How To Get Work Permit In Usa For F1 Visa – Getting an Employment Authorization Document (EAD) won’t be the last time you go through the process. Your EAD has an expiration date, and you should be ready and prepared to renew your work permit before that date. This comprehensive 2023 guide is the first important step in that preparation. We will cover the work permit renewal process, I-765 filing fees, EAD renewal processing times, and more.
Like almost all other applications related to immigration benefits, the I-765 employment authorization has several requirements. It also has an expiration date, so you need to renew it before it expires. Since the process usually takes several weeks, not filing early enough can cause delays. Delays can put you in a difficult situation if your current EAD expires before you complete the process for a new one.
How To Get Work Permit In Usa For F1 Visa
Applying for a work permit renewal requires the same steps and process that was followed when applying for the original EAD.
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Failure to complete the application form and provide all required evidence may result in rejection.
The EAD renewal application process (I-765) usually takes between 2 to 16 months. You should know that the processing time for your application will depend on your current status in the U.S. For example, while H-4 spouses usually wait 11 months to renew their EAD, L-2 spouses will wait 10 months. Please note that these are estimates only—processing times are subject to change. For the most up-to-date information on processing times, you should consult the USCIS online processing time tool. Here are some other examples of wait times:
USCIS processes EAD renewals like a normal EAD application, so the processing time for work permits will depend not only on the type of visa but also on the processing center you go through.
For the most up-to-date processing time information, make sure you know how to accurately check your EAD processing time.
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Start the process six months before the expiration date, which is on your EAD, but not before. For example, if your EAD is set to expire in the next 180 days, you can file a renewal application now.
If you are filing an I-765 renewal, there is a filing fee of $410. Make a payment with your form submission. After submitting your application, you can make online payments using various online payment options such as credit card, debit card, or bank transfer.
When you are ready to submit your application, you will be directed to pay.gov where you will pay the fee. However, you should be very careful so that you don’t get scammed by paying into scammers’ accounts. Therefore, you should double-check the website address to make sure you are on the USCIS site and not some scam page.
USCIS gives some applicants a payment waiver that exempts them from paying the filing fee. I-765 filing fee waivers are usually for people who cannot afford the fee for economic or medical reasons. For a filing fee waiver, you must make a formal request to USCIS by doing the following:
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USCIS will review your letter and, upon review, may request that you provide supporting evidence before confirming approval or denial of the I-765n filing fee.
To reduce the gap in employment due to USCIS backlogs, the government implemented a temporary automatic EAD extension for certain visa holders. EAD extensions normally last for 180 days, but under the temporary rule, the extension is up to 540 days. The temporary rule will expire on October 27, 2023.
Those eligible for a longer automatic extension must properly file for an EAD renewal before their current EAD expires and must be in one of the following categories:
Immigrants to the US come through different entry visas, including visitor, student, marriage, and work visas. Having settled in the country, you will want to get something to have a regular source of income. If your visa to the US allows you to get a job, you can file an I-765 employment authorization application.
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Regardless of your qualifications, a lack of authority will stand between you and a job. No U.S. entity. which will give you salary if USCIS has not given work authorization.
The validity period of the work permit will depend on the case of each applicant. This is because USCIS usually issues EADs based on the validity of each applicant’s underlying nonimmigrant status. In most cases, USCIS issues an EAD with a one-year validity period with the option of renewing it before it expires. The number of times allowed for renewal will also depend on the status of each applicant.
However, in some cases, USCIS may issue an EAD with a validity period of up to two years. This type of EAD is available to green card adjustment of status (AOS) applicants who are currently unable to adjust status due to the unavailability of an immigrant visa number. To be eligible for a work permit with a two-year validity period, applicants must submit an approved I-140 petition. Asylum applicants are another category of people who can obtain an EAD valid for two years.
USCIS usually issues EADs with a one-year or two-year validity period. You can apply for renewal at any time starting four months before the expiration of your current work permit. Determine the EAD expiration date by checking the front of the card. You may decide to file and complete your I-765 renewal application online. If you are filing online, make sure you fill out the most recent version of the I-765. You can also download the form and complete it by hand.
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As an AOS applicant working on an EAD, even if you are very confident that your green card will be ready before your work permit expires, it is recommended to keep applying for renewal. There are still some events that will prolong the green card process more than you expect. And working without a permit is not an option. Unless you have lawful nonimmigrant status, USCIS may flag you as unlawfully employed if you work without an EAD.
After receiving your application, USCIS will send you an email to confirm receipt of your form. You should keep the receipt because you will need it later. During the process, USCIS may invite you to appear at an application support center to have your biometrics taken.
When going to the interview, make sure you bring your appointment letter and application confirmation notice sent to USCIS. While waiting for your application process to complete, the system also allows you to check your application status online to monitor the progress of your application. To access the status, you must visit the USCIS website and enter your receipt number.
Through regular communication with USCIS, you should know how soon you will receive your work permit renewal approval. However, if you have completed the form that your EAD is delayed after 90 days, you can contact USCIS to find out the reason for the delay and request that the process be expedited.
I 765 Form
To make sure that you are not the cause of the delay in the first place, you should check all the requirements and supporting evidence in the submitted application form to know that you did not leave out the requested evidence when filing.
As the immigration landscape in the US changes, the processing time for work permit renewals has increased on average. Many factors affect work permit processing time. Waiting too long to file for renewal can be dangerous. Additionally, if your work permit expires before receiving a renewal, you may be at risk of losing your job or violating your nonimmigrant status.
This can have long-term consequences, especially if you want to adjust your status and obtain a green card and citizenship in the future. After you file your I-765, you should receive notice from USCIS that the six-month EAD validity period has passed. Talk to an immigration attorney to see if you have more time than you think before your work permit expires.
If your application is denied, USCIS will send you a notice indicating the reason. Facing a denial of your EAD application will affect your right to continue working in the US. Therefore, it is important to consult with an immigration attorney about your next steps.
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As with many other immigration cases, you can file a motion to reopen or reconsider the decision. This means that you want the USCIS office to reconsider or reconsider its decision on your case.
If you file a motion to reopen, you must provide documented evidence of new facts to support that your case deserves to be reopened. Suppose you vote for a motion to reconsider. In that case, you should be able to determine whether the decision should be made