1 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 Working in the U.S.

Form I-766 is more commonly referred to as the Employment Authorization Document (EAD) or work permit. It's a physical card released by U.S. Citizenship and Immigration Services (USCIS) that grants specific nonimmigrant visa holders the legal right to operate in the United States. It serves as tangible proof to prospective employers that you have the essential permission to contribute your abilities and knowledge to the American workforce.

Navigating the detailed landscape of U.S. migration law can be challenging, specifically when it concerns securing work permission. Form I-766 plays an essential role in this process, enabling eligible individuals to pursue their career aspirations while their migration status is pending or under particular visa classifications. In this extensive guide, we will explore the information of Form I-766, exploring its purpose, eligibility requirements, application process, and different scenarios where it ends up being important.

Table of Contents

Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Make An Application 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 legal permanent homeowners (green card holders) are automatically licensed to work and yewiki.org do not need to make an application for an EAD. Similarly, some nonimmigrant visas inherently approve work permission, such as H-1B visas for specialized occupations.

However, if you fall under particular nonimmigrant classifications or need special authorization to work, you I-766 becomes your important 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 immediately permit work.
  • Dependents or spouses of certain 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, they represent two sides of the very same coin. Form I-765 is the actual application you send to request employment authorization, while Form I-766 is the physical EAD card you receive upon approval. Think of Form I-765 as the request, and Form I-766 as the given permission.

    How to Apply for Form I-766?

    The application process for Form I-766 involves completing Form I-765 and offering supporting paperwork to show your eligibility. It resembles putting together the pieces of a puzzle, guaranteeing you have all the needed components to present a complete and persuading case.

    The general requirements for looking for an EAD consist of:

    - Two similar 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 submit particular evidence based upon your visa classification. For instance, if you're applying as a refugee, you'll need to provide your last notification 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 category and your present place. USCIS provides a breakdown of direct filing addresses on its website. It's vital to send your application to the proper address to avoid delays or potential rejection.

    Cost of Form I-766

    The filing charge for Form I-765, which causes the issuance of Form I-766 (EAD), is $410. Additionally, you might need to pay an $85 biometrics cost, depending on your eligibility category. It's essential to inspect the USCIS website for the most up-to-date cost info.

    After You Receive Your Form I-766

    Congratulations! Once you get your Form I-766, you're officially authorized to work in the U.S. You can present this card to potential employers as proof of your work eligibility. Remember, it's essential to restore your EAD before it ends to maintain your work permission.

    Renewing or Replacing Your Form I-766

    If your EAD is lost, stolen, harmed, or contains incorrect information, you'll require to look for a replacement. Similarly, if your EAD is expiring, you'll require to renew it to continue working legally. In both cases, you'll require to submit a new Form I-765 and pay the required costs.

    Frequently Asked Questions

    Do I need 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 get Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, but it's suggested to wait till after you're married and obtain an EAD, as K-1 visas generally expire within 90 days. How long is the processing time for Form I-765? Processing times can differ, but USCIS usually intends to process applications within a couple of months. Can I travel outside the U.S. while my EAD is pending? It's not suggested to take a trip while your EAD application is pending, as it might complicate your migration process.

    Final Words

    Form I-766, the Employment Authorization Document, is a crucial tool for lots of nonimmigrants looking for to work lawfully in the United States. It's a testimony to the U.S.'s dedication to inviting proficient individuals from all over the world and permitting them to contribute their skills to the American labor force. By comprehending the eligibility requirements, application process, and potential obstacles connected with Form I-766, you can navigate this vital step in your migration journey with confidence and clarity. Please speak with an immigration lawyer to learn more.