What Happens if My Visa Expires in the U.S.?
Working in the United States is the dream of many. Whether a person wants to come to support their family or to pursue a path towards citizenship, the American dream is a palpable, tangible thing. It is a life goal for many to live and work in the United States. It is our goal to help our clients achieve that goal and to support them when issues arise. For a consultation with an effective work authorization permit lawyer, contact Sesini Law Group.
Authorization to work in the United States
An employment authorization, known popularly as a “work permit,” is a document issued by the United States Citizenship and Immigration Services (USCIS) that gives the holder a legal right to work in the US. It is different than a green card.
Certain non-citizens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request employment authorization. An employment authorization is issued for a specific period of time. Foreign nationals with an employment authorization can often work in the United States for any employer, though some categories restrict work to a specific employer or program. Through another program, noncitizens who are sponsored by specific United States employers and issued temporary work visas are authorized to work for that sponsoring employer.
Processing times for Form I-765 can vary significantly depending on the applicant’s category and current USCIS backlogs.
Renewals No Longer Extend Automatically
This is the most important recent change for anyone holding a work permit. For renewal applications filed on or after October 30, 2025, DHS eliminated the automatic extension that previously kept employment authorization valid while a timely-filed renewal was pending. The receipt notice now states expressly that it is not evidence of employment authorization.
In practical terms, your right to work ends on the expiration date printed on your card, even if you filed on time and USCIS has not decided your case. Limited exceptions remain, including certain TPS-related documents extended by Federal Register notice. Given current processing times, filing as early as your category permits is now essential to avoid a gap.
Applying for an Employment Visa
People who would like to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa either from within the United States through adjustment of status or from outside the country through consular processing. Entry in this category is limited; therefore, there may be long waits. The U.S. Department of State is the agency that allocates and grants visa numbers. Employment-based visas are limited to at least 140,000 per year, and the actual figure is higher in years when family-preference numbers go unused.
Additionally, there are limits to the percentage of visas that can be allotted to each country. Visa availability and wait times vary depending on the applicant’s category and country of chargeability. If you are interested in obtaining a visa in a competitive category such as employment, it is particularly helpful to have the advice and assistance of an experienced immigration attorney.
Contact a Work Authorization Permit Lawyer in Milwaukee
If you would like to apply for a work authorization, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request to obtain legal advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition or waiver request. Contact Sesini Law Group for a consultation.
