What Happens If Your Work Permit Expires in MA?
What Happens If Your Work Permit Expires in Massachusetts?
If your Employment Authorization Document has expired or is about to expire, the steps you need to take depend heavily on when you filed your renewal. A major federal rule change in October 2025 eliminated the automatic extension that previously kept many work permits valid while USCIS processed a renewal application. That safety net no longer exists for most people, and a reader who assumes it does may already be working without valid authorization.
This post explains what changed, who is still covered under the old rules, what to do if you are not, and why the Haiti TPS termination in July 2026 created an additional layer of risk for certain EAD holders in Massachusetts.
What Changed: The End of Automatic EAD Extensions
For years, if you filed your Form I-765 renewal on time and held an EAD in one of the qualifying categories, USCIS automatically extended your work authorization for up to 540 days while your renewal was pending. You could show your expired EAD card alongside your Form I-797C receipt notice to your employer, and that combination served as proof of continued work authorization for Form I-9 purposes.
On October 30, 2025, the Department of Homeland Security published an interim final rule that ended this practice. For any Form I-765 renewal filed on or after October 30, 2025, there is no automatic extension of your EAD or your employment authorization. The receipt notice you receive after filing now states expressly that it is not evidence of employment authorization and cannot be used, by itself or with an expired EAD, to prove that you are authorized to work.
This means that if you filed your renewal on or after October 30, 2025, and your EAD has since expired, you may not have valid work authorization even though your renewal is pending. You need a new, valid EAD card in hand before you can continue working.
Who Still Qualifies for an Automatic Extension
If you filed your Form I-765 renewal before October 30, 2025, and your application is still pending, the old rules still apply. Your EAD may be automatically extended for up to 540 days from the expiration date printed on your card, provided your EAD falls into one of the following category codes: A03, A05, A07, A08, A10, A17, A18, C08, C09, C10, C16, C20, C22, C24, C26, C31, A12, or C19.
You can find your category code on the front of your EAD card. The code on your card must match the code on your Form I-797C receipt notice (with one exception: A12 and C19 are treated as interchangeable). If both conditions are met, you may present your expired EAD together with your receipt notice to your employer as proof of continued authorization.
Two additional groups remain outside the October 2025 rule. TPS holders whose EADs were extended by a Federal Register notice (categories A12 or C19) are still covered by those specific extensions, though this interacts with the Haiti TPS termination discussed below. STEM OPT participants retain their own separate 180-day extension, which was not affected by the interim final rule.
Why the Haiti TPS Termination Matters Here
On June 25, 2026, the Supreme Court decided Mullin v. Doe, 609 U.S. ___ (2026), in a 6-3 decision authored by Justice Alito. The Court held that TPS termination decisions are largely unreviewable by the federal courts and reversed the lower court orders that had been keeping Haiti’s TPS designation alive. Following this decision, Haiti’s TPS designation terminated effective July 27, 2026.
This matters directly for EAD holders because USCIS confirmed on July 29, 2026, that EADs with category codes A12 or C19 issued to Haiti TPS beneficiaries are no longer valid. Employers are required to reverify affected workers on Form I-9 and cannot continue to employ a person who does not provide proof of current employment authorization.
If you held a TPS-based EAD for Haiti and were relying on it as your work authorization, that document no longer serves as proof of your right to work, regardless of the expiration date printed on the card. This is one of the situations where an auto-extension terminates early because the underlying immigration designation itself has ended.
If you are in this situation, speaking with an immigration attorney promptly is important. You may have another basis for employment authorization, such as a pending asylum case, an adjustment of status application, or another immigration benefit. But you need to confirm that before continuing to work.
Steps to Take When Your EAD Is About to Expire
The right course of action depends on your specific situation, but the general process begins with understanding where you stand.
- First, check the expiration date and the category code printed on your EAD card. The category code determines which rules apply to you and whether any extension may still be available.
- Second, determine when you filed your renewal. If you filed before October 30, 2025, and your category qualifies, the automatic extension may still protect you. If you filed on or after that date, or if you have not filed yet, you should assume that your work authorization ends when your card expires.
