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Renewal of Work Permit Attorneys

Once you have obtained permission to work within the United States, you will need to keep your status current in order to continue working. Failure to do so could have stiff consequences for your immigration status. Learn more about the renewal of an Employment Authorization Document (EAD), when you should get started, and what happens if your authorization expires. When you’re ready to discuss your immigration case in greater detail, call Castillo & Associates at 800-497-9774.

How the Renewal Process Works

Upon successful completion of form I-765, you receive I-766, which is your Employment Authorization Document. The renewal process is fairly straightforward. Your EAD has an expiration date, and you must have a new card by that date to avoid any lapse in your work authorization. To renew, you just file a new I-765. You will need to pay a $410 filing fee unless you have a fee waiver. In addition, you will have to pay an $85 biometrics fee if you have to attend a biometrics appointment.

From there, USCIS will process your renewal and send you a new card.

 The Timeline of a Work Permit Renewal

USCIS is known for having a significant backlog of work permit applications, and since the form for a renewal is the same, this could affect you. Current processing times are accessible on the USCIS website, and that may give you an idea of when you must submit your renewal application. Wait times vary significantly between different immigration statuses and field offices. For example, at the time of writing, the wait period for those waiting for an adjustment of status was more than one year at almost every service center. On the other hand, student work applications largely had a wait period of less than one month.

In general, it’s better to file before you are close to your deadline. This gives you some wiggle room if you forget to send any documentation or otherwise need to amend your application. Generally, USCIS does not recommend renewing more than six months ahead of the expiration date.

It’s important to note that your work permit may remain valid even if your current card expires before you finish the renewal process. In some situations, USCIS will automatically extend your expiration date if your form has been filed correctly before the expiration date. Other categories also qualify for an automatic extension.

In other situations, certain documents will allow you to continue working until you get your new EAD. For example, a receipt showing that you paid to replace a lost, stolen, or damaged card can serve as proof of your authorization. Form I-94 with an unexpired refugee admission stamp may also allow you to continue working. However, the consequences for working without authorization are significant, so make sure you discuss this with an attorney.

What Happens If My Work Permit Expires?

If your work permit expires and you do not meet any of the qualifications for an automatic extension, you could lose your authorization to work in the United States. USCIS takes a strong stance on this matter, so working without authorization could put your entire immigration case in jeopardy. Those who work without authorization can be barred from entering the United States for three or ten years. USCIS regularly conducts immigration raids to attempt to catch undocumented workers, and getting caught without a valid EAD could result in you being removed from the country.

Replacing a Work Permit

What if you do not need to renew a work permit but you do need a replacement card? You will need to refile I-765. Talk to your attorney about whether or not your receipt serves as proof of your work authorization status until your new card arrives. If you need a replacement card because USCIS made a factual error on your card, you can send proof of the errors, the incorrect EAD, and a description of the error to your processing center in order to have your card reprocessed.

If you should have received your work permit in the mail but it has not arrived within the expected timeframe, you can notify USCIS to find out if it is missing, stolen, or still in transit.

Castillo & Associates—Here for Your Immigration Legal Needs

Your work authorization is an important part of your immigration status, and any errors or delays could throw you off-course. Make sure you have an attorney who can keep you on the right path. Call us at 800-497-9774 or contact us online to talk to one of our immigration lawyers.

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MAKING A FALSE OR FRAUDULENT WORKERS‘ COMPENSATION CLAIM IS A FELONY SUBJECT TO UP TO 5 YEARS IN PRISON OR A FINE OF UP TO $50,000 OR DOUBLE THE VALUE OF THE FRAUD, WHICHEVER IS GREATER, OR BY BOTH IMPRISONMENT AND FINE.” LAB.C. § 5432(A).

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