If your Employment Authorization Document, often called an EAD or work permit, expires while your renewal is still pending, whether you can keep working depends on the filing date, the eligibility category on your EAD, and whether another law or Federal Register notice extends your employment authorization.
For most Form I-765 renewal applications properly filed on or after October 30, 2025, timely filing no longer creates the general automatic extension that previously allowed certain eligible workers to continue working after the card expired. Qualifying automatic extensions that attached to eligible renewal applications filed before October 30, 2025, were not canceled by the new rule. Separate extensions created by law or a Federal Register notice can also still apply, including in some Temporary Protected Status situations.
If you live or work in New Jersey, review your EAD category, expiration date, USCIS receipt date, receipt notice, and underlying immigration case before deciding whether you can continue working. The Scheer Immigration Law Group focuses on immigration law and serves clients from its Morristown, New Jersey office.
- David Amaya Portillo
- Mubarak Ahmad
Client Testimonials
See what our clients have to say about our law firm and the people who are a part of it.
What Changed on October 30, 2025?
On October 30, 2025, the Department of Homeland Security published an interim final rule that ended the general regulatory automatic extension for most EAD renewal applications filed on or after that date.
Before the change, certain eligible renewal applicants could receive an automatic extension of employment authorization and EAD validity for up to 540 days when they timely and properly filed Form I-765 in a qualifying category. A rule that became effective in January 2025 had made the 540-day extension permanent for eligible renewals.
The October 2025 rule changed that framework for later filings. It did not cancel qualifying extensions that had already attached to renewal applications filed before October 30, 2025. It also did not eliminate extensions created separately by law or Federal Register notice, including some TPS-related extensions.
Your filing date can change the answer even when another worker has the same EAD category.
A Pending Form I-765 Does Not Always Mean You Can Keep Working
A Form I-797C receipt notice confirms that USCIS received a filing. For a renewal covered by the October 2025 rule, the receipt notice alone does not prove that an expired EAD remains valid for employment.
Before you rely on an expired EAD, review:
- The category code printed on the EAD.
- The expiration date printed on the card.
- The date USCIS received the renewal application.
- Whether the renewal was timely and properly filed.
- Whether the renewal uses the same qualifying category when the prior rules require it.
- Whether a law or Federal Register notice provides a separate extension.
- Whether USCIS issued a later notice or decision affecting the case.
For more information about employment and travel documents, visit:
https://www.susanscheerimmigrationlaw.com/travel-and-work-permit/
What If You Filed the Renewal Before October 30, 2025?
If your eligible renewal application was properly and timely filed before October 30, 2025, the prior automatic-extension rules may still apply while the renewal remains pending.
For a qualifying case, the automatic extension can continue for up to 540 days from the expiration date shown on the EAD, unless USCIS decides the renewal or another event ends the extension earlier. Eligibility depends on the filing date, category, timing, and other regulatory requirements.
Do not assume that every renewal filed before October 30, 2025, qualifies. The prior rule covered specified categories and required the renewal to satisfy the applicable conditions.
Our Legal Team
At The Scheer Immigration Law Group in Morristown, NJ, we focus exclusively on immigration law, handling everything from visas and green cards to deportation defense. With over 25 years of experience, our team is known for delivering knowledgeable, effective representation to clients across the U.S.
What If You Filed on or After October 30, 2025?
For most EAD renewal applications filed on or after October 30, 2025, timely filing by itself does not extend the expiring employment authorization or EAD.
If your EAD expires before USCIS approves the renewal, you generally must stop working unless another valid basis for employment authorization applies. An expired EAD does not necessarily mean that your underlying immigration case has ended. A pending adjustment of status application, asylum case, TPS matter, or other immigration benefit can remain pending even when a particular EAD has expired.
If your work authorization is connected to a pending green card case, visit:
https://www.susanscheerimmigrationlaw.com/adjustment-of-status/
What Did the September 2026 H-4 Court Ruling Change?
On September 10, 2026, a federal judge in the Central District of California granted preliminary relief to seven named H-4 spouses who challenged the October 2025 rule. The court set the rule aside as applied to those seven plaintiffs.
The ruling did not restore automatic EAD extensions nationwide. As of September 23, 2026, the October 2025 rule remains in effect for other affected renewal applicants unless a separate exception applies. Because the litigation is ongoing, H-4 applicants should review current USCIS guidance and any later court orders before relying on an expired EAD.
Why Your EAD Category Matters
The category code on your EAD matters because employment authorization can arise under different legal rules.
Adjustment of Status Applicants
Many people with a pending Form I-485 have a category C09 EAD. If you properly and timely filed an eligible C09 renewal before October 30, 2025, the prior automatic-extension rules may still apply if the other requirements are met.
A C09 renewal filed on or after October 30, 2025, generally does not receive the former automatic extension solely because the renewal was filed on time.
DACA Recipients
DACA work authorization is tied to the approved period of deferred action. USCIS guidance states that if your prior DACA period and EAD expire before the renewal is approved, you are not authorized to work until USCIS grants new employment authorization.
If you have a DACA renewal pending for more than 105 days, USCIS currently states that you may contact the agency to ask about the pending case.
