How to Renew a Work Permit

Check what type of permit you are applying for., Know when to apply., Consider changing your visa status if your current visa cannot be extended., Talk about an extension with your employer., Make sure you have your Form I-94., Hire a translator if...

6 Steps 3 min read Medium

Step-by-Step Guide

  1. Step 1: Check what type of permit you are applying for.

    There are two basic types of work permit: work visas and employment authorization documents (EADs).

    Work Visas – Work visas are acquired with the assistance of a U.S. employer who wants to temporarily bring an immigrant to the United States for work.

    If you hold a work visa, your I-94 Arrival-Departure Record is proof of your right to work EADs – Employment authorization documents are filed for a specific length of time depending on immigration status and prove the right to work for certain immigrants who are not here with work visas, including:
    Students with F-1 or M-1 visas Family of a visa holder Fiancé(e), spouse, or children of a U.S. citizen Spouse of an H-1, L-1, or E1/2/3 visa holder.

    Asylees Refugees Domestic servants
  2. Step 2: Know when to apply.

    You are not allowed to apply for a new EAD more than 120 days before the current one expires, but you should be sure to apply at least 45 days in advance of expiration.

    You should also apply for a renewed work visa at least 45 days in advance, and preferably sooner.

    Check your visa to see when it expires.

    You can find information on all the visas at the site of the U.S.

    Citizenship and Immigration Services (USCIS).

    Here are some of the more common work visas and their expiration dates:
    H-1B – Specialty Occupations and Fashion Models – Up to 3 years, with a 3 year extension possible.

    Workers with these visas may also apply for a Green Card for permanent residence.H-2B – Non-Agricultural Workers – Up to 1 year, with two 1 year extensions possible.L-1A – Intracompany Transferee Executive or Manager – Up to 3 years, with two 2 year extensions possible.L-1B – Intracompany Transferee Specialized Knowledge – Up to 3 years, with a 2 year extension possible.TN – NAFTA Professionals – 3 years, with unlimited renewals of 3 years.

    Workers can apply to renew without leaving the states, or they can leave and return with their same initial documentation.E-1/2/3 – Treaty Traders / Investors; Specialty Occupations from Australia – Up to 2 years, with unlimited 2 year extensions possible., Most work visa types will allow you to reapply for a different type of work visa when you reach the extension limit of your current visa.

    See the Form I-129 Instructions to see if you are eligible to change visa status. , An application for extension of a work visa will usually need to be made by your employer.

    You should talk to them at least four months before your current visa expires about an extension. , The employer will take care of most of the paperwork, but the employee will need to provide his or her Form I-94, Arrival-Departure Record, with the admission number (aka Departure Number) and the date of expiration of his or her stay.If the employee was issued an electronic Form I-94, he or she may obtain a paper version for free at the Customs and Border Protection (CBP) website.

    If the employee has lost his or her Form I-94, he or she can obtain a free replacement at the Customs and Border Protection (CBP) website by filing Form I-102.

    Form I-102 may be filed alongside the application for extension (Form I-129). , All foreign language documents submitted to USCIS must be accompanied by an English translation certified to be complete and accurate by the translator.
  3. Step 3: Consider changing your visa status if your current visa cannot be extended.

  4. Step 4: Talk about an extension with your employer.

  5. Step 5: Make sure you have your Form I-94.

  6. Step 6: Hire a translator if necessary.

Detailed Guide

There are two basic types of work permit: work visas and employment authorization documents (EADs).

Work Visas – Work visas are acquired with the assistance of a U.S. employer who wants to temporarily bring an immigrant to the United States for work.

If you hold a work visa, your I-94 Arrival-Departure Record is proof of your right to work EADs – Employment authorization documents are filed for a specific length of time depending on immigration status and prove the right to work for certain immigrants who are not here with work visas, including:
Students with F-1 or M-1 visas Family of a visa holder Fiancé(e), spouse, or children of a U.S. citizen Spouse of an H-1, L-1, or E1/2/3 visa holder.

Asylees Refugees Domestic servants

You are not allowed to apply for a new EAD more than 120 days before the current one expires, but you should be sure to apply at least 45 days in advance of expiration.

You should also apply for a renewed work visa at least 45 days in advance, and preferably sooner.

Check your visa to see when it expires.

You can find information on all the visas at the site of the U.S.

Citizenship and Immigration Services (USCIS).

Here are some of the more common work visas and their expiration dates:
H-1B – Specialty Occupations and Fashion Models – Up to 3 years, with a 3 year extension possible.

Workers with these visas may also apply for a Green Card for permanent residence.H-2B – Non-Agricultural Workers – Up to 1 year, with two 1 year extensions possible.L-1A – Intracompany Transferee Executive or Manager – Up to 3 years, with two 2 year extensions possible.L-1B – Intracompany Transferee Specialized Knowledge – Up to 3 years, with a 2 year extension possible.TN – NAFTA Professionals – 3 years, with unlimited renewals of 3 years.

Workers can apply to renew without leaving the states, or they can leave and return with their same initial documentation.E-1/2/3 – Treaty Traders / Investors; Specialty Occupations from Australia – Up to 2 years, with unlimited 2 year extensions possible., Most work visa types will allow you to reapply for a different type of work visa when you reach the extension limit of your current visa.

See the Form I-129 Instructions to see if you are eligible to change visa status. , An application for extension of a work visa will usually need to be made by your employer.

You should talk to them at least four months before your current visa expires about an extension. , The employer will take care of most of the paperwork, but the employee will need to provide his or her Form I-94, Arrival-Departure Record, with the admission number (aka Departure Number) and the date of expiration of his or her stay.If the employee was issued an electronic Form I-94, he or she may obtain a paper version for free at the Customs and Border Protection (CBP) website.

If the employee has lost his or her Form I-94, he or she can obtain a free replacement at the Customs and Border Protection (CBP) website by filing Form I-102.

Form I-102 may be filed alongside the application for extension (Form I-129). , All foreign language documents submitted to USCIS must be accompanied by an English translation certified to be complete and accurate by the translator.

About the Author

S

Susan Flores

Enthusiastic about teaching organization techniques through clear, step-by-step guides.

136 articles
View all articles

Rate This Guide

--
Loading...
5
0
4
0
3
0
2
0
1
0

How helpful was this guide? Click to rate: