The United States Citizenship and Immigration Services (USCIS) offers both work visas and employment authorization documents. Work visas may allow a foreign national to enter the country to work for a sponsoring employer, while an employment authorization document may allow one to work for any employer in the U.S., regardless of their visa type. This is because employment authorization documents are for those who are already legally present in the country, but simply need proof of their eligibility to work during their stay. Without further introduction, please read on to discover how long your initial employment authorization document and its renewal are supposed to last, and how one of the seasoned Lancaster, PA work visa lawyers can help you better understand your eligibility for this.

How long does an employment authorization document remain valid?

On September 27, 2023, the USCIS updated its guidance for the maximum validity period for employment authorization documents for certain individuals. Now, this work permit is set to last for five years for the following categories:

  • Refugees (A03).
  • Aliens parole as refugees (A04).
  • Asylees (A05).
  • Recipients of withholding of removal (A10).
  • Applicants for asylum or withholding of removal (C08).
  • Applicants for adjustment of status (C09).
  • Applicants for suspension of deportation or cancellation of removal (C10).

Applicants in any other eligible category may have a valid work permit for one to two years. Also, for certain individuals, an automatic extension of an employment authorization document lasts 540 days rather than 180 days.

When should I start the process of renewing my employment authorization document?

Before all else, you must confirm your eligibility for a work permit renewal. For this, you must still have a qualifying underlying immigration status, valid extenuating circumstances, and fall under an observed employment authorization category.

As an example, if your adjustment of status application is still pending with the USCIS five years later, you may request a renewal of this document. However, if the USCIS rejects this application during the extension period of 540 days, your work authorization may get cut short.

Nonetheless, it is almost always recommended to start the renewal process within 180 days of your work permit’s set expiration date. This may give the USCIS enough time to process your request without creating a gap in your work authorization or legal presence in the country.

But what’s more, this is so you may give yourself enough time to pivot if your status or circumstances no longer allow for this renewal request to get approved. For one, you may decide to submit a petition for permanent residency, an adjustment of status, asylum, or withholding of a removal application so you can remain in the country while it processes.

Do not let your legal initiatives stop after reading this blog. The next action you should take is calling us at Lupton Law LLC and retaining the services of one of the competent Lancaster, PA work visa lawyers. Rest assured, we will take the reins from here on out.