USCIS issues a work permit, officially known as the Employment Authorization Document (EAD), to foreign nationals residing and working in the United States. Although the EAD looks just like a plastic card with your photo, it's an official document that serves as proof that you are legally authorized to work in the US. It's against the US immigration policy for foreigners to work without a permit. Losing your EAD or discovering an error in it is not a nice experience. However, you can request a replacement for your work permit.
Whether stolen, lost, damaged, or printed with the wrong information, there’s a way you can request a new one from the US Citizenship and Immigration Services (USCIS). Let’s see in detail everything you need to know about replacing your work permit. From knowing when a replacement is necessary to knowing the forms and documents you need, to the costs, and other important tips.
When Do You Need to Replace a Work Permit?
Since the EAD is proof that you’re legally authorized to work in the US, it is very important that you can provide this document when it is requested by the right authorities. However, life happens, and situations that warrant the need for the replacement of your work permit might come up. Here are the most common reasons for a replacement of a work permit:
1. Lost or Stolen Work Permit
You need to replace your work permit if you lose it. Losing your work permit could happen when moving houses or if it's stolen alongside your wallet or purse; life happens. Without your card, proving you are legally permitted to work in the US as a foreign national can be difficult. Quickly obtaining a replacement helps you avoid employment and authority issues. Filing a police report is also important to protect against identity theft.
2. Damaged or Destroyed Card
If your work permit is bent, cracked, water-damaged, or unreadable, then you should consider getting a new one. This is because if your card is affected by any of the things listed above, it is considered invalid by USCIS, even if it is not expired. Getting a replacement ensures you have a clean, scannable EAD.
3. Incorrect Information on the Card
Something as little as a missing letter in your name can render your work permit invalid. Sometimes, USCIS may issue a work permit with errors, or you may have provided incorrect details. This might be a misspelled name or a wrong date of birth. If the mistake is from the USCIS end, you might not have to pay for a replacement. However, if it’s at your end, you will have to pay for a replacement.
4. Change in Immigration Status
A change in immigration status, such as moving from an asylum application to waiting for permanent residency approval, requires updating your work permit. You may need a new EAD to show your current status, and this is because different immigration status grants different work rights. For those waiting for green card approval, you must still renew your EAD until your permanent resident card is issued.
5. Card Never Arrived
Peradventure, your EAD has been approved, but you never got it, then you might want to check with USCIS to know what the issue is. You may not have received your card due to a mail issue. If, after 30 days since your approval, your card has not arrived, you can file a non-delivery claim. After doing so, you can request a replacement at no additional cost.
6. Card Expiration
Every EAD issued to a foreign worker has a validity period, clearly written on it. It may be valid for one or two years, depending on your immigration category. Once it expires, you no longer have the right to work in the US. If your EAD is close to expiring and your employer wishes to extend your employment, you can apply for a new work permit. Although USCIS treats this as a renewal, you still have to fill out the Form I-765 for the application for employment authorization.
How to Replace Your Work Permit
Replacing your work permit is a formal process that requires key documents, including forms, payment evidence, and other supporting documents. Here is a breakdown of how to replace your work permit.
1. Fill Out the Form I-765
The first step is to complete Form I-765, which is required for the employment authorization application. To get this form, you have to download it from the USCIS website. It’s important you avoid third-party sites and use the official USCIS website.
On the form, you’ll find a section to explain why you need a replacement EAD. Be careful to fill it out accurately and check for spelling mistakes in your name, e-mail address, and other information to avoid delays or having to redo the process.
2. Prepare Your Documents
Along with Form I-765, you’ll need to submit supporting documents such as:
- Means of identification, such as a passport or a national ID card.
- A copy of your current or previous Employment Authorization Document, if available.
- Two identical passport photographs taken within the last 30 days with your name and Alien Registration Number (A-Number) printed on the back.
- Your immigrant visa
- An immigration approval notice from USCIS
- Immigration documents showing your immigration status, such as the Form I-94.
- Payment receipt, if it applies to you.
3. Pay the Application Fee
Once you’ve gotten your documents together, the next thing is to pay for the filing of a new work permit. However, you don’t have to pay if the issue with your EAD is from USCIS. Paying the fee costs $410, plus an additional $85 biometrics fee in some cases. You can either make your payment with your credit card or via cheque. If you need financial aid, you can apply for a fee waiver with Form I-912 and proof of hardship. Double-check with USCIS, as fees are subject to change.
4. Submit Your Application
You can either apply for a work permit replacement online via the online application system or physically via mail. Online filing is for certain categories, and it’s usually faster, and you can easily track the progress of your application. For mail filing, send your documents to the USCIS lockbox facility based on your state. Refer to Form I-765 instructions for the correct address. Keep a copy of your entire application package.
5. Wait For a USCIS Receipt Notice
Once ISCIS has received your application, you have to wait for a response from them. In this regard, they will issue a Form I-797C Notice of Action, which will serve as your receipt notice with a unique case number. With this case number, you can track your application on the USCIS Case Status website. The receipt notice is very important, and you must keep it safe. You can tender it in situations where your EAD is being requested.
