Form I 766, Explained: your Employment Authorization Document (EAD) for Working in The U.S.
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Form I-766, Explained: Your Employment Authorization Document (EAD) for employment Working in the U.S.

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

Navigating the intricate landscape of U.S. immigration law can be complicated, specifically when it concerns securing employment authorization. Form I-766 plays a pivotal role in this procedure, enabling qualified people to pursue their profession aspirations while their immigration status is pending or employment under particular visa categories. In this detailed guide, we will dive into the information of Form I-766, exploring its function, eligibility requirements, application process, and different scenarios where it becomes vital.

Table of Contents

Who Needs Form I-766?
Form I-765 vs. Form I-766: What’s the Difference?
How to Request 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 an Employment Authorization Document (EAD). U.S. citizens and lawful permanent residents (green card holders) are instantly authorized to work and do not need to use for an EAD. Similarly, some nonimmigrant visas naturally grant work authorization, such as H-1B visas for specialty occupations.

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

- Individuals eligible for Deferred Action for Childhood Arrivals (DACA).

  • Refugees and employment 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 instantly allow employment.
  • Dependents or spouses of particular 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, employment they represent 2 sides of the very same coin. Form I-765 is the real application you submit to request employment permission, while Form I-766 is the physical EAD card you receive upon approval. Think About Form I-765 as the request, and Form I-766 as the approved permission.

    How to Get Form I-766?

    The application process for Form I-766 includes completing Form I-765 and providing supporting documentation to demonstrate your eligibility. It’s like assembling the pieces of a puzzle, guaranteeing you have all the required components to provide a complete and persuading case.

    The basic requirements for looking for an EAD of:

    - Two similar passport-style photos.
  • A copy of your U.S. visa.
  • A copy of your current EAD (if applicable)

    In addition to these basic requirements, employment you’ll need to submit specific evidence based on your visa category. For instance, if you’re using as a refugee, you’ll require to supply your last notice of eligibility for resettlement and your Form I-797. If you’re applying 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 classification and your current place. USCIS supplies a breakdown of direct filing addresses on its website. It’s crucial to send your application to the correct address to avoid delays or possible rejection.

    Cost of Form I-766

    The filing cost for Form I-765, which leads to 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 check the USCIS site for the most updated fee details.

    After You Receive Your Form I-766

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

    Renewing or Replacing Your Form I-766

    If your EAD is lost, taken, damaged, or consists of inaccurate details, employment you’ll need to look 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 file a brand-new Form I-765 and pay the required fees.

    Frequently Asked Questions

    Do I require 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 need to get an EAD to work while your application is being processed. Can I use for Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, however it’s recommended to wait until after you’re wed and obtain an EAD, as K-1 visas normally end within 90 days. For how long is the processing time for Form I-765? Processing times can vary, but USCIS generally intends 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 might complicate your migration procedure.

    Final Words

    Form I-766, the Employment Authorization Document, is a crucial tool for many nonimmigrants seeking to work legally in the United States. It’s a testament to the U.S.’s commitment to welcoming skilled people from around the globe and allowing them to contribute their skills to the American labor force. By comprehending the eligibility requirements, application process, and possible difficulties associated with Form I-766, you can navigate this vital action in your migration journey with confidence and clearness. Please seek advice from a migration lawyer for more details.