Thirteen months waiting for a work permit: Lawyer explains what to do

Lawyer Liudmila Marcelo explains what to do if you have been waiting for over a year for your work permit in the U.S. and how to act if your employer denies the extension.



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The immigration lawyer Liudmila Marcelo warned this week that there are individuals who have been waiting up to 13 months for their work permit in the United States, and explained step by step what those in that situation can do.

«There are people who have been waiting for work permits for almost a year now, and some for 13 months, which is over a year,» declared Marcelo during an interview with Tania Costa on CiberCuba, where he answered questions from the Cuban community about the lengthy wait times for work permits.

The lawyer noted that the only approvals she has received recently correspond to a very specific profile: “This week, I received two approvals for work permits under the C9 category, which pertains to status adjustment under the Cuban Adjustment Act. Again, these are two minors who entered through CBP with their family and were born in Spain.”

Marcelo observed a clear pattern in the cases that USCIS is processing: "Those that have come to me have always been, interestingly, minors with Spanish citizenship by birth. So I believe that the cases they are handling are those who are not Cubans by birth but have this type of citizenship."

In response to a question from a viewer identified as Janet Almaguer, who has been waiting for her permit for 13 months, the lawyer was straightforward: "I always emphasize that they should insist on calling USCIS. And whenever they call, when asked how we can assist you, say InfoPass, because that’s the only way they connect you with an officer."

The number to call USCIS is 1-800-375-5283, available Monday to Friday from 8 a.m. to 8 p.m.

A viewer named Eli Fernández also shared an alternative trick: "The last few times I called USCIS, the InfoPass didn't work for me, but I say 'reschedule interview,' and they immediately connect you with someone."

Marcelo also warned about a critical problem faced by those in the renewal process: some employers refuse to accept the extension of the permit when the new document has not yet arrived, which is illegal.

"The extension is not something your employer can choose to accept or not. The extension must be accepted because it indicates that your work permit has not expired; rather, it is being granted an extension period by the government for that specified date," clarified the lawyer.

Her recommendation for those facing that rejection at work was clear: "Always go to see human resources, meaning the person who is at the higher level of hiring, and bring with you all the explanation and the receipt that states this constitutes an extension."

This scenario became more frequent after the change in the renewal of work permits that USCIS implemented on October 30, 2025, when it eliminated the automatic extension of the permit for most categories, increasing the risk of losing work authorization during the processing period.

Marcelo also confirmed that the validity period of the work permit has changed to 18 months and that the cost of the I-765 form to apply for it has also increased recently, changes that directly affect Cuban immigrants who rely on this document to work legally in the country.

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CiberCuba Editorial Team

A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.

CiberCuba Editorial Team

A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.