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In the past, when you submitted an asylum application, an application for adjustment, or any application that had a work permit tied to it, those work permits were given out for five years, or 540 days. This gave you ample time to get your work permit, work, file taxes, and renew in five years.
Now, however, the USCIS has reduced the extension rule to (at most) one and a half years. This means that your work permit will not be valid for nearly as long, and must be renewed far more often. Every renewal will cost money, as well.
If you already have a five-year work permit, that remains valid until it expires. But going forward, renewal will be expected for newly issued asylum visas every 18 months, giving you a shorter time frame and making it important to stay on top of work permit expiration dates.
Under new laws, renewal of work permits linked to your asylum status is not automatic. You will now have to submit additional documentation, prove that you’re paying the asylum renewal fee, and prove that you are still in status to get a work permit renewed.
We are also seeing a considerable backlog with these work permits, and re-application may not even be viable. For example, say you apply and have to wait 6 to 8 months for your work permit to be issued. This permit is only valid for 1.5 years, and the time you have to lawfully work is now closer to 6 or 7 months.
It may ultimately be quite challenging to maintain a work permit and keep up with the delay times and shortened extension period.
If your work permit expires, you’re not legally authorized to work in the United States. Similarly, if the underlying application (for example, your asylum application) is abandoned or denied, then you will not be able to lawfully work. In some cases, you may even have to leave the country.
USCIS will inform you of what specific steps you need to take in order to prevent you from falling out of status or working without proper authorization.
For EAD renewal, you will need your underlying asylum application, proof that asylum application fees have been paid, and a copy of your former work permit. You should also include the previous year’s income tax statements, an updated passport-style photo, and any required filing fees. These fees can change from year to year, so be sure to check the official USCIS website for the amount.
The first thing you need to understand is that a work permit is not the same aslawful status that permits you to remain in the United States. A work permit is simply permission to work.
Your lawful status is pinned, not to a work permit, but to whichever application you have pending, whether that’s an asylum application, residency application, or DACA.
For clarity, it is always best to speak with an immigration attorney. Your attorney can help you determine which documents you need, what your current status is, what receipts you already have from the USCIS, and how to proceed with your work permit application.
For more information on EAD automatic extension ending in 2025, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 247-0068 today.