Most immigrants living in the United States will be eligible for an automatic work permit (EAD) extension. The automatic work permit extension is critically important for individuals who are not yet green card holders, and therefore depend on their work permits to live legally in the United States. Falling out of status because your work permit has expired can bring unpleasant complications to an individuals life, and could possibly result in being laid off from an employer and other financial hardships.

The USCIS notes in their policy manual however that many classes of employment eligible immigrants can receive an automatic extension on their EAD as long as they meet the following requirements:

1.  The individual who is requesting a renewal of their work permit has properly filed their I-765 application before their current EAD has expired.

2.  The individual is eligible for a renewal based on a USCIS category, listed here.

Scroll through the chart on the link provided above to see if you qualify for an auto renewal on your work permit. Auto renewals mean that you will be provided an automatic 180 day extension before your renewal application is adjudicated.

In order to know when your auto-renewal date will reach an expiration, you should refer to the I-797C form that is issued by the USCIS when you complete and submit your renewal application (I-765). Your 180 day extension will begin on the day that your original EAD expires, and if you have lost this information it will be noted on your I-797C form. If you have questions and do not know when your original work permit is expiring, you should utilize the USCIS Contact Center to better assist you.

Other Options

Even with the 180 day extension safeguard in place, many immigrants might have a case pending for longer than 6 months past their initial expiration date. In these circumstances, it is a good idea for work permit renewal applicants to talk to their employers about possible options. In the past, some employees have been granted unpaid leave from their jobs, which although might present difficulties, is still better than being laid off completely.  

It is also critically important right now for EAD renewal applicants to plan their renewal applications in a timely manner. This means looking up the exact category of their eligibility on the USCIS website, and applying for an extension in advance of the time frame listed on the Check Case Processing Times database. Right now it is common for EAD renewal applications to wait at least 10 months before their work permit will be renewed. In light of this, it should be commonplace for work permit holders to be applying for a renewal shortly after they have had their work permit for one year.