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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 commonly called the Employment Authorization Document (EAD) or work allow. It’s a physical card released by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to work in the United States. It serves as concrete evidence to potential companies that you have the required authorization to contribute your abilities and know-how to the American labor force.

Navigating the complex landscape of U.S. immigration law can be challenging, particularly when it comes to securing employment permission. Form I-766 plays a critical function in this procedure, allowing qualified individuals to pursue their profession aspirations while their is pending or under particular visa categories. In this extensive guide, we will delve into the information of Form I-766, exploring its function, 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 require a Work Authorization Document (EAD). U.S. people and legal irreversible citizens (green card holders) are immediately authorized to work and do not need to use for an EAD. Similarly, some nonimmigrant visas naturally give work authorization, such as H-1B visas for specialized professions.

However, if you fall under particular nonimmigrant categories or require unique consent to work, you needForm I-766 becomes your vital 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 trainees whose visas don’t automatically enable 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 distinction between Form I-765 and Form I-766. In essence, employment they represent two sides of the exact same coin. Form I-765 is the real application you submit to ask for employment authorization, while Form I-766 is the physical EAD card you get upon approval. Consider Form I-765 as the demand, and employment Form I-766 as the given permission.

How to Get Form I-766?

The application process for Form I-766 involves completing Form I-765 and providing supporting documents to show your eligibility. It’s like putting together the pieces of a puzzle, ensuring you have all the essential components to present a total and convincing case.

The basic requirements for looking for an EAD consist of:

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

In addition to these basic requirements, you’ll require to send particular evidence based upon your visa classification. For example, if you’re using as a refugee, you’ll need 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 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 current area. USCIS provides an in-depth list of direct filing addresses on its website. It’s important to send your application to the proper address to avoid hold-ups or potential rejection.

Cost of Form I-766

The filing cost for Form I-765, which causes the issuance of Form I-766 (EAD), is $410. Additionally, you may need to pay an $85 biometrics charge, depending upon your eligibility classification. It’s important to examine the USCIS site for the most up-to-date fee details.

After You Receive Your Form I-766

Congratulations! Once you get your Form I-766, you’re officially licensed to work in the U.S. You can present this card to potential employers as proof of your work eligibility. Remember, it’s important to renew your EAD before it ends to keep your work authorization.

Renewing or Replacing Your Form I-766

If your EAD is lost, taken, harmed, or contains inaccurate info, you’ll need to get a replacement. Similarly, if your EAD is expiring, 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 charges.

Frequently Asked Questions

Do I need an EAD if I’m adjusting my status to a permit? Yes, if you have a pending Form I-485 (Adjustment of Status), you’ll need to look for an EAD to work while your application is being processed.
Can I get Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, however it’s advisable to wait up until after you’re wed and look for an EAD, as K-1 visas typically expire within 90 days.
For how long is the processing time for Form I-765? Processing times can vary, but USCIS normally 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 travel while your EAD application is pending, as it might complicate your migration process.

Final Words

Form I-766, the Employment Authorization Document, is an essential tool for lots of nonimmigrants seeking to work legally in the United States. It’s a testimony to the U.S.’s commitment to welcoming experienced people from around the world and permitting them to contribute their skills to the American labor employment force. By understanding the eligibility requirements, application process, and potential difficulties associated with Form I-766, you can navigate this crucial step in your migration journey with self-confidence and clarity. Please consult an immigration lawyer to learn more.

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