Foreign nationals must possess legal authorization to work in the U.S. Employers carry the burden of verifying this status. One method of demonstrating this is through a work permit (EAD) issued by the United States Citizenship and Immigration Services (USCIS). It’s important to understand that work permits are valid for a finite period. As such, it’s crucial to understand the renewal process to ensure continued legal employment in the country. If questions arise concerning the renewal process, it’s advisable to consult with an experienced Middlesex County, New Jersey, Business Immigration Lawyer for guidance.
What is a Work Permit (EAD)?
A work permit, also known as an Employment Authorization Document (EAD), is a legal document that authorizes foreign nationals to work in the United States. This is distinct from a visa. Work permits demonstrate that the holder is authorized to work for an employer within a specified timeframe.
Eligibility criteria generally depend on the country and the individual’s immigration status. Employers must verify an employee’s work authorization before hiring them. If the following applies, you may need to obtain a work permit:
- Authorization to work because of your immigration status or circumstances, but you need evidence
- A pending Form I-485 to Register Permanent Residence or Adjust Status
- A pending Form I-589, Application for Asylum and Withholding of Removal
- A nonimmigrant status that allows you to reside in the U.S. but not work
What Are the Key Steps and Considerations for EAD Renewal?
Renewing your EAD is a vital step for many non-immigrants and immigrants living in the U.S. This document provides legal permission to work in the country for a set time. To prevent any gaps in your employment authorization, it’s crucial to understand the renewal process.
First and foremost, before initiating the renewal process, you must confirm that you are still eligible for an EAD. After verifying that you meet the specific eligibility criteria, you need to file your EAD renewal application well in advance of its expiration date to avoid a lapse. Processing times can vary significantly, from a few weeks to several months. While some categories may qualify for automatic extensions, confirm if your situation applies. A general best practice is to file 120 to 1809 days before your EAD’s expiration.
To renew your work permit, you must complete Form I-765 with supporting documents. Most applications require a filing fee. Once you submit your application, USCIS will review it. If approved, your new EAD should arrive within 2 weeks in the mail. If there are any issues or if more information is required, they will send a Request for Evidence (RFE) or a denial notice.
As you can see, the renewal process can be complex. At the Law Offices of Aditya Surti, LLC, we are prepared to guide you through every step. Connect with our firm today for more information.