoid delays or potential 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 might need to pay an $85 biometrics charge, depending upon your eligibility classification. It’s important to check the USCIS site for the most updated fee information.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you’re formally licensed to work in the U.S. You can provide this card to potential employers as proof of your work eligibility. Remember, it’s important to restore your EAD before it expires to preserve your work permission.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, harmed, or contains incorrect info, you’ll need to apply for 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 new Form I-765 and pay the needed fees.
Frequently Asked Questions
Do I require an EAD if I’m adjusting my status to a green card? Yes, if you have a 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 work on a K-1 visa, however it’s suggested to wait up until after you’re married and get 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 generally intends to process applications within a couple of 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 might complicate your migration procedure.
Final Words
Form I-766, the Employment Authorization Document, is a crucial 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 skilled people from around the world and enabling them to contribute their skills to the American workforce. By understanding the eligibility requirements, application process, and prospective difficulties connected with Form I-766, you can browse this important step in your immigration journey with self-confidence and clarity. Please consult a migration attorney for more information.
