If you experience a delay during the work permit renewal process, you may qualify for an automatic extension that would allow you to work for a period after your work permit expires. You may also be able to check your status and get an update from U.S. Citizenship and Immigration Services (USCIS) to determine where your application is in the process.
For help from a Chicago immigration lawyer for work permits, consult Cho Immigration Law today by calling 312-853-3088.
Common Reasons for Delays in Work Permit Renewals
Work permit renewal delays could happen for several reasons, such as:
USCIS Understaffing and Backlogs
In many cases, delays result from backlogs and understaffing. USCIS may not have enough employees to effectively handle all cases, often because of temporarily ceased hiring and funding. Employment-based applications are among the ones to suffer most from these staffing issues.
Additionally, backlogs can occur simply because there are so many applications that USCIS employees need to go through, often because of the capacities of service centers.
Backlogs for Form I-765 applications have been among the highest recently, with statistics finding over two million pending I-765s in the system, including replacements and renewals.
Background and Security Check Delays
Depending on factors like the applicant’s previous visa overstays, countries of origin, or criminal history, it could take longer for USCIS to complete security and background checks. The agency may flag some USCIS applications for additional background checks that could contribute to further delays in processing.
Incomplete Applications and Requests for Evidence
Another factor could involve incomplete application information and requests for evidence (RFEs) from USCIS. For instance, an applicant might neglect to include proof of lawful residence, like a visa approval notice, or update essential information that leads to inconsistencies.
In these cases, USCIS often issues RFEs to request additional evidence from applications.
Case Transfers
Sometimes, work permit renewal delays might occur if cases transfer from one service center to another. These transfers can easily cause delays if the service center to which USCIS transfers the case has a larger backlog than the previous one.
Often, USCIS doesn’t send a notification regarding the transfer, which could keep applicants uninformed of their current application status.
What to Do if Your Work Permit Renewal Is Taking Too Long
When the renewal process takes longer than expected, it could be due to delays resulting from the reasons discussed above. Applicants have certain steps they can take if they suspect a delay is preventing their application from moving forward.
It’s critical to act fast, as immigrant workers could get deported for working without a visa. Here are some options during a work permit processing delay:
Automatic Extensions
Under new work permit rules, immigrant workers may get an automatic extension of their work permit allowing them to work, depending on their current status and the timeliness of filing for renewal. First, applicants must file a Form I-765 renewal application before their employment authorization document (EAD) expires. They must also select the same category on this application as their current category.
Also, immigrants must qualify for automatic extensions as one of the following:
- Individuals with pending asylum applications
- Asylees and refugees
- Qualifying Temporary Protected Status (TPS) holders
- Individuals with pending green card applications
- Spouses of E-1, E-2, and E-3 visa holders with valid corresponding I-94s
- Spouses of L-2 visa holders with valid corresponding I-94s
Requesting a Status Update
In addition to ensuring an automatic extension applies, individuals might be able to see the progress of their application in numerous ways. For example, they could visit USCIS’s official government website to request a status update. Using USCIS’s Case Status Online tool, you simply need to provide the 13-character receipt number appearing on your receipt notice.
Alternatively, you could call USCIS’s customer service center to make a status update request. Here, an agent can provide an update based on your receipt number and personal details. Creating an account on the USCIS website could enable you to get automatic status updates via email or text.
When to Contact an Immigration Lawyer for Work Permit Issues
There are multiple circumstances when it might be in your best interest to contact an immigration attorney. If you are uncertain regarding why your work permit is taking a long time to process or if you struggle with the application process, an attorney can represent you in your case.
The following are situations when you may benefit from contacting an immigration lawyer:
Help With the Application Process
To ensure your application successfully goes through without requests for evidence that might cause delays, make sure all information is accurate, up to date, and complete. An attorney can review all of your paperwork to determine if you have provided USCIS with everything the agency needs to process your application smoothly.
Updates on Immigration Laws
Under the Trump administration, immigration law is continually changing. For help keeping up with the latest laws and maintaining compliance in your applications, you may need to work with an attorney who stays updated on all relevant immigration laws.
Avoiding Removal and Deportation
Although you may be able to continue working while your application is pending as an immigrant, you could face removal and deportation. Attorneys can provide a defense during removal proceedings to help prevent deportation.
Contact a Reputable Immigration Lawyer in Chicago Today
If you experience work permit renewal delays, or if you need help with other issues related to your work permit, a reliable lawyer can help. During a consultation, an attorney will discuss your needs as an immigrant worker. If the attorney chooses to represent you, he or she can help with everything from organizing and completing applications with correct information to providing a strong defense if you face deportation.
At Cho Immigration Law, our legal team has experience helping individuals who face issues with immigration, including work permit renewal delays and many others. Contact us today to consult one of our attorneys.
FAQs
1. How long does it usually take to renew a work permit?
Processing times for renewing a work permit will vary from case to case, but the average renewal time is around three to eight months.
2. What can I do if my work permit renewal is delayed?
Options during a work permit processing delay include checking your application status online via the USCIS website, contacting immigration authorities for an update, and contacting a local representative. Depending on the circumstances, you may also benefit from an automatic extension when your work permit expires that lasts for 540 days after the expiration date.
3. Can I keep working while waiting for my work permit to be approved?
If you applied for a work permit renewal before your work permit expired, you could qualify for an automatic 540-day extension that would allow you to continue working in the U.S. while you wait for USCIS to make a decision regarding your renewal application.
