Having a work permit allows those who don’t have a green card, or those who are living in the U.S. on a temporary basis (DACA recipients or those with temporary protected status), to work legally. Work permits also come in handy for those who are awaiting a decision on their adjustment of status application, but need working authorization in the many months leading up to a final decision for income support. The issue with work permits however is that they do not last forever. They are usually issued, and valid, for a one year period.
Toward the end of the validity period, a work permit holder usually needs to renew their work permit by filing another I-765, available on the USCIS website. This can lead to some stress in general as work permit holders are wondering if the USCIS will renew their permit before their current one expires.
In this blog, we will cover some basic employment issues that might arise for work permit holders who are nearing expiration as they continue to work for a U.S. based company.
Background
Different employers have different standards for who they want to hire. Some U.S. companies will choose to only hire employees that are already permanent residents in the U.S., while others will not have a problem hiring someone who only has an EAD. If you do have an EAD though, there is an added layer of concern because you will need to maintain relations with your boss about when your renewal period is coming up. This is important for payroll purposes and also for the reputation of the company so they aren’t working with someone who is technically out of status.
Steps to Take
That is why it is incredibly important to openly communicate with your boss/manager about your work permit situation. For example, you might send your HR team an email or speak with them about when your expiration period is coming up, and the fact that you have already filed for an EAD renewal. Show your HR manager that you have filed again with the USCIS so they don’t think you are skirting job regulations. You can do this by showing them a receipt of your application received by the USCIS.
In addition, work permit holders can take the following precautionary steps to ensure a smooth transition as they renew their work permit:
- Work permit renewals typically take 150 days to process with the USCIS. Applicants are advised to start the process early so their isn’t an overlap in their existing status.[1]
- f you need to put in a Service Request with the USCIS because your case is outside of the normal processing window, please do so here: https://egov.uscis.gov/e-request/displayONPTForm.do;jsessionid=3912EE353FBD89DF22A3B274172AC693?sroPageType=onpt&entryPoint=init. Notify your manager you have put in a service request as well.
Additionally, it is never a good idea to simply ignore the work permit conversation. Even if you are busy with your job and other responsibilities, waiting for your work permit to expire and then continue working can lead to other problems in immigration. For one, your HR team could easily discover your work permit has expired, and end your employment because of the lack of communication about the issue. It could also lead to problems down the road with applying for citizenship, as you have now effectively been working “illegally” since you were still on payroll past your expiration.
Finally, keeping the conversation open about your work permit renewal, and slow processing time will incentivize your boss or manager to perhaps put you on a leave of absence, or simply use up a vacation if applicable, instead of losing your job altogether.[2]
