Work Permit
Your work permit can remain valid.
A timely BIA appeal does not only stop deportation — in most cases it also allows you to keep and renew your work permit while the case is pending.
What you need to know about your EAD
The EAD generally continues
If you filed a timely BIA appeal, your existing work permit generally remains valid while the case is pending before the BIA. The judge's order does not become final, and your asylum applicant status (or the basis of your EAD) remains active.
You can apply for renewal
While the appeal is pending, you can generally file a renewal or extension application for your EAD (Form I-765). This is especially important for those with an asylum-based EAD (category (c)(8)).
Do not wait for it to expire
Do not assume the EAD renews itself. You must file the renewal application with enough time before your current card expires. If the card expires without a renewal application on file, you may lose your legal work authorization.
The 30-day deadline is the key
All of the above depends on the appeal having been filed within 30 calendar days of the judge's decision. If that deadline is missed, the order becomes final and the basis for maintaining the EAD disappears. That is why the 30-day deadline is so critical.
Why does the work permit matter?
For many families, the work permit (EAD) is what allows them to pay rent, support their children, and live with dignity while the immigration case moves forward. Losing the work permit is not just a legal problem — it is a family crisis. A timely BIA appeal can be the difference between continuing to work legally or not.
How we help with your EAD
We review your situation
We analyze the judge's decision, the hearing date, and the type of EAD you have to determine exactly what options are available.
We file the appeal on time
We file the Notice of Appeal (EOIR-26) within the 30-day deadline, which preserves your right to remain in the U.S. and keeps the basis of your EAD active.
We guide you on renewal
We explain when and how to file the EAD renewal application (I-765) so there are no interruptions in your work authorization.
Ongoing follow-up
We keep you informed about the status of your appeal and notify you in advance when it is time to renew the EAD again.
Questions about your work permit?
Every case is different. Contact us today for an evaluation of your specific situation.
ATTORNEY ADVERTISING. The information on this page is general and educational. It does not constitute legal advice and does not create an attorney-client relationship. Prior results do not guarantee similar outcomes. Consult a licensed attorney regarding your specific case.