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

Form I-766 is more typically called the Employment Authorization Document (EAD) or work allow. It's a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants particular nonimmigrant visa holders the legal right to operate in the United States. It acts as concrete evidence to potential companies that you have the needed permission to contribute your skills and knowledge to the American workforce.

Navigating the intricate landscape of U.S. migration law can be difficult, particularly when it comes to securing work permission. Form I-766 plays a pivotal role in this process, enabling eligible people to pursue their profession goals while their immigration status is pending or under specific visa classifications. In this comprehensive guide, we will look into the information of Form I-766, exploring its function, eligibility requirements, application process, and numerous situations where it becomes indispensable.

Tabulation

Who Needs Form I-766?

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

How to Get 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 need a Work Authorization Document (EAD). U.S. citizens and legal permanent locals (permit holders) are immediately licensed to work and do not need to look for an EAD. Similarly, some nonimmigrant visas inherently approve work permission, such as H-1B visas for specialty professions.

However, if you fall under specific nonimmigrant classifications or need special approval to work, you needForm I-766 becomes your vital tool. This includes:

- 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 students whose visas don't automatically permit 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 difference 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 request employment permission, while Form I-766 is the physical EAD card you get upon approval. Consider Form I-765 as the demand, and Form I-766 as the given authorization.

How to Look For Form I-766?

The application procedure for Form I-766 involves finishing Form I-765 and providing supporting paperwork to show your eligibility. It's like putting together the pieces of a puzzle, guaranteeing you have all the essential components to provide a complete and convincing case.

The basic requirements for making an application for an EAD include:

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

In addition to these basic requirements, you'll need to submit specific proof based on your visa classification. For instance, if you're using as a refugee, you'll require to provide your last notice of eligibility for resettlement and your Form I-797. If you're using under Temporary Protected Status (TPS), you'll require to submit evidence of your TPS approval.

Where to Submit Your Form I-765?

The filing address for Form I-765 depends upon your eligibility classification and your current place. USCIS provides a breakdown of direct filing addresses on its site. It's important to send your application to the right address to prevent 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 may need to pay an $85 biometrics cost, depending upon your eligibility classification. It's important to check the USCIS site for the most up-to-date charge information.

After You Receive Your Form I-766

Congratulations! Once you get your Form I-766, you're formally authorized to operate in the U.S. You can provide this card to potential 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, employment stolen, harmed, or includes incorrect information, you'll require to make an application for a replacement. Similarly, if your EAD is ending, you'll need to restore it to continue working lawfully. In both cases, you'll require to submit a new Form I-765 and pay the required charges.

Frequently Asked Questions

Do I require an EAD if I'm adjusting my status to a green card? Yes, if you have a pending Form I-485 (Adjustment of Status), you'll need to obtain 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 request an EAD, as K-1 visas usually end within 90 days.
How long is the processing time for Form I-765? Processing times can differ, but USCIS usually 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 take a trip while your EAD application is pending, as it could complicate your migration procedure.

Final Words

Form I-766, the Employment Authorization Document, is an essential tool for lots of nonimmigrants looking for to work lawfully in the United States. It's a testament to the U.S.'s dedication to inviting experienced people from around the world and permitting them to contribute their talents to the American labor force. By understanding the eligibility requirements, application process, and potential obstacles related to Form I-766, you can browse this vital action in your immigration journey with confidence and clarity. Please seek advice from a migration lawyer for more info.