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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 Working 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 issued by U.S. Citizenship and Immigration Services (USCIS) that grants certain nonimmigrant visa holders the legal right to work in the United States. It acts as concrete evidence to possible employers that you have the necessary permission to contribute your skills and employment competence to the .

Navigating the complex landscape of U.S. immigration law can be difficult, especially when it comes to protecting employment authorization. Form I-766 plays a pivotal role in this process, allowing eligible individuals to pursue their profession goals while their immigration status is pending or under specific visa classifications. In this detailed guide, we will look into the details of Form I-766, exploring its function, eligibility requirements, application process, and various circumstances where it ends up being indispensable.

Table of Contents

Who Needs Form I-766?

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

How to Obtain 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 lawful long-term locals (green card holders) are instantly licensed to work and do not need to apply for an EAD. Similarly, some nonimmigrant visas inherently approve work authorization, such as H-1B visas for specialized professions.

However, if you fall under specific nonimmigrant categories or need unique permission 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 M-1 trainees whose visas don’t instantly permit work.
– Dependents or employment partners of certain employment-based nonimmigrant visa holders

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

You may be questioning the distinction in between Form I-765 and Form I-766. In essence, they represent two sides of the same coin. Form I-765 is the actual application you submit to ask for employment authorization, while Form I-766 is the physical EAD card you receive upon approval. Consider Form I-765 as the request, and Form I-766 as the granted permission.

How to Look For Form I-766?

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

The basic requirements for making an application for an EAD consist of:

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

In addition to these general requirements, you’ll need to submit particular evidence based upon your visa classification. For example, if you’re applying as a refugee, you’ll need to provide your last notice of eligibility for resettlement and your Form I-797. If you’re using under Temporary Protected Status (TPS), you’ll need to send 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 current location. USCIS provides a breakdown of direct filing addresses on its site. It’s essential to send your application to the correct address to avoid hold-ups 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 fee, depending on your eligibility classification. It’s vital to inspect the USCIS site for the most updated charge info.

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 possible companies as evidence of your work eligibility. Remember, employment it’s crucial to restore your EAD before it expires to keep your work authorization.

Renewing or Replacing Your Form I-766

If your EAD is lost, taken, damaged, or contains inaccurate information, you’ll require to get a replacement. Similarly, if your EAD is ending, you’ll require to restore it to continue working lawfully. In both cases, you’ll need to submit a brand-new Form I-765 and pay the needed costs.

Frequently Asked Questions

Do I need an EAD if I’m adjusting my status to a green card? Yes, employment if you have a pending Form I-485 (Adjustment of Status), you’ll need to apply for an EAD to work while your application is being processed.
Can I get Form I-766 with a K-1 visa? Technically, employment you can work on a K-1 visa, however it’s suggested to wait up until after you’re married and make an application for an EAD, as K-1 visas normally expire within 90 days.
How long is the processing time for Form I-765? Processing times can vary, but USCIS usually aims 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 immigration process.

Final Words

Form I-766, the Employment Authorization Document, is a crucial tool for many 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 around the globe and permitting them to contribute their talents to the American labor force. By understanding the eligibility requirements, application process, and potential difficulties associated with Form I-766, you can navigate this essential action in your immigration journey with confidence and clearness. Please consult an immigration attorney for employment more details.