How to Avoid Gaps in Employment Authorization After Your US Visa Expires

Published: January 14, 2025

US employers must verify the work authorization of all foreign employees. An employment authorization document (EAD) is a government-issued permit certifying one’s right to legally work in the US for a certain period. Unfortunately, processing delays restricted the number of foreign workers securing employment through EADs. 

In 2021, there was a surge in initial and renewal filings for EADs. As a result, the government couldn’t process them quickly enough, increasing the risks of gaps in employment authorization. 

Here, we’ll discuss the potential consequences of employment authorization gaps and strategies to avoid them. 

Implications of Gaps in Employment Authorization

Failing to maintain valid employment authorization can seriously affect employees and employers. That’s particularly true when foreign employees depend on work permits to work in the US legally. Here are the potential implications when experiencing a gap in employment authorization: 

As an employee

Foreign workers cannot legally engage in employment when the EAD expires. Remember, employers must verify the employee’s work status before offering employment. Yet, besides the difficulty of securing new positions, a gap in employment authorization can lead to unexpected job loss once employers discover the work permit is no longer valid. 

Unfortunately, approximately 8.8 million immigrants work without legal authorization in the US workforce. Although possible, working without a valid employment authorization can affect one’s immigration status and visa application. USCIS will review the individual’s past work history for any unauthorized employment.

Engaging in employment without a work permit can result in unlawful presence. Depending on the severity of the violation, it can subject an undocumented worker to a three —or ten-year period of re-entry bars to the US. 

As an employer 

Suppose the validity of the worker’s EAD on file expires, and they fail to present a new proper document for proof of eligibility to work. The employer must remove the worker from the payroll. Some employers may consider retaining or hiring them. However, doing so can only result in civil and criminal consequences. 

The specific circumstances of illegal employment can impact the potential liability of illegal employment. But, according to US Code § 1324a of the Immigration and Nationality Act (INA), the fines for knowingly hiring unauthorized employees can be as high as $10,000 per worker.

Strategies to Avoid Gaps in Employment Authorization

Given such potential consequences, foreign workers must take the following proactive steps to avoid gaps in their employment authorization. 

Submit your EAD renewal application early

Early application of your EAD is crucial. Doing so provides enough time for processing, minimizing the risk of gaps in your work authorization. USCIS recommends renewing an existing EAD within six months before its expiration date. Filing your EAD renewal application over 180 days before it expires can hinder your ability to work legally in the US. 

Monitor current USCIS processing times

USCIS processing times can vary. However, since the agency regularly updates them for various applications, you can gain an insight into your potential wait times. Monitoring these timelines can assist you in planning your renewal application more effectively and preventing potential delays. Hence, check the USCIS website for updates on the latest EAD application processing times.

Check eligibility for an automatic extension

Some applicants may be eligible for an automatic extension of their employment authorization while their renewal application is under review. 

Under the temporary final rule published by the Department of Homeland Security (DHS), those who timely filed EAD renewals between May 2022 and October 26, 2023, may qualify for automatic extensions. Check your eligibility for an automatic EAD extension. 

Work With ALG Lawyers for Personalized Guidance

Continuous employment authorization (EAD) is critical for ensuring compliance with immigration laws. To preserve your legal authorization to work in the US, you must renew your EAD before it expires. Proactive planning and timely filing can help minimize the disruption of processing delays and the consequences of employment authorization gaps. 

However, since each case varies, getting personalized guidance to make an informed decision. 

Our team at ALG Lawyers, Los Angeles Immigration Lawyers, has decades of experience handling various cases and providing solutions based on your specific immigration concerns or goals. To help you get started, arrange a consultation with our law firm today.