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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 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 particular nonimmigrant visa holders the legal right to operate in the United States. It works as concrete evidence to prospective companies that you have the necessary permission to contribute your abilities and competence to the American workforce.

Navigating the complex landscape of U.S. migration law can be challenging, employment especially when it pertains to protecting work . Form I-766 plays a critical role in this procedure, allowing eligible individuals to pursue their profession aspirations while their immigration status is pending or under particular visa classifications. In this extensive guide, we will explore the details of Form I-766, exploring its function, eligibility requirements, application procedure, and different scenarios where it ends up being essential.

Tabulation

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 an Employment Authorization Document (EAD). U.S. residents and legal permanent residents (green card holders) are immediately authorized to work and do not require to get an EAD. Similarly, some nonimmigrant visas naturally approve work permission, such as H-1B visas for specialty occupations.

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

– Individuals qualified 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 do not automatically enable employment.
– Dependents or spouses of specific employment-based nonimmigrant visa holders

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

You may be questioning the difference in between Form I-765 and Form I-766. In essence, they represent 2 sides of the exact same coin. Form I-765 is the actual application you submit to ask for work permission, while Form I-766 is the physical EAD card you receive upon approval. Consider Form I-765 as the request, and Form I-766 as the approved authorization.

How to Request Form I-766?

The application process for Form I-766 involves finishing Form I-765 and supplying supporting paperwork to demonstrate your eligibility. It resembles assembling the pieces of a puzzle, guaranteeing you have all the necessary elements to provide a total and convincing case.

The general requirements for obtaining an EAD include:

– Two similar passport-style pictures.
– 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 send specific proof based upon your visa classification. For example, if you’re using as a refugee, you’ll need to supply your final notification of eligibility for resettlement and your Form I-797. If you’re using under Temporary Protected Status (TPS), employment you’ll need to submit proof of your TPS approval.

Where to Submit Your Form I-765?

The filing address for employment Form I-765 depends on your eligibility classification and your existing location. USCIS offers a comprehensive list of direct filing addresses on its website. It’s essential to send your application to the proper address to avoid hold-ups or possible rejection.

Cost of Form I-766

The filing charge for employment Form I-765, which leads to the issuance of Form I-766 (EAD), is $410. Additionally, you might need to pay an $85 biometrics charge, depending upon your eligibility classification. It’s necessary to inspect 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 licensed to work in the U.S. You can present this card to prospective companies as proof of your work eligibility. Remember, it’s vital to restore your EAD before it expires to preserve your work authorization.

Renewing or Replacing Your Form I-766

If your EAD is lost, stolen, harmed, or contains inaccurate info, you’ll need to request a replacement. Similarly, if your EAD is ending, you’ll need to renew it to continue working lawfully. 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 permit? Yes, if you have a pending Form I-485 (Adjustment of Status), you’ll need to make an application for employment an EAD to work while your application is being processed.
Can I look for Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, however it’s advisable to wait till after you’re wed and make an application for an EAD, as K-1 visas normally end within 90 days.
The length of time is the processing time for Form I-765? Processing times can differ, however USCIS typically intends to process applications within a few months.
Can I travel outside the U.S. while my EAD is pending? It’s not recommended to travel while your EAD application is pending, as it could complicate your immigration process.

Final Words

Form I-766, employment the Employment Authorization Document, is a crucial tool for numerous nonimmigrants seeking to work lawfully in the United States. It’s a testament to the U.S.’s dedication to inviting competent individuals from around the globe and enabling them to contribute their skills to the American workforce. By understanding the eligibility requirements, application process, and potential challenges associated with Form I-766, you can browse this crucial action in your immigration journey with self-confidence and clearness. Please seek advice from an immigration attorney for more details.

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