If you renewed your work permit on time, but the new one does not arrive before your current one expires, you technically must stop working. This was explained by immigration lawyer Wilfredo Allen III in a live program with journalist Tania Costa, discussing the practical impact of the definitive elimination of automatic extensions of the work permit (EAD) in the United States.
The measure, which the Trump administration announced in October 2025 and ratified as a permanent rule on October 14, 2026, eliminates the automatic extension of up to 540 days that the Biden Administration had implemented in 2022 to protect immigrants from USCIS delays. Since the rule came into effect, renewal receipts no longer include the paragraph that previously guaranteed that extension.
"Once someone applies to renew their work permit and receives the application receipt, that paragraph stating that you have an extension for 533 days or something like that will no longer be included. It won't be there," Allen III explained.
The scenario that worries the immigrant community the most is that of someone who acted with foresight: they submitted the renewal before the deadline, but the new EAD does not arrive in time. In this case, the lawyer’s response is clear: “If someone has a pending work permit or a pending renewal and the work permit expires, they technically have to stop working until the next work permit arrives.”
This scenario is more likely today than ever. The processing times for the EAD currently exceed a year in most categories, compared to the usual four to six months before. For pending asylum applicants (category C08), the delays are around 18.5 months; for status adjustment (C09), between 12 and 15 months.
What happens if you continue working with an expired EAD?
Allen III was straightforward in answering this question. "So you are working illegally. Technically yes, because you are obviously working in violation of the laws of this country."
However, the lawyer offered practical advice for those who find themselves in that situation. He stated that honesty can be the best defense. "What I can do is tell the truth in the application. Tell the truth in an interview. Look, I worked illegally because I had to support myself and had to survive. We have never lost a case," he affirmed.
Regarding the risk for employers, Allen warned that the situation is not harmless. "I can't say yes or no, but I also don't want to say no because it could technically be possible. There are sanctions for people who employ individuals without a work permit in the country." He added candidly, "If I know this government, I imagine they will pursue those measures."
The categories most affected by the removal of the extension include asylum seekers (C08), status adjusters (C09), refugees (A03), asylees (A05), H-4 spouses (C26), and beneficiaries of Temporary Protected Status. USCIS recommends submitting the EAD renewal up to 180 days before expiration to minimize the employment gap, although even that does not guarantee receiving the new permit on time given the backlog of applications.
Los cambios en las reglas del permiso de trabajo (EAD) afectan a miles de inmigrantes en Estados Unidos. Sigue toda la información actualizada sobre visas, permisos y trámites migratorios en nuestra sección de
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