Many immigrants depend on it Work authorization document (EAD) for work legally in the United States. However, not everyone is aware of the consequences Continued employment if the permit has already expired. Immigration law is strict on this point and provides for sanctions that can affect status, future extensions and even residency procedures.
In the last few months the United States Citizenship and Immigration Services (USCIS updated automatic renewal procedures and deadlinesleading to confusion among those who still don’t know whether they can continue working while waiting for their renewal.
The general rule is clear: if your category does not provide for automatic renewal, working beyond the expiry may be considered unauthorized employment.
Understand these regulations It is important to avoid sanctions that can impact immigration history. Non-compliance, even due to ignorance, can have lasting consequences.
Working with an expired EAD This is unauthorized employment under the Immigration and Nationality Act (INA). This means that the immigrant temporarily loses his right to work and, if he continues to work, commits a violation of immigration regulations. The severity of the case depends on the duration of the illegal employment and the category of the immigrant.
According to USCIS, people working with an expired EAD may experience problems three consequences primarily.
1) Loss or impairment of your current immigration status
If the authorization was tied to a temporary status – such as asylum, TPS, VAWA or parole – working without authorization may be interpreted as failure to meet the conditions of benefits.
2) Problems in renewing the permit in the future
The agency may consider the history of unauthorized employment as a negative factor and, in some cases, require additional explanations or evidence to correct the status.
3) Direct impact on future green card applications
For those seeking adjustment of status, working without permission can be an obstacle. Forgiveness can be granted in most immediate family categories, but such forgiveness does not exist in many categories based on employment or family preference.
The scene changes If the applicant’s category has automatic expansionas is the case with various asylum, TPS, refuge, or approval classifications based on I-765(c)(9). In these cases permission extends over 540 daysThis allows the employee to continue their employment as long as they have submitted the extension on time.
However, Thousands of immigrants don’t know whether their category belongs. The confusion was compounded by USCIS updating the eligibility list several times in recent years. Assuming you have an automatic renewal when you actually don’t has the same effect as working without a valid permit.
The Employer You also face sanctions. The law requires a check of the work permit by the Form I-9. If they allow an employee to continue working with an expired document and without a valid extension, They could face fines ranging from $272 to $27,894 per violationadapted by the Department of Homeland Security.
To avoid risks, USCIS recommends Submit the EAD renewal between 6 and 5 months before expirationespecially in categories without automatic expansion. Frequent delays in processing make this unavoidable.
Another possibility is Change status if there is another eligible category that allows you to apply for a new permit.
It is also possible to check whether there is an “automatic approval” benefit for TPS, asylum or impending adjustment.
If the permit has already expired and the person worked after the date expired without realizing it, this is absolutely necessary Terminate employment immediatelyContact an immigration attorney and document that work stopped as soon as the error was discovered. This helps mitigate future consequences.
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