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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 typically referred to 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 operate in the United States. It functions as tangible evidence to potential employers that you have the necessary permission to contribute your skills and knowledge to the American labor force.

Navigating the complex landscape of U.S. immigration law can be complicated, especially when it pertains to protecting work authorization. Form I-766 plays a pivotal function in this process, making it possible for job qualified individuals to pursue their profession aspirations while their immigration status is pending or under specific visa classifications. In this thorough guide, we will look into the information of Form I-766, exploring its function, eligibility requirements, application process, and different scenarios where it becomes vital.

Tabulation

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 require an Employment Authorization Document (EAD). U.S. residents and lawful irreversible locals (green card holders) are instantly licensed to work and do not need to obtain an EAD. Similarly, some nonimmigrant visas naturally approve work permission, such as H-1B visas for specialized professions.

However, if you fall under particular nonimmigrant categories or require unique permission to work, you needForm 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 enable employment. - Dependents or partners of certain employment-based nonimmigrant visa holders

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

You may be wondering about the difference in between Form I-765 and Form I-766. In essence, they represent two sides of the exact same coin. Form I-765 is the real application you send to request work authorization, job while Form I-766 is the physical EAD card you get upon approval. Consider Form I-765 as the request, and Form I-766 as the .

How to Make An Application For Form I-766?

The application procedure for Form I-766 involves completing Form I-765 and providing supporting documentation to demonstrate your eligibility. It resembles assembling the pieces of a puzzle, ensuring you have all the required components to present a complete and convincing case.

The general requirements for looking for an EAD consist of:

- Two identical passport-style pictures. - A copy of your U.S. visa. - A copy of your current EAD (if relevant)

In addition to these basic requirements, you'll need to submit specific proof based upon your visa classification. For instance, if you're applying as a refugee, you'll require 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 proof of your TPS approval.

Where to Submit Your Form I-765?

The filing address for Form I-765 depends on your eligibility category and your present place. USCIS offers a detailed list of direct filing addresses on its website. It's important to send your application to the appropriate address to avoid hold-ups or possible rejection.

Cost of Form I-766

The filing charge for Form I-765, which results in the issuance of Form I-766 (EAD), is $410. Additionally, you may require to pay an $85 biometrics fee, depending on your eligibility category. It's vital to inspect the USCIS website for the most current charge info.

After You Receive Your Form I-766

Congratulations! Once you receive your Form I-766, you're formally authorized to work in the U.S. You can provide this card to possible employers as evidence of your work eligibility. Remember, it's vital to restore your EAD before it expires to maintain your work permission.

Renewing or job Replacing Your Form I-766

If your EAD is lost, taken, damaged, or contains incorrect information, you'll need to obtain a replacement. Similarly, if your EAD is expiring, you'll require to renew it to continue working legally. In both cases, you'll need to submit a new Form I-765 and pay the needed charges.

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 look for an EAD to work while your application is being processed. Can I request Form I-766 with a K-1 visa? Technically, you can deal with a K-1 visa, however it's suggested to wait until after you're wed and get an EAD, as K-1 visas generally expire within 90 days. For how long is the processing time for Form I-765? Processing times can vary, 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 recommended 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 an important tool for lots of nonimmigrants looking for to work legally in the United States. It's a testimony to the U.S.'s dedication to welcoming knowledgeable people from worldwide and enabling them to contribute their talents to the American workforce. By understanding the eligibility requirements, application procedure, and possible challenges associated with Form I-766, you can browse this vital action in your immigration journey with self-confidence and clearness. Please seek advice from a migration attorney to learn more.