Updated: August 25, 2026

Work permit expired but renewal is pending: can I work?

Q: Work permit expired but renewal is pending: can I work?

In most cases no. Since October 30, 2025 a DHS interim final rule ended the automatic 540-day extension for most renewals filed after that date, so work authorization stops when the card expires.

In most cases no. A DHS interim final rule that took effect on October 30, 2025 ended the automatic 540-day extension for most renewals filed after that date. Work authorization now generally stops the day the card expires, unless your category has a separate extension, as some TPS-based EADs do.

What changed on October 30, 2025

Before this date, many people who filed a renewal on time automatically kept work authorization for up to 540 days after their card expired. A DHS interim final rule ended that automatic extension for most renewal applications filed after October 30, 2025.

The result: for most categories, when the card expires, work authorization stops, even if the renewal was filed on time and is still pending.

If you filed your renewal on or before October 30, 2025, the old rules may still apply to that filing. Look at your receipt notice and check the current guidance for your category on the USCIS website before making decisions.

What you can do

File your renewal as early as possible. USCIS accepts Form I-765 renewals up to 180 days before the current card expires.
Plan for a gap. I-765 processing is currently running well over 6 months, so a renewal filed late will likely not arrive before the card expires.
Track your case online and keep your receipt notice (Form I-797C).
Keep copies of everything you send and receive, and check the USCIS processing times tool so you know what wait is normal for your category.

Exception: TPS-based EADs

TPS-based EADs can have separate automatic extensions that DHS announces country by country. If your work permit is based on TPS, check your country's page on the USCIS TPS site before assuming your card is no longer valid.

The official page for the form is uscis.gov/i-765.

Talking to your employer

Employers are required to verify work authorization, so they cannot keep you on the schedule with an expired card unless an extension applies to your category. Raise the topic early, share the official USCIS pages, and ask whether unpaid leave is possible until the new card arrives.

Never use false or borrowed documents, and do not keep working without authorization. That creates far bigger problems for future applications than a gap in work.

Quick answers

How early can I file an EAD renewal?
Up to 180 days before your current card expires. File as early as possible, because I-765 processing is running well over 6 months.

Do TPS work permits still get automatic extensions?
Sometimes. TPS-based EADs can have separate automatic extensions announced per country. Check your country’s TPS page on the USCIS website.

For your personal situation, confirm the details with a licensed immigration attorney or a DOJ-accredited representative.

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