Your work permit is about to expire, but USCIS has not approved your renewal. Can you keep working while you wait?

Usually, a pending renewal alone is not enough. On October 30, 2025, the Department of Homeland Security (DHS) ended the general renewal-filing extension that had allowed certain qualifying Employment Authorization Document (EAD) renewals to extend work authorization for up to 540 days.

On October 14, 2026, DHS finalized that 2025 interim rule without changing it. The 2026 final rule did not create a new cutoff or cancel extensions already earned under the earlier rule. That distinction matters because working after authorization ends can affect both your job and your immigration case.

What the 2025 and 2026 Rules Changed

Before October 30, 2025, certain applicants who timely and properly filed qualifying Form I-765 renewals could receive an automatic extension of their EAD and, when applicable, their employment authorization while USCIS processed the application.

For covered renewals USCIS received on or after October 30, 2025, filing Form I-765 generally does not extend the expiring EAD or employment authorization.

The October 14, 2026 final rule, effective that same day, adopted the October 30, 2025 interim rule without change. The application cutoff therefore remains October 30, 2025.

For example, suppose your EAD expires on December 1, 2026, and USCIS receives your renewal on October 15, 2026. If USCIS has not approved it by December 1, the pending application and receipt notice alone generally do not authorize you to keep working. You must have another applicable extension or legal basis.

Who the Rules Affect

The change applies to categories that previously could qualify for the renewal-based extension. Examples include people with pending asylum applications (C08), pending adjustment-of-status applications (C09), and pending cancellation-of-removal cases (C10). Other previously eligible categories included refugees, asylees, certain TPS beneficiaries, qualifying E and L spouses, certain H-4 spouses, and approved VAWA self-petitioners. The practical effect differs by category.

Most people who request an EAD use Form I-765, Application for Employment Authorization. If approved, USCIS generally issues Form I-766, the physical card. For applicants whose work authorization depends on USCIS approval, the card and the underlying permission to work generally end when the current validity period ends unless another basis applies.

Some people are authorized to work because of their status or circumstances. For example, refugees, asylees, and certain E or L spouses may remain authorized while that status or circumstance continues even if the card expires, although an expired EAD may no longer prove authorization for Form I-9 purposes. Ordinary H-1B petition extensions are governed by separate rules.

When You May Continue Working After Your EAD Expires

Possibly. The rule did not eliminate every type of automatic extension or every independent basis for employment authorization. Important exceptions include:

Qualifying renewals received before October 30, 2025: USCIS had to receive a properly filed application by October 29, 2025; mailing it by then was not enough. If all requirements were met, the extension may last up to 540 days and ends earlier if USCIS denies the renewal. For certain dependent spouses, it also could not outlast the Form I-94 validity period.

Temporary Protected Status: Certain TPS-related EADs may still be extended by law or by a country-specific Federal Register notice. TPS is not a blanket exception; the governing notice and the person's circumstances control.

Other employment authorization provisions: Separate statutes and regulations, including authorization incident to status, may allow work to continue. The 2025 and 2026 rules concern the renewal-filing extension under 8 C.F.R. section 274a.13(d), not every extension in immigration law.

A pending asylum application, adjustment-of-status application, or EAD renewal does not, by itself, authorize continued employment. The rule and category that apply to the person must support the work authorization.

Notice and Form I-9 Reverification

There is generally no separate federal requirement to notify USCIS merely because your EAD expires. However, tell your employer before an approaching expiration so any required Form I-9 reverification can be completed.

Employers must reverify employment authorization when required. An employee may present any acceptable unexpired Form I-9 document or document combination. An employer generally may not demand a new EAD if other acceptable documents establish continued authorization.

An employer generally cannot continue employing a person who is no longer authorized to work.

Consequences of Working Without Authorization

Working without authorization can have serious immigration consequences, although the result depends on the person's immigration category and case.

Under INA section 245(c)(2) and (c)(8), unauthorized employment may prevent certain applicants from adjusting status to lawful permanent residence.

These restrictions do not apply equally to everyone. Certain applicants, including immediate relatives of U.S. citizens, are exempt from these particular adjustment bars. Other statutory exceptions may also apply.

Even when an exception protects eligibility for adjustment of status, it does not make unauthorized employment lawful. Providing false information or concealing unauthorized employment in an immigration application may create additional legal problems.

What to Do Before Your Work Permit Expires

Check your EAD's expiration date and the earliest date USCIS permits a renewal filing. File Form I-765 as early as allowed rather than assuming USCIS will decide the application before your existing authorization expires. Keep the receipt notice and confirm when USCIS received the filing.

Before working after the printed expiration date, identify the exact rule, law, Federal Register notice, status, or document that authorizes employment. Coordinate with your employer about Form I-9 reverification. If a processing delay threatens your job and the published criteria apply, you may also request expedited USCIS processing.

If your employment authorization expires and no exception or other legal basis applies, you generally must stop working until authorization is restored.

Remember: Filing an EAD renewal does not necessarily extend your permission to work. Before your employment authorization expires, verify whether an extension or another legal basis allows you to continue. If you are uncertain, obtain legal advice before working.

Legal References

This article provides general legal information and does not constitute individualized legal advice.