An Employment Authorization Document (EAD) is a crucial document for non-citizens in the United States, granting them the legal right to work for any employer in the country. However, EADs are not permanent and typically come with expiration dates, requiring timely renewal to maintain employment eligibility. Understanding the process of renewing an EAD and the potential for automatic extensions can help you avoid any disruption in your work authorization status.
What is an Employment Authorization Document (EAD)?
An Employment Authorization Document, commonly known as a work permit, is issued by U.S. Citizenship and Immigration Services (USCIS) to eligible non-citizens who are authorized to work in the United States. The EAD comes in the form of a card and is typically valid for one, two or four years , depending on the applicant’s status and circumstances.
Individuals eligible for an EAD include but are not limited to:
- Those with pending asylum applications
- Those with approved asylum or refugee cases
- Those with pending or approved cancellation of removal applications
- Certain adjustment of status applicants
- DACA (Deferred Action for Childhood Arrivals) recipients
- TPS (Temporary Protected Status) holders
- Certain non-immigrant visa holders (e.g., F-1 students seeking OPT, E-2 spouse, L-2 spouse and H-4 spouse)
How to Renew an EAD
EADs must be renewed before they expire to avoid gaps in employment authorization. Although you are able to renew your work authorization document without the assistance of an attorney, it is highly recommended that you have a law office file your EAD renewal. Simple mistakes can result in a denied application , lost filing fees and interruption to your work – it’s just not worth it. An attorney seeking to renew your work permit will consider the following:
1. Determine Eligibility for Renewal
To renew an EAD, you must still meet the eligibility requirements under your specific category. Renewal is generally required if you wish to continue working and your EAD is about to expire. If your immigration status has changed, you may need to apply under a different eligibility category. Generally, you can consider renewing your work permit within 6 months from the date of expiration. In some scenarios, it may be advisable to renew your work permit earlier than six months.
2. Complete Form I-765
To renew your EAD, you need to complete Form I-765, Application for Employment Authorization. Ensure you select the appropriate renewal box and fill in all required information accurately.
3. Gather Required Documents
You must provide supporting documentation along with your renewal application. Commonly required documents include:
- A copy of your current EAD (front and back)
- Two recent passport-sized photos
- A copy of your Form I-94 (Arrival/Departure Record) (if available)
- Evidence of your continued eligibility (such as proof of pending adjustment of status, DACA approval, asylum status, etc.)
- Any additional documents required for your specific category
4. Pay the Filing Fee
Most applicants must pay a filing fee for Form I-765, although some categories may be exempt. Be sure to check the latest fee requirements on the USCIS website.
5. Submit Your Application
Submit your completed Form I-765, along with the required supporting documents and filing fee, to the appropriate USCIS address. The address varies depending on your eligibility category and where you live, so refer to the USCIS instructions for Form I-765 to find the correct filing location.
6. Wait for USCIS Processing
Once your application is submitted, USCIS will process your renewal. Processing times vary, but it is advisable to file for renewal at least 180 days before your current EAD expires to avoid any gaps in employment authorization.
7. Receive Your New EAD
If USCIS approves your application, you will receive a new EAD card, typically valid for one, two or four years, depending on your eligibility category.
Automatic Extensions of EADs
One of the most critical aspects of EAD renewals is the potential for automatic extensions. This provision allows certain EAD holders to continue working legally while their renewal application is pending, helping prevent employment gaps.
How Do Automatic Extensions Work?
Under the automatic extension policy, eligible applicants can receive up to a 540 or 180-day extension of their EAD work authorization if they meet specific criteria:
- Timely Filing: You must file your EAD renewal application (Form I-765) before your current EAD expires.
- Same Category: The renewal must be filed under the same eligibility category as your current EAD.
- Eligibility Category: Only certain categories are eligible for automatic extensions. Some of the eligible categories include:
- Asylees (A03)
- Refugees (A04)
- TPS (Temporary Protected Status) (C19)
- Adjustment of Status Applicants (C09)
- Certain non-immigrant spouses (such as H-4, L-2, E spouses)
- DACA (Deferred Action for Childhood Arrivals) (C33)
- Receipt Notice: The automatic extension is triggered by the filing receipt notice (Form I-797C) that USCIS sends you after they receive your renewal application.
What Happens During the Automatic Extension Period?
During the automatic extension period, the expired EAD is considered valid for employment purposes, and you can continue working legally. Employers are required to accept the expired EAD along with the Form I-797C receipt notice as proof of work authorization. The extension is valid for up to 540 or 180 days or until USCIS makes a decision on your renewal application, whichever comes first.
Important Tips for EAD Renewal and Automatic Extensions
- Apply Early: Given the varying processing times, it's crucial to apply for EAD renewal as early as possible—up to 180 days before the expiration date. This not only allows you to take advantage of automatic extensions but also reduces the risk of a gap in employment authorization.
- Keep All Documents Updated: Ensure that you have all necessary documentation ready, including proof of continued eligibility, copies of your current EAD, and any additional documents required by your specific category.
- Stay Informed on Policy Changes: Immigration policies and procedures can change frequently. Stay updated on any changes to EAD renewal processes or automatic extension policies by regularly checking the USCIS website or consulting with an immigration attorney.
- Communicate with Your Employer: Inform your employer of your EAD renewal and the automatic extension policy to ensure compliance with employment authorization verification rules (such as Form I-9 requirements).
Proving Automatic Extension
Some employers are unaware of the automatic extension rules and may threaten to terminate your employment because your EAD has expired. In this scenario, you should provide your employer with your current EAD, a copy of your EAD renewal receipt, and a print out of USCIS’s automatic extension policy. Many employers are unfamiliar with these rules, so you should try to explain it to them. If they refuse to understand, it may be advisable to have an attorney outline your legal rights to employment through a legal letter to the employer.
Renewing your Employment Authorization Document (EAD) on time is essential to maintaining your ability to work legally in the United States. Understanding the renewal process, along with the potential for automatic extensions, can help you avoid gaps in employment and provide peace of mind as you navigate your immigration status. If you are unsure about your eligibility or have questions regarding the renewal process, consider consulting with an experienced immigration attorney to guide you through the complexities of EAD renewals and maximize your chances of a smooth application process.