Published: August 7, 2023
Besides staying competitive and honing relevant skills, temporary workers should grow keener with immigration-related technicalities. Despite being competitive in various fields, many of them could not continue working in the United States because of technical issues. Notably, foreign laborers struggle with work permit extension.
The demand for temporary workers is growing consistently. In 2022, the USCIS issued at least 766,000 non-immigrant employment-based visas. Experts find that more job opportunities will exist for foreign employees in the near future. If you are dealing with problems regarding work permits and EAD renewal, do not hesitate to seek legal help. If you are looking for a Los Angeles immigration law firm composed of lawyers with over two decades of legal practice, you can trust ALG Lawyers.
About the US Work Permit
The US work permit is officially known as the employment authorization document (EAD). The EAD is an official document that proves a non-citizen’s capacity to maintain lawful employment in the United States for a specific period. Applicants will receive an identification card upon approval.
Applying for EAD is necessary under the following circumstances:
- You are an asylee, refugee, or U nonimmigrant
- Your application to register permanent residence or adjust status is pending
- Your application for asylum and for withholding of removal is pending
- Your nonimmigrant status does not permit you to work in the United States without first seeking approval from USCIS, e.g. F-1 and M-1 student visas
Take note, lawful permanent residents and non-immigrant visa holders authorized to work for a specified employer no longer need to apply for EAD.
How to get a work permit in the United States?
The first thing to do is determine whether you need to apply for an EAD or not. As mentioned earlier, some non-immigrant visa card holders may no longer need to apply for EAD because of their immigration status. Examples of non-immigrant visas that do not require card holders to file for EADs include H-1B, L-1B, O, and P visas.
After determining that you need to petition for EAD, you must prepare an application for employment authorization. You may consult an immigration attorney for the requirements and process. Seek legal advice where to file your application because the venue may change depending on your visa category. Also, if you are filing your application with another form, the filing address would depend on the other form.
Upon USCIS’ receipt of your application, the agency may take around six months to process your application. However, the time may vary depending on the receiving service center. Some offices have more pending applications than others. Set time allowances to accommodate unexpected delays.
Some applicants may also receive a request for evidence (RFE). RFE is a notification requesting applicants to comply with missing documents. However, it does not mean that your application for EAD is denied. After compliance with the requested files, the application process will continue.
Once your EAD application is approved, USCIS will send the plastic EAD card to your registered address.
Automatic Work Permit Extension
US work permits have limited validity. Typically, EADs last for one year and could be renewed a number of times depending on the visa category. It is advisable to start your application within 180 days from the date of expiry to allow USCIS a reasonable time to complete the procedures.
Some visa categories are eligible for automatic extension. Since May 4, 2022, the EAD of eligible applicants will remain valid for another 540 days from the expiration date. Please note that this is only a temporary extension. Previously, the automatic extension ran for 180 days.
Reasons for the Denial of Work Permit Extension
Work permit extension is a meticulous process. Applicants should exercise caution with every step to avoid prompting immigration offices to deny your request. Here is a list of the most common reasons some requests for EAD renewal are denied:
Erroneous application
Specific visa categories follow specific processes for work permit extension, too. For example, applicants requesting EAD under compelling circumstances may need to fulfill unique conditions that may not be needed in other categories. Also, the smallest errors, especially when substantial, may affect the approval rate of an EAD renewal request.
Improper or insufficient fees
Failure to pay the recommended fees can be a fatal mistake when requesting an extension of EAD. Applicants should ensure that they paid the necessary fees upon submission. It is practical to keep receipts just in case anyone questions the sufficiency of the filing fees and processing fees you paid.
Criminal history
The USCIS and other immigration offices may keep on tracking your criminal activities even after acquiring a valid visa. If the USCIS found that you were involved in criminal activities that warrant removal proceedings, it may no longer renew your EAD until this issue has been resolved.
Failure to file EAD extension on time
Remember, automatic extension of the expiration date does not settle until you file a request for renewal. Be aware of your current EAD’s expiry and never file beyond that date. If your EAD expires without a pending request for renewal or extension, you will be deemed as unlawfully present in the United States.
Things to Do When Work Permit Is Terminated or Revoked
The grounds for the termination of EADs are as follows:
- EAD expiry date has lapsed
- Exclusion or deportation proceedings has been instituted against the visa card holder
- The non-citizen has been granted voluntary departure
Knowing that your EAD will be terminated or revoked can be shocking. Follow these tips to help you process the situation more logically:
Calm down
Try your best not to panic. Keep yourself calm before making decisions. If it helps, seek the company of people you trust.
Gather all official notices
After collecting your thoughts, compile all notices and official documents you received from USCIS and other immigration offices. Check for missing documents. You make keep them in folders to keep things organized.
Contact your employer
Keep in touch with your employer and company. You may request legal and technical support from them. Their representatives may also be knowledgeable about your situation.
Consult an immigration lawyer
Do not forget to seek legal advice. Arrange an appointment with a reliable immigration attorney to determine the causes and solutions of your dilemma. They could also represent you in court should removal proceedings ensue.
Get Expert-Level Assistance for Your Work Permit Extension
File name: Smiling lawyer sitting on his desk
Alt tag: Smiling immigration lawyer discussing about work permit extension
An EAD is the lifeline of temporary workers. Without it, non-immigrants may not maintain legal employment within the country and would be subject to removal proceedings. If you wish to keep working, it is crucial to learn more about work permit extension. Mastering relevant immigration rules is crucial to maximize employment opportunities and stay longer in the United States.
Keeping up with employment authorization policies by yourself can be overwhelming. If you find certain concepts and requirements confusing, rely on the experts. ALG Lawyers has premium immigration services that could be key to solving your problems. Book an appointment with us so we can have an in-depth discussion about your concerns.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)