For New Jersey DACA information, visit:
https://www.susanscheerimmigrationlaw.com/new-jersey-daca-lawyer/
Temporary Protected Status
TPS can involve separate country-specific rules. DHS may publish Federal Register notices that automatically extend certain TPS-related EADs. The October 2025 rule did not eliminate employment-document extensions that arise separately under law or a Federal Register notice.
If you have TPS, check the notice for your country and designation period instead of relying only on the general Form I-765 renewal rules.
Other Employment-Authorized Categories
Some noncitizens are authorized to work because of their immigration status or circumstances, while others must have a valid EAD. Spouses in certain nonimmigrant categories, asylum applicants, humanitarian applicants, and other groups can have different documentation requirements.
Review the exact category before deciding whether you can continue employment.
What Should You Do If Your Work Permit Has Already Expired?
Start with the documents you already have. Compare the expiration date on your EAD with the USCIS receipt date for the renewal. Identify the category code and determine whether the renewal was filed before or on or after October 30, 2025.
Then review whether a separate rule applies:
- If you have TPS, check the Federal Register notice for your country.
- If you have DACA, do not treat a pending renewal as an automatic extension of an expired EAD.
- If your EAD is connected to adjustment of status, determine whether a qualifying pre-October 30, 2025 renewal can use the prior automatic-extension framework.
- If you are in another category, check whether your status itself authorizes employment or whether you need a current EAD.
Keep copies of your EAD, Form I-765, Form I-797C receipt notice, and every later USCIS notice. These documents can matter when you review your immigration case and when your employer completes Form I-9 employment verification.
Can Your Employer Keep You Working?
Employers must verify continuing employment authorization under Form I-9 rules.
If a valid automatic extension applies, your employer may be able to review the expired EAD together with the qualifying Form I-797C receipt notice or other documentation allowed by the applicable rule.
If no valid extension or separate employment authorization exists, your employer generally cannot continue employing you after your authorization expires. The October 2025 rule did not remove the employer's obligation to verify continuing work authorization.
Questions about leave, benefits, workplace policies, or reinstatement can involve employment law, which is separate from immigration eligibility.
What About Unauthorized Employment?
Working after your employment authorization ends can create immigration consequences, but the effect is not the same in every case.
Some adjustment of status applicants can fall within statutory exceptions or other rules, while unauthorized employment can create serious eligibility issues for others. Your manner of entry, immigration category, family relationship, prior status, employment history, and pending applications can all affect the analysis.
Do not rely on a friend or coworker's experience as proof that the same rule applies to you.
Can USCIS Expedite a Pending EAD Renewal?
USCIS reviews expedite requests case by case and generally requires supporting evidence. Criteria can include severe financial loss to a person or company, emergencies or urgent humanitarian reasons, compelling U.S. government interests, or clear USCIS error.
Meeting an expedite criterion does not guarantee faster processing.
You can also review USCIS processing times and determine whether a case inquiry is available. USCIS currently states that DACA renewal applicants may contact the agency about a case pending longer than 105 days.
A New Jersey Example
Consider a Morristown resident with a C09 EAD that expires on December 1, 2026. USCIS received the renewal in August 2026. Because the renewal was filed after October 30, 2025, the prior general automatic-extension rule does not apply solely because the renewal was timely filed. If the person has no other valid basis for employment authorization, employment generally must stop when the EAD expires unless USCIS approves the renewal before then.
Now consider another eligible C09 applicant whose renewal was properly and timely filed on September 15, 2025, before the prior EAD expired. If the renewal remained pending when the EAD expired, the prior automatic-extension framework may still apply if all other requirements are satisfied.
These examples show why both the USCIS filing date and the EAD expiration date matter.
When Legal Guidance Can Help
A pending EAD renewal can affect your income, employer documentation, adjustment of status planning, DACA, TPS, and other immigration matters. A useful review starts with your category code, filing date, EAD expiration date, receipt notice, current status, and any rule or notice that applies to your case.
For information about attorney Susan W. Scheer, visit:
Official Sources
- Federal Register, Removal of the Automatic Extension of Employment Authorization Documents:
https://public-inspection.federalregister.gov/2025-19702.pdf
- USCIS notice on the prior 540-day automatic-extension rule:
https://content.govdelivery.com/accounts/USDHSCIS/bulletins/3c688ec
- USCIS case inquiry information, including the 105-day DACA renewal inquiry point:
https://egov.uscis.gov/e-request/ccpt
- USCIS policy guidance on expedite requests:
Speak With a New Jersey Immigration Attorney
If your work permit has expired or will expire while a renewal is pending, The Scheer Immigration Law Group can review your filing date, EAD category, receipt notice, and underlying immigration matter. The firm focuses exclusively on immigration law and serves clients from Morristown and throughout New Jersey.
A case-specific review can help you understand whether an automatic extension, a separate legal rule, or another form of employment authorization applies to your situation.
Call (973) 532-5330 for a legal consultation:
You can also contact the firm online:
https://www.susanscheerimmigrationlaw.com/contact-us/
This article is for informational purposes only and is not legal advice. Every immigration matter depends on its specific facts and current law. Consult an immigration attorney about your situation.