EAD Renewal Delays: What To Expect And What To Do If Your Work Permit Is About To Expire
14 February 2025If you applied for your Employment Authorization Document (EAD) renewal and are wondering why the processing times keep changing and whether you will receive your new card before your current one expires, you are not alone. Many applicants experience uncertainty when it comes to USCIS processing times. Here’s what you need to know.
Certain categories for EAD allow for automatic extension of the expiring EAD when you submit it for the renewal prior to the expiration. Currently, this is true for the following EAD categories:
The “Class requested” or “Eligibility Category” on your Form I-797C, Notice of Action, receipt notice for your Form I-765 renewal application
| Class | Description | Length of Extension |
|---|---|---|
| A03 | Refugee | Up to 540 days |
| A05 | Asylee | Up to 540 days |
| A07 | N-8 or N-9 | Up to 540 days |
| A08 | Citizen of Micronesia, Marshall Islands, or Palau | Up to 540 days |
| A10 | Withholding of Deportation or Removal Granted | Up to 540 days |
| A12 | Temporary Protected Status (TPS) Granted | Up to 540 days (See TPS section below for more information) |
| A17 | Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S, and E-3S) nonimmigrant status | Up to 540 days, or expiration date on I-94, whichever is sooner |
| A18 | Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status | Up to 540 days, or expiration date on I-94, whichever is sooner |
| C08 | Asylum Application Pending | Up to 540 days |
| C09 | Pending Adjustment of Status under Section 245 of the Act | Up to 540 days |
| C10 | Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants, Special Rule Cancellation of Removal Applicants Under NACARA | Up to 540 days |
| C16 | Creation of Record (Adjustment Based on Continuous Residence since Jan. 1, 1972) | Up to 540 days |
| C19 | USCIS determined applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit” | Up to 540 days (See TPS section below for more information) |
| C20 | Section 210 Legalization (pending I-700) | Up to 540 days |
| C22 | Section 245A Legalization (pending I-687) | Up to 540 days |
| C24 | LIFE Legalization | Up to 540 days |
| C26 | Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status | Up to 540 days, or expiration date on I-94, whichever is sooner |
| C31 | VAWA Self-Petitioners | Up to 540 days |
It is recommended to file for the EAD extension within 180 days of the expiration of the current EAD.
Now, you filed for your EAD on time, but nothing is happening for a long time… Here we will attempt to answer the most common questions related to a pending EAD. Once USCIS accepts your renewal application form I-765, they will issue a receipt to you, usually confirming that the existing EAD has been extended automatically. If your receipt does not contain such information, verify the dates of the expiry of your existing EAD and renewal application, and visit www.uscis.gov to see any updates with regard to automatic EAD extensions to make sure the law has not changed.
Why Does the Processing Time for My EAD Renewal Keep Changing?
When you check your USCIS online account, you may notice that the estimated processing time for your EAD renewal fluctuates. This happens for several reasons:
- Case Backlogs and USCIS Workload – The processing time depends on the service center handling your case. Some centers experience higher volumes of applications, leading to longer delays.
- Case-Specific Factors – If additional security checks are needed or USCIS requires more information, your processing time may be extended.
- Staffing and Policy Changes – Changes in immigration policies, staffing shortages, or increased demand may also affect processing times.
- Random System Updates – The estimated timeline in your USCIS account is not always accurate. It is based on data projections and can change frequently.
The best way to track your case is by checking the USCIS Case Processing Times page and looking up the current processing time for your EAD category at your assigned service center. If your case goes beyond the posted time, you may be able to submit an inquiry with USCIS.
What Happens If My Work Permit Expires Before I Receive the Renewal?
Good news! Many EAD categories qualify for an automatic extension. If you applied for your renewal before your current EAD expired, you may receive up to 540 days of automatic extension from the expiration date of your work permit.
Who Qualifies for the Automatic 540-Day Extension?
USCIS has granted a temporary rule allowing certain EAD applicants to receive an automatic extension of work authorization for up to 540 days if they filed their renewal before their current EAD expired. This applies to applicants under categories such as:
- Asylum applicants ((c)(8))
- Temporary Protected Status ((a)(12) and (c)(19))
- Adjustment of status applicants ((c)(9))
- VAWA self-petitioners ((c)(31))
- Others as listed on the USCIS website (see the table above).
If your EAD category qualifies and you filed your renewal on time, you can continue working legally while waiting for your new card. Your expired EAD, along with the Form I-797C Receipt Notice for the renewal, serves as proof of your work authorization.
What If I Do Not Qualify for an Automatic Extension?
If your EAD category does not qualify for the automatic extension, or if you missed the renewal deadline, you may be at risk of losing your work authorization once your current EAD expires. In that case, consider the following options:
- Expedite Request – If you are facing severe financial loss, a job loss, or other urgent circumstances, you may request expedited processing with USCIS. You will need strong evidence, such as a letter from your employer.
- Contact Your Employer – Some employers may be able to accommodate temporary work interruptions while you wait for USCIS to approve your renewal.
- Explore Other Immigration Options – If your status allows, you may consider alternative work visa options or applying for a green card if eligible.
How to Prevent Future EAD Renewal Delays?
- Apply early – You can file for an EAD renewal as early as 180 days before expiration.
- Track USCIS processing times and submit an inquiry if your case is outside normal timelines.
- Check if you qualify for an automatic extension to avoid work interruptions.
- Keep your employer informed about your case status.
EAD renewal processing can be unpredictable, but understanding processing times, automatic extensions, and available options can help you navigate the situation smoothly. If your work permit is expiring soon and you have not received your renewal, check if you qualify for the 540-day automatic extension or consider requesting an expedite if necessary.
For personalized guidance on your EAD renewal or other immigration matters, consult an experienced immigration attorney to explore the best strategy for your case.