Many work permits are extended for 540 days

Asylum seekers and some other immigrants can continue to use their work permits for 540 days after the original expiration date! This is an increase from the previous 180-day extensions. To receive the 540-day extension, you must apply to renew your work permit before the expiration date written on your work permit card.

Thank you to the thousands of ASAP members who worked together to make this change possible!

How do I get the 540-day extension as an asylum seeker?

To get the 540-day extension, you should apply to renew your work permit before the expiration date on your current work permit card. If U.S. Citizenship and Immigration Services (USCIS) receives your work permit renewal on or before the expiration date, your current work permit will be automatically extended. After your application is received, USCIS should send you a receipt notice saying that your work permit is automatically extended for 540 days.

Learn how to submit a work permit renewal application here.

How long can I work after the original expiration date on my work permit card?

If USCIS receives your work permit renewal application on or before the expiration date, your current work permit is automatically extended for 540 days past the expiration date, or until you get your new work permit, whichever happens first.

For example, if your work permit has a written expiration date of July 1, 2024, USCIS must receive an application to renew your work permit on or before July 1, 2024.

Then, you can google “540 days after July 1, 2024” to learn that you can continue using your work permit until December 23, 2025, or until you receive your new work permit, whichever happens first.

How can I show my boss that my work permit has been extended for 540 days?

You can show your employer your receipt notice and this USCIS webpage to help them understand the 540-day extension. The USCIS web page is also available in other languages—you can find translation links near the top of the page.

What if my boss is confused or has more questions about my work permit extension?

If your boss or employer still has questions about your work permit extension, they can call this USCIS phone number for employers, and a USCIS official should answer their questions: 888-464-4218.

If you have questions about your work permit extension, you can also call this USCIS number, available in English and Spanish: 888-897-7781.

If your employer is still confused, you or your employer can also call a government office called the Immigrant and Employee Rights Section of the Civil Rights Division of the Department of Justice. The phone numbers are 1-800-255-8155 for employers, and 1-800-255-7688 for employees. Both phone numbers can receive calls in English and Spanish.

My work permit application is not based on asylum. Does the extension apply to me?

Maybe. The 540-day extension applies to several types of work permits, but unfortunately it does not apply to all types. For example, the extension does apply to people who applied for work permit renewals based on:

• a pending asylum application

• winning asylum

• winning withholding of removal

• a pending application for permanent residence based on family or employment

You can visit this government webpage to see a complete list of work permit categories that are eligible for the extension.

Note: The 540-day extension no longer applies to work permit renewal applications based on Temporary Protected Status (TPS). However, you may still qualify for a different length of extension depending on your country of TPS. Learn more here. 

Can I use this extension to renew my driver’s license?

Probably! Most states should accept this extension if you show your work permit card and your receipt notice when you go to the Department of Motor Vehicles (DMV). You can also show them this USCIS webpage which explains the extension.

Each U.S. state has different rules about driver’s licenses for immigrants, and ASAP members sometimes report that they have different experiences even at different DMV offices in the same state. Learn more about driver’s licenses here.

What if I submitted my renewal application after my work permit had expired?

If you submitted your renewal application after your work permit expired, you are not eligible for the automatic extension. 

There may be other ways to try to speed up the processing of your work permit renewal, depending on your circumstances. Click here to read steps you can take. (Even though the question says it is about work permits not based on asylum, you can still try Steps 1, 2, or 5 explained in the answer.)

I’m still confused and have more questions about this policy. What can I do?

If you are an ASAP member, you can email our staff at [email protected] with questions. We will do our best to respond as quickly as possible.

Thank you to all of the ASAP members who fought for this change!

Thousands of ASAP members have told us that government delays and work permits are your two biggest issues of concern. We are so grateful to every member who raised this issue, and who took action to solve this problem. Thanks to you all, we were able to change government policy so that more asylum seekers, asylees, and other immigrants can work in the United States without interruption!