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 frequently called the Employment Authorization Document (EAD) or work permit. It’s a physical card released by U.S. Citizenship and Immigration Services (USCIS) that grants certain nonimmigrant visa holders the legal right to work in the United States. It works as concrete proof to potential employers that you have the needed authorization to contribute your skills and expertise to the American labor force.

Navigating the complex landscape of U.S. immigration law can be difficult, particularly when it concerns protecting work authorization. Form I-766 plays an essential role in this procedure, enabling qualified individuals to pursue their profession goals while their immigration status is pending or under specific visa classifications. In this comprehensive guide, we will explore the information of Form I-766, exploring its function, eligibility requirements, application process, and various situations 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 need a Work Authorization Document (EAD). U.S. people and legal permanent citizens (green card holders) are automatically licensed to work and do not need to request an EAD. Similarly, some nonimmigrant visas naturally give work authorization, such as H-1B visas for specialized professions.

However, employment if you fall under particular nonimmigrant classifications or need unique to work, you needForm I-766 becomes your important 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 students whose visas do not immediately enable work.
– Dependents or partners of specific employment-based nonimmigrant visa holders

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

You might be questioning the difference in between Form I-765 and Form I-766. In essence, they represent two sides of the same coin. Form I-765 is the actual application you submit to request employment authorization, 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 approved permission.

How to Request Form I-766?

The application procedure for employment Form I-766 includes completing Form I-765 and supplying supporting documentation to show your eligibility. It resembles assembling the pieces of a puzzle, guaranteeing you have all the necessary components to present a complete and persuading case.

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

– Two similar passport-style photos.
– A copy of your U.S. visa.
– A copy of your current EAD (if applicable)

In addition to these general requirements, you’ll need to submit particular proof based on your visa classification. For example, if you’re using as a refugee, you’ll need to provide your final notification of eligibility for resettlement and your Form I-797. If you’re applying under Temporary Protected Status (TPS), you’ll need to submit 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 current place. USCIS supplies a detailed list of direct filing addresses on its website. It’s vital to send your application to the proper address to avoid delays or possible 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 on your eligibility classification. It’s important to check the USCIS website for the most up-to-date fee details.

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 provide this card to potential employers as evidence of your work eligibility. Remember, it’s essential to restore your EAD before it expires to preserve your work permission.

Renewing or Replacing Your Form I-766

If your EAD is lost, taken, damaged, or includes incorrect details, you’ll require to apply for a replacement. Similarly, if your EAD is expiring, you’ll require to restore it to continue working legally. In both cases, you’ll need to file a new Form I-765 and pay the required fees.

Frequently Asked Questions

Do I need 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 require to request an EAD to work while your application is being processed.
Can I make an application for Form I-766 with a K-1 visa? Technically, employment you can work on a K-1 visa, but it’s suggested to wait up until after you’re married and request an EAD, as K-1 visas usually expire within 90 days.
How long is the processing time for Form I-765? Processing times can differ, however USCIS generally intends to process applications within a few months.
Can I take a trip 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 could complicate your immigration procedure.

Final Words

Form I-766, the Employment Authorization Document, is a crucial tool for numerous nonimmigrants looking for to work lawfully in the United States. It’s a testament to the U.S.’s commitment to welcoming skilled individuals from around the globe and enabling them to contribute their skills to the American workforce. By understanding the eligibility requirements, application procedure, and prospective obstacles connected with Form I-766, you can navigate this important step in your immigration journey with confidence and clearness. Please consult an immigration lawyer to find out more.