For thousands of workers in the United States, the Employment Authorization Document (EAD) is essential for legal work.?If your current EAD is close to expiring, you may wonder whether you can continue working while your renewal is being processed.?The answer depends on your EAD category, filing timeline, and whether you qualify for automatic extension under USCIS rules.
Here is a clear explanation of when you can and cannot keep working during an EAD renewal.
1. Can You Work While Your EAD Renewal Is Pending?
Yes — but only if you qualify for the automatic extension.
USCIS grants an automatic extension of up to 540 days for certain EAD categories if:
1 You submitted your renewal before your current EAD expired, and
2 Your category is eligible for the extension, and
3 You remain eligible for your underlying immigration status.
If these conditions are met, you can continue working without interruption, even if your EAD card has expired.
2. Which EAD Categories Qualify for the Automatic Extension?
The following categories are eligible for the automatic extension:
• A03 – Refugees
• A05 – Asylees
• A12 / C19 – Temporary Protected Status (TPS)
• C08 – Asylum applicants
• C09 – Adjustment of status (Green Card applicants)
• C10 – Suspension of deportation / cancellation applicants
• C31 – VAWA applicants
• A10 – Withholding of removal
• A17, A18 – Spouses of E and L visa holders
• A26 – Spouses of H-1B visa holders (H-4 EADs)
• Certain NACARA and HRIFA categories
If your category is not on the USCIS eligibility list, you cannot legally work after EAD expiry until your renewal is approved.
3. How Long Is the Automatic Extension?
• For most categories: 540-day automatic extension
• For certain TPS-specific cases: automatic extension may align with federal notices
Your extended work authorization ends when:
• Your renewal is approved, or
• The 540-day period ends
Whichever comes first.
4. What Proof Do You Need to Show Your Employer?
To keep working under the automatic extension, provide:
1 Your expired EAD card, and
2 Your USCIS I-797C receipt notice for the renewal application
The receipt must show:
• A matching eligibility category
• A timely filed renewal
Employers must update Form I-9 accordingly.
5. What If Your EAD Category Is Not Eligible?
If your category does not qualify for an automatic extension:
• You must stop working once your EAD expires
• You may remain in the U.S. if your underlying status is valid
• You can resume work only after your renewed EAD is approved
Unauthorized work can jeopardize future immigration applications.
6. What If Your EAD Renewal Is Delayed?
USCIS encourages early filing:
• You can file your renewal up to 180 days before EAD expiry
• Filing early reduces gaps in work authorization
• Keep digital and printed copies of your receipt notice
7. What Happens if Your Renewal Is Denied?
If USCIS denies your EAD renewal:
• Your automatic extension ends immediately
• You must stop working
• You may be able to appeal or reapply, depending on your category
Speak to an immigration professional if your renewal is refused.
Key Takeaway
You can work while your EAD renewal is pending only if your EAD category is eligible for the USCIS automatic extension and you filed your renewal before your expiration date.?If your category is not eligible, you must stop working once your EAD expires and wait for USCIS approval.
Disclaimer
This article is for informational purposes only and does not constitute legal or immigration advice.?EAD rules and automatic extension eligibility may change under updated USCIS policies.?Always verify the latest information on the U.S. Citizenship and Immigration Services (USCIS) website before making decisions.
November 29, 2025