- Third, file your Form I-765 renewal as early as possible. The longer you wait, the more likely you are to experience a gap in your authorization. USCIS processing times remain lengthy, and without the automatic extension, there is no federal cushion to cover the wait.
- Fourth, if you have already filed, track your case through your myUSCIS account or the USCIS Contact Center. Keep your receipt notice and all filing confirmations in a safe place.
- Fifth, consult with a Massachusetts immigration lawyer before your card expires if you are uncertain about your category, your filing date, or whether you qualify for any remaining extension. The consequences of getting this wrong are serious, and an attorney can review your full immigration history to identify the best path forward.
What to Tell Your Employer
Employers in Massachusetts are required to verify work authorization through Form I-9, and many do not understand the details of the October 2025 rule change. If your employer asks about your status, the answer depends entirely on when you filed.
If you filed your renewal before October 30, 2025, and your category qualifies, you may present your expired EAD card together with your receipt notice as evidence of continued work authorization. Your employer should accept this combination for I-9 purposes.
If you filed on or after October 30, 2025, your receipt notice is not proof of work authorization. The notice itself says so. You will need to present a valid, unexpired EAD or another acceptable document to satisfy I-9 requirements. If you do not have one, your employer may not legally continue your employment.
This is not a situation where your employer is being difficult. Federal law requires them to verify your authorization, and knowingly employing someone without valid documentation exposes the employer to significant penalties.
Consequences of Working Without Authorization
Working without a valid EAD can create problems that reach well beyond losing your current job. Unauthorized employment can be used as a factor in future immigration decisions, including applications for a green card or naturalization. In some cases, USCIS considers periods of unauthorized work when evaluating whether to approve or deny an application.
For employers, hiring or continuing to employ someone without valid work authorization carries federal penalties. Companies also conduct internal audits and respond to government audits that can result in termination or other action.
The best way to protect yourself is to know your category, understand which rules apply to your filing date, and take action before your card expires rather than after.
Talk to Brooks Law Firm Before Your Work Permit Expires
If your EAD has expired or is about to, an immigration attorney can review your complete filing history, confirm whether any extension applies to you, and help you file a renewal correctly the first time. The October 2025 rule change means there is far less room for error than there used to be, and the consequences of a gap in authorization are harder to fix than they are to prevent.
Reach out to Brooks Law Firm today to schedule a free consultation. We will give you an honest look at where you stand and what your options are. Call (617) 245-8090 or contact us through our online form.
Frequently Asked Questions
Does an expired EAD automatically trigger deportation?
No. An expired EAD does not by itself mean that you are in removal proceedings or that you will be deported. Your EAD documents your work authorization, but your underlying immigration status is a separate question. That said, working after your authorization has ended can create problems for future immigration applications, so you should clarify your status with an attorney rather than assume you are protected.
Can I still renew my EAD after it expires?
You can file a renewal application even after your EAD has expired. However, if you filed on or after October 30, 2025, you cannot legally work while you wait for USCIS to process that renewal. Filing late creates a gap in your work authorization that may affect your current employment and complicate your immigration record.
What if I filed my renewal before October 30, 2025?
If you filed a timely renewal before October 30, 2025, and your EAD falls into one of the qualifying category codes listed above, your work authorization may be automatically extended for up to 540 days from the expiration date on your card. You can present your expired EAD with your Form I-797C receipt notice to your employer as proof. This extension ends when USCIS decides your case or after 540 days, whichever comes first.
What happened to Haiti TPS work permits?
Haiti’s TPS designation terminated effective July 27, 2026, following the Supreme Court’s decision in Mullin v. Doe. USCIS confirmed that EADs with category codes A12 or C19 issued to Haiti TPS beneficiaries are no longer valid. If you held a Haiti TPS-based EAD, you should speak with an immigration attorney about whether you have another basis for work authorization.
Can I travel while my EAD renewal is pending?
Leaving the United States while a renewal application is pending can create serious reentry problems, depending on your immigration status. A pending EAD renewal does not by itself guarantee that you can return. You may need a separate travel document, such as advance parole, depending on your category. Speak with an attorney before traveling.
