Navigating the renewal process for your Employment Authorization Document (EAD) can be a very time consuming and stressful process. You have filed your application, and you’re waiting for your EAD, but the USCIS has not made a decision on your application. Now your employer is asking when you will be receiving the renewed EAD. Knowing that your EAD can be automatically extended will greatly alleviate the stress and anxiety throughout this process.
US immigration law allows automatic extension of work permits under certain categories after they expire. To qualify for the automatic extension, you must meet the following requirements:
The renewal application for the EAD is properly filed with the USCIS before the current EAD expires.
You are eligible for a renewal;
The renewal application is filed based on the same employment authorization category as the previously issued EAD.
Keep in mind not all work permits qualify for the 180-day automatic extensions. It is of great importance to know the category under which your EAD was granted. Below is a list of the specific categories that are eligible for this automatic 180-day extension. For more information, please visit this link: USCIS Fact Sheet: Automatic EAD extension.
(a)(3) - EAD applicants who was admitted as refugee
(a)(5) - Applicant who was granted asylum.
(a)(7) - EAD applicant who was admitted as a parent (N-8) or dependent child (N-9) of an alien who was granted permanent residence.
(a)(8) - Citizen of Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau.
(a)(10) - A Withholding of Deportation or Removal was Granted;
(a)(12) - Temporary Protected Status (TPS) Granted;
(c)(8) - EAD applicant who has filed an application for asylum or withholding of deportation whose application has not been decided, or has been recommended for approval but has not yet been granted asylum or withholding of deportation or removal.
(c)(9) - Pending Adjustment of Status when EAD applicant has filed an application for LPR under section 245 of the Immigration and Nationality Act;
(c)(10) - Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants (pursuant to section 240A), or Special Rule Cancellation of Removal Applicants under NACARA;
(c)(16) - Creation of record for lawful permanent residence.
(c)(19) - EAD applicant applying for TPS where they are deemed prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”;
(c)(20) - Applicant who has filed complete application in accordance with Section 210 Legalization (pending Form I-700);
(c)(22) - Applicant who has filed complete application in accordance with Section 245A Legalization (pending Form I-687);
(c)(24) - Applicant who has filed complete application in accordance with LIFE Legalization; and
(c)(31) - VAWA Self-Petitioners.
While this automatic extension will help to relieve a lot of the stress throughout this process, another important thing that can help is to plan ahead and file a timely EAD renewal application. The USCIS recommends that the renewal applications be filed 180 days in advance of expiration of the EAD. If you have any questions, please contact our office by calling us at 541-484-1811 or by emailing us at bwang@bwanglaw.com.
DISCLAIMER: This Article is for informational purposes only and may not be used in the place of legal advice.