A lot of people are concerned about the process involved in work permit renewal. So, if you’re wondering how to renew your work permit after it expires in the US, this article got you covered.
You see, the thing about your Employment Authorization Document (EAD) is that it’s not a permanent thing. It has an expiration date, which means you’ll have to go through the process of renewing it if you want to keep working in the US.
Let’s get some basic information about a work permit before digging into how it can be renewed upon expiration.
What is a work permit?
Now, let’s start with the basics.
A work permit, also known as an Employment Authorization Document, is a document that foreign nationals need to work in the United States. When you’re in the US, you might want to find a job to support yourself and your family, right?
Well, certain visas allow you to work, and to get started, all you need to do is file an employment authorization application called the I-765.
But here’s the catch: finding a job in the US can be more challenging without the EAD. It’s like the golden ticket that gives you the opportunity to work as an immigrant. This document is issued by the United States Citizenship and Immigration Services, and it’s your permission to work in the country.
How long is the work permit valid?
Now, let’s talk about how long a work permit is valid.
It really depends on your situation. Typically, EADs are valid for one year, but you can renew them before they expire. However, there are cases where the USCIS might grant a two-year EAD. For example, if you submit an I-140 petition or if you’re an asylum applicant, you could get a two-year validity EAD.
When it comes to renewing your work permit, it’s important to plan ahead. Start the renewal process at least four months before your current EAD expires. You can find the expiry date on the front of your card. To apply for renewal, you can either fill out the form online or download it and complete it manually. Just make sure to use the latest version of the I-765 form available on the official website.
When to file for work permit renewal
Timing is key, my friend. Even if you expect a quick processing time, it’s better to apply for renewal early to avoid any unexpected delays. You never know what might come up, right?
When you file Form I-765 for renewal, it’s pretty much the same process as when you initially applied. You’ll need to submit some supporting documents along with the form. These include two identical passport photographs, a copy of your current EAD, evidence of a pending AOS petition if applicable, a government-issued identity document, a copy of your I-94 form, and a G-28 form if you have a representative or attorney.
How to file Form I-765
The process of renewing your EAD is generally similar to submitting a new application. To renew your work permit, you will need to complete Form I-765 and include the following supporting documents:
- Two identical passport photographs
- A copy of your current EAD
- Proof of a pending AOS (Adjustment of Status) petition with USCIS if you are applying for an I-485 green card adjustment of status
- A copy of a government-issued identity document
- A copy of your I-94 form, along with a printout of the electronic form, your passport, or any other relevant travel document you possess
- If you have an accredited representative or attorney representing you, include a G-28 form.
These documents are necessary to support your EAD renewal application and ensure that the process goes smoothly.
Difference between work permit renewal and replacement
Now, let’s clear up common confusion.
There’s a difference between work permit renewal and replacement. You go for renewal when your existing EAD is about to expire or is no longer valid, but your employment eligibility remains intact. On the other hand, you opt for replacement when there are errors on your EAD or if it’s lost, stolen, or destroyed.
Work permit renewal processing time
We know you’re curious about how long the renewal process takes. Well, the USCIS takes up to 90 days to process your EAD renewal from the time you submit your application.
To ensure a smoother process, it’s recommended to apply four months before your current EAD expires. That way, you give yourself a better chance of getting it processed earlier.
What if my renewal application is denied?
But hey, what if your renewal application gets denied? Unfortunately, that means you won’t have the legal right to work in the US anymore. If it happens, don’t panic. You’ll receive a notice explaining the reasons for the denial. Your best bet is to consult an immigration lawyer to understand what your next steps should be. You could also consider filing a motion to reconsider or reopen the decision if it’s appropriate.
To sum it all up, renewing your work permit is essential if you want to continue working in the United States. Make sure to apply for renewal four months before your current EAD expires to speed up the process. And remember, if you need any assistance or face challenges along the way, don’t hesitate to seek professional advice. Good luck!
Frequently Asked Questions
Here are some common questions regarding work permit expiration and renewal in the USA, along with their paraphrased answers:
What happens if my work permit expires in the USA?
When your work permit expires, you must immediately cease working. Moreover, an expired work permit may indicate a loss of lawful status in some cases.
Can I renew my EAD after it expires?
Yes, you have the option to renew your EAD even after it expires. Starting in May 2022, the Department of Homeland Security (DHS) automatically grants an extension period for eligible renewal applicants. This extension can range from 360 days to 540 days, starting from the expiration date of the original EAD.
What are the consequences if I continue working after my work permit expires?
Working without a valid work permit can result in deportation. Additionally, you may need to obtain permission or a visa to reenter the country. Therefore, it is crucial to renew your EAD upon its expiration.
How can I extend my work permit in the USA?
To extend your work permit, you need to submit Form I-765 for renewal. Along with the form, you will be required to pay the applicable renewal fee unless you have applied for a fee waiver.