News & Insights

1. Understanding EAD Renewal Eligibility

Under U.S. immigration law, specifically the Immigration and Nationality Act (INA) and accompanying regulations, pending asylees are allowed to apply for EAD renewal. The expiration of your previous EAD does not disqualify you from filing for a renewal. However, you must ensure that your asylum application is still pending with USCIS or the Immigration Court.

The relevant regulation, 8 C.F.R. § 274a.12(c)(8), allows individuals with a pending asylum application to seek work authorization.

2. Steps to Renew Your EAD

Follow these steps to ensure a smooth application process:

Step 1: Gather Necessary Documents

• Form I-765: Complete this application for employment authorization. Indicate “Renewal” in Part 1.
• Filing Fee or Fee Waiver: Check the USCIS website for the current filing fee. If you cannot afford the fee, you can submit Form I-912 (Request for Fee Waiver).
• Proof of Pending Asylum Application: Include a copy of your asylum application receipt notice (Form I-589) or other evidence that your case is still active.
• Copy of Expired EAD: Submit a copy of your expired EAD card as part of the application.

Step 2: Submit Your Application

• Mail your completed Form I-765 and supporting documents to the address listed for your eligibility category (c)(8) on the USCIS website.
• Use certified mail or a courier service to track your application.

3. Will Your Application Be Rejected?

No, your application will not be rejected solely because your previous EAD has been expired for a long time. However, you must:

• Ensure your asylum case is still pending.
• Submit a complete and accurate application with all required documentation.

4. Practical Tips

• File as Soon as Possible: Avoid further delays in securing work authorization.
• Track Your Case: Use the USCIS case status tracker to monitor your application.
• Legal Assistance: If you encounter difficulties, consider consulting an immigration attorney or an accredited representative.

Conclusion

Yes, you can file for EAD renewal despite the significant gap since your EAD’s expiration. The key is to ensure that your pending asylum status is active and to submit a complete and accurate renewal application. Taking these steps promptly will help you regain the ability to work legally in the U.S.

For More Information, Visit:

• USCIS Employment Authorization Page
• Form I-765 (Application for Employment Authorization)
• Form I-912 (Request for Fee Waiver)