New York Lawyer's Legal Updates

How To Renew Your Work Permit In The United States: A Step-by-Step Guide

By Alena Shautsova, New York Immigration Lawyer

If you are currently in the United States on a valid immigration status that authorizes you to work, it's essential to stay on top of your Employment Authorization Document (EAD) expiration date. Whether you're an asylum seeker, DACA recipient, pending adjustment of status applicant, or in another eligible category, renewing your work permit in time is critical to maintaining lawful employment and peace of mind.

In this guide, I’ll walk you through everything you need to know about renewing your work permit, including how to use Form I-765, important timing tips, the USCIS I-765 renewal fee, and the latest updates on automatic extensions—all from the perspective of an experienced USA Immigration lawyer.

What Is a Work Permit?

A work permit, officially known as an Employment Authorization Document (EAD), is issued by U.S. Citizenship and Immigration Services (USCIS) and allows non-citizens to work legally in the United States. It is not the same as a visa or a green card, but for many immigrants, it serves as their legal bridge to employment while their case is pending or during temporary protection.

When Should You Renew Your Work Permit?

You should file to renew your EAD at least 180 days before it expires. USCIS allows early filing within 180 days of the expiration date listed on your current card.

Tip from a New York Immigration Lawyer: Filing too close to the expiration date could leave you with a work gap if your renewal is delayed.

Certain categories benefit from automatic extensions—and as of 2024, that period has been expanded to up to 540 days for eligible categories (explained below).

Automatic 540-Day Work Permit Extension: What You Need to Know

If you are renewing your EAD and fall under certain eligible categories, USCIS now offers an automatic extension of up to 540 days beyond your current expiration date, as long as you submit your renewal application before your current card expires.

This temporary final rule is currently in effect for renewal applications filed between May 4, 2022, and September 30, 2025.

Source: USCIS.gov – Automatic EAD Extension Final Rule

Eligibility Requirements

To benefit from this 540-day automatic extension, you must:

  • File your Form I-765 renewal before your current EAD expires
  • Belong to an eligible EAD category
  • Apply under the same category as your current EAD

Eligible Categories Include:

  • (a)(3) Refugees
  • (a)(5) Asylees
  • (a)(7) N-8 or N-9 nonimmigrants
  • (a)(8) Citizens of Micronesia, Marshall Islands, or Palau
  • (a)(10) Withholding of Deportation or Removal
  • (c)(8) Asylum applicants with a pending claim
  • (c)(9) Adjustment of status applicants
  • (c)(10) Suspension of deportation or cancellation of removal
  • (c)(16) Registry applicants
  • (c)(19) Temporary Protected Status (TPS) applicants
  • (c)(20) Section 210 legalization applicants
  • (c)(22) LIFE Act legalization applicants
  • (c)(24) Legalization class members
  • (c)(26) H-4 spouses of H-1B workers
  • (c)(31) VAWA self-petitioners
  • (a)(12) Individuals with approved TPS
  • (c)(18) Certain DACA recipients (case-specific)

What You Need to Show Employers

  • Your expired EAD card
  • A valid Form I-797C receipt notice confirming your timely I-765 renewal

Advice from a trusted New York Immigration Lawyer: This extension only applies if your renewal is filed on time. If you miss the deadline, you're at risk of losing your work authorization until USCIS processes a new application.

How to Renew Your Work Permit: Step-by-Step

To renew your EAD, you must file a new Form I-765, Application for Employment Authorization, with USCIS. Here’s how:

Step 1: Complete Form I-765

  • Download Form I-765 from the USCIS website
  • Use the same eligibility category as your previous card
  • Mark the form clearly as a renewal
  • Confirm that all biographical information is correct

Step 2: Gather Supporting Documents

  • A copy of your current EAD
  • A government-issued ID (passport, green card, or I-94)
  • Two recent passport-style photos
  • Proof of your ongoing eligibility (e.g., pending asylum, TPS approval, DACA, etc.)

Step 3: Pay the USCIS I-765 Renewal Fee

The current USCIS I-765 fee is $520 as of 2025. Always verify this on uscis.gov.

  • Fee waivers are available using Form I-912
  • You can pay online if filing electronically or by check/money order when filing by mail

Pro Tip: Submitting the wrong fee or outdated version of the form can result in rejection or delays.

Step 4: Submit to the Correct Address

Ensure that your application is mailed to the correct lockbox or service center. USCIS lists specific filing addresses based on your category and state of residence.

Processing Times for EAD Renewal

On average, USCIS takes 3–8 months to process Form I-765 renewals. If you’re eligible for the 540-day automatic extension, you can continue working even after your card expires—as long as your renewal is pending.

What If You Missed the Deadline?

If your EAD expires before you file your renewal:

  • You are no longer authorized to work until the new card is approved
  • Your current visa status may also be affected
  • You should consult a New York Immigration lawyer immediately to evaluate your options

Late filings may still be accepted, especially if the applicant qualifies for expedited processing due to:

  • Financial hardship
  • Medical emergencies
  • Pending job offers

Can You File Form I-765 Online?

Yes! USCIS now accepts online renewals for many eligible categories. Benefits include:

  • Faster confirmation of receipt
  • Secure document upload
  • Direct tracking through your USCIS online account

Be sure to check if your category is eligible for e-filing before proceeding.

Final Thoughts: Don’t Let Your Work Permit Expire

Renewing your work permit in the U.S. is more than a formality—it’s your legal lifeline to continued employment, stability, and progress toward your immigration goals. With the 540-day automatic extension, timely renewal is now more critical—and more beneficial—than ever.

Need help renewing your work permit?
Get assistance from a New York Immigration lawyer who understands how to make the process efficient, accurate, and stress-free.

Visit: www.shautsova.com
Email: office@shautsova.com
Phone: 917-885-2261
Serving clients in New York and nationwide

19 April 2025
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