Form I-766, Explained: Your Employment Authorization Document (EAD) for Operating In the U.S.

Form I-766 is more typically 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 specific nonimmigrant visa holders the legal right to work in the United States. It serves as concrete proof to potential employers that you have the required permission to contribute your abilities and competence to the American labor force.

Navigating the intricate landscape of U.S. migration law can be challenging, especially when it comes to securing work authorization. Form I-766 plays a pivotal role in this process, enabling eligible people to pursue their career aspirations while their migration status is pending or under particular visa categories. In this detailed guide, we will look into the details of Form I-766, exploring its purpose, eligibility requirements, application procedure, 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 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 an Employment Authorization Document (EAD). U.S. citizens and legal permanent citizens (green card holders) are instantly licensed to work and do not require to make an application for an EAD. Similarly, some nonimmigrant visas naturally grant work permission, such as H-1B visas for specialty occupations.

However, if you fall under particular nonimmigrant classifications or require unique permission to work, you needForm I-766 becomes your important tool. This consists of:

- Individuals qualified for employment 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 do not immediately enable work.
• 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 about the difference 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. Consider Form I-765 as the demand, and Form I-766 as the given authorization.
  
  How to Apply for Form I-766?
  
  The application procedure for Form I-766 includes finishing Form I-765 and providing supporting documents to demonstrate your eligibility. It resembles putting together the pieces of a puzzle, ensuring you have all the necessary elements to provide a complete and convincing case.
  
  The general requirements for making an application for an EAD include:
  
  - Two similar passport-style photographs.
• A copy of your U.S. visa.
• A copy of your existing EAD (if applicable)
  
  In addition to these basic requirements, you'll need to submit specific evidence based on your visa category. For instance, if you're applying as a refugee, you'll need to offer your final notice of eligibility for resettlement and your Form I-797. If you're applying under Temporary Protected Status (TPS), you'll need 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 existing place. USCIS supplies a detailed list of direct filing addresses on its website. It's important to send your application to the correct address to prevent hold-ups or prospective 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 may require to pay an $85 biometrics charge, depending upon your eligibility classification. It's important to the USCIS site for the most current 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 present this card to potential employers as proof of your work eligibility. Remember, it's important to renew your EAD before it ends to maintain your work authorization.
  
  Renewing or Replacing Your Form I-766
  
  If your EAD is lost, taken, harmed, or contains incorrect details, you'll require to look for 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 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 make an application 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 recommended to wait until after you're wed and get 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, however USCIS normally aims 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 recommended to travel while your EAD application is pending, as it might complicate your migration procedure.
  
  Final Words
  
  Form I-766, the Employment Authorization Document, is an important tool for many nonimmigrants seeking to work legally in the United States. It's a testimony to the U.S.'s dedication to welcoming proficient individuals from around the globe and enabling them to contribute their skills to the American workforce. By understanding the eligibility requirements, application process, and possible obstacles associated with Form I-766, you can navigate this vital step in your immigration journey with confidence and clarity. Please consult a migration lawyer to find out more.