6. Biometrics Appointment
There are some applications that require a biometrics appointment, and if yours is one of them, you may need to schedule an appointment at an Application Support Center in your state of residence. At your appointment, you will be required to provide your fingerprints, photo, and signature. Also, ensure you go with the necessary immigration documents.
7. Wait For the Application Processing Times
Approval of work permit applications typically takes between 2 and 6 months. Yes, it could be that long. The application processing times depend largely on your case category and which USCIS service center handles your case. You can easily check the current processing times on the USCIS website by selecting “Form I-765” and your corresponding service center.
8. Receive Your New EAD
When the processing period is over and the replacement of your work permit is approved, you will get your new permit via mail. To this effect, ensure that your mailing address matches the one registered with USCIS. If it does not correspond to your permit, it might not be delivered. However, in the case where you move houses during the process, you can file an AR-11 Change of Address within 10 days of moving houses.
What to Do If Your Work Permit Is Lost or Stolen
Losing your work permit or having it stolen is stressful, but it’s a situation many immigrants face. If this happens, here are the key steps to protect yourself aside from filing for a replacement:
1. File a Police Report
When you lose your work permit or if it's stolen, it’s important that you don’t leave things to chance. It’s recommended that you file a police report in case of identity theft. Doing this will protect you against identity theft since your EAD contains all your important details, such as your date of birth and Alien Registration Number.
2. Notify USCIS and Other Authorities When You Suspect Identity Theft
When you notice or suspect that someone else is using your EAD or if you believe someone might misuse your missing or stolen EAD, report it to USCIS. Situations may arise where your stolen or missing EAD is used to work illegally under your identity. All you need to do is contact USCIS, the Department of Homeland Security, or request fraud alerts from the Federal Trade Commission (FTC) to protect yourself.
3. Keep Your Employer Informed
Another thing you should do when you lose your work permit is to inform your employer. Let your employer know that your EAD is missing or stolen, and notify them that you are in the process of obtaining a new one. You might have to show your receipt notice to your employer to show that you are maintaining your work authorization.
4. Take Precautions Going Forward
Once you’ve successfully gotten a replacement for your work permit, ensure that you’re careful with it. Although the EAD is something you must carry with you at all times, it’s important that you keep it safe. A better alternative is having a photocopy with you all the time, while you keep the original somewhere safe at home.
Can You Work While Waiting for a Replacement?
Working without work authorization can lead to employment termination and complicate your immigration record. When you lose your work permit, one of the things that might cross your mind is if you can work while you wait for the replacement of your work permit. Well, the answer is simple and short. Yes, you can work while waiting for a work permit replacement, but under certain conditions, which are highlighted as follows:
1. If Your Previous EAD Is Still Valid
If your previous EAD is valid and it went missing or was stolen, you don’t have to worry about not being able to work. Even with a missing EAD, you remain authorized till the card expires. All you need to know is your card’s expiration date. Once you’ve not exceeded the expiry date, then you are good. Even though your employer requests alternative proof, such as a receipt notice, your authorization is tied to USCIS approval.
2. If You’re Eligible for Automatic Extensions
Certain foreign workers, including asylum applicants, are eligible for a 180-day automatic extension. If, however, you fall into this category, you can continue working while waiting for your replacement work permit.
3. If You Provide Your Employer With Alternatives
This is more employer-centric. Like we mentioned earlier, work authorization is what validates your ability to work in the US. Many employers, to protect themselves from immigration violations and the penalties of working with an illegal foreign worker, always ask that you provide your EAD. If your job is being threatened due to not being able to provide your EAD, providing an alternative, such as your receipt notice,will keep you in the job.
Common Mistakes to Avoid in the Replacement Process
Now that we’ve talked about everything you need to know about work authorization and the replacement of a work permit, it’s important that you have the following tips at the back of your mind to avoid issues with your application:
- Submitting an incomplete Form I-765: Ensure you fill out every required page and double-check while you’re at it.
- Making mistakes when filing the Form I-765: Errors in your details should be avoided at all costs, so ensure you take your time while filing the form and before submitting or printing. Doing this will prevent you from going through the reissue process again.
- Picking the wrong eligibility category: Even a minor error, such as selecting the incorrect code, can result in misclassification of your application, potentially leading to delays or requiring reapplication.
- Missing photos: Your passport photograph is what shows USCIS that you’re a real person, not some robot. When attaching your photos, ensure it’s a recent one to avoid rejection.
- Using the wrong mailing Address: This is a very common application error, and it leads to undelivered cards. Ensure that the mailing address in your application matches the address where you are staying. If you happen to move places, ensure you update your new address with the right authorities.
Conclusion
As a temporary resident in the US, your work permit is important, and losing or damaging your US work permit can feel overwhelming. The replacement of your work permit is quite easy as long as you know what to expect. From filling out the Form I-765 to gathering all your supporting documents and paying the necessary fee, you can obtain a new one. It’s not a fast process, as the processing period could take several months; all you need to do is act quickly and follow up with your application. For guided support, you can seek the aid of an immigration adviser.
