The Consequences of Working on an Expired EAD in the United States

Non-citizens working in the United States are subject to strict immigration regulations. Working on an expired Employment Authorization Document (EAD) can have severe consequences. This article discusses the potential penalties and long-term impacts of unauthorized employment, highlighting the importance of maintaining compliance with regulations.

Loss of Employment Authorization

One of the most immediate consequences of working on an expired EAD is the loss of work authorization. Once your EAD expires, you are no longer legally permitted to perform work in the United States. Continued employment in this situation can result in legal issues, fines, and other penalties.

Immigration Consequences

Working without a valid EAD can have serious immigration repercussions. This unauthorized employment can negatively influence your application for future immigration benefits or status changes. Moreover, it may lead to the denial of any pending applications or adjustment of status.

Employer Liability

Employers who knowingly allow an employee to work with an expired EAD can face legal repercussions. They may be subject to fines and potential loss of their ability to sponsor future employees. Employers must ensure that their workforce is compliant with immigration laws to avoid such penalties.

Unlawful Presence and Future Applications

Continuing to work after an EAD has expired can result in accrual of unlawful presence. This status can have significant repercussions, including potential bans from re-entering the United States. Additionally, if you subsequently apply for a new EAD or other immigration benefits, your unauthorized employment may complicate or even deny your application.

Extreme Cases and Deportation

In severe cases, working without authorization can lead to removal proceedings. It is crucial to address any unauthorized work as soon as possible to mitigate such risks.

What to Do If Your EAD Expires

Stop Working Immediately: If your EAD has expired, cease all work activities until you receive a new EAD.

File for Renewal: If eligible, file for a renewal of your EAD as soon as possible. It is advisable to apply for renewal at least 90 days before the expiration date to avoid gaps in employment authorization.

Consult with an Immigration Attorney: If you are unsure about your status or the implications of working on an expired EAD, seek legal advice. An attorney can provide guidance and help you navigate the complexities of immigration law.

Civil and Criminal Penalties for Unauthorized Employment

If you are caught working without authorization after your EAD expires, you may face civil and criminal penalties.

Civil Penalties

Civil fines for unauthorized employment can be significant. Employers can be fined up to $16,000 for each unauthorized day of work. This penalty serves as a deterrent and underscores the gravity of working without a valid EAD.

Criminal Penalties

Criminal charges may be brought against individuals who work without authorization after their EAD expires, especially if they have a prior criminal conviction for unauthorized employment. Such individuals may face misdemeanor charges and up to 180 days in jail.

Considerations for Non-Immigrant Visa Holders

If you are in the United States on a non-immigrant visa and your EAD expires, it is crucial to contact your immigration attorney to discuss your options. You may be able to apply for a new EAD or another type of visa that will allow you to remain in the United States.

How to Avoid Working Without Authorization

To avoid the risks associated with unauthorized employment, follow these steps:

Ensure your EAD is valid before starting any work. Check the status of your EAD online through the U.S. Citizenship and Immigration Services (USCIS) website. Keep track of the expiration date of your EAD. Set reminders on your phone or calendar to stay informed. Apply for a new EAD as soon as possible if your current EAD expires. Consult with an immigration attorney if you have any questions about your EAD or work authorization.

Staying informed and compliant with immigration regulations is key to maintaining your status and avoiding negative consequences. Always ensure that you are up-to-date with the latest laws and regulations to protect yourself and your employment status.