An expiring work-authorization document does not automatically answer whether you can keep working. The result depends on your immigration category, the document that is expiring, any extension or replacement authorization available to that category, and the evidence you can present. When Form I-9 reverification is required, your employer must complete it by the applicable expiration date and let you choose acceptable List A or List C documents showing continuing authorization. If employment ends or hours fall and you lose job-based benefits, separate rules govern health coverage, retirement accounts, paid leave and unemployment compensation.
Start with the authorization, not just the card’s date
An Employment Authorization Document (EAD), an admission record, an immigration-status document or another piece of evidence may have an expiration date. That date is important, but it is not the entire legal analysis. Some workers have authorization tied to an underlying status; some qualify for a category-specific automatic extension; and some documents or categories are not subject to reverification at all.
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Before deciding that work must stop, identify four facts:
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- the exact document type and expiration date;
- whether a renewal, change-of-status or other application was filed and whether a category-specific extension rule applies; and
- what current evidence can be shown to the employer.
A pending renewal filing by itself should not be described as universal permission to work. Extension rules vary by category and by the evidence presented. Check the current U.S. Citizenship and Immigration Services (USCIS) instructions for that category or obtain advice from a qualified immigration lawyer before relying on a filing receipt.
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When an employer must reverify your Form I-9
USCIS requires employers to reverify certain employees whose employment authorization expires. The employer uses Form I-9 Supplement B and must complete reverification by the earlier applicable expiration date shown in the employee’s existing records or other governing instructions.
USCIS’s Form I-9 instructions state: “For reverification, employees must present acceptable documentation from either List A or List C showing their continuing authorization to work in the United States.” You choose which acceptable document to present; the employer should not demand a particular document from List A or List C.
Documents that can establish continuing authorization
List A documents establish both identity and employment authorization. List C documents establish employment authorization and are used with a List B identity document. A List B identity document is not reverified by itself. If you have an acceptable, unexpired document or other evidence recognized for your category, present it through the employer’s normal Form I-9 process.
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People and documents that are not reverified
USCIS instructions say reverification does not apply to U.S. citizens and noncitizen nationals. Lawful permanent residents who presented a Permanent Resident Card or other documentation that is not subject to reverification are also not reverified. The employer does not reverify List B identity documents. Other category-specific exceptions exist, so the current USCIS Handbook for Employers and the applicable Form I-9 instructions control.
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What happens if you cannot show continuing authorization
If reverification is required and you cannot establish continuing authorization by the deadline, the employer may be unable to continue employing you lawfully. The employer might place you on unpaid leave, reduce or stop scheduled work, or end employment, depending on its policies and the facts. Do not assume that an expired card alone proves that employment must end, and do not assume that a renewal receipt alone proves that you may keep working.
Ask the employer’s human-resources or Form I-9 representative what date applies, which documents are acceptable, and how to submit them. You may present a different acceptable List A or List C document if one becomes available. Employers must apply the Form I-9 process consistently and may not demand extra documents because of your citizenship, immigration status or national origin.
What the employer’s Form I-9 records mean
USCIS says an employer keeps Form I-9 while you work there. After termination, the retention period is the later of three years after your hire date or one year after termination. That is an employer recordkeeping rule; it does not guarantee that your work authorization continues, preserve a job, or determine eligibility for benefits.
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A work-authorization problem can produce several different employment outcomes. You might keep the job after presenting new evidence, continue with fewer hours, take unpaid leave while a status issue is resolved, or be terminated. Each outcome affects benefits differently. Review the termination or reduction-in-hours notice, the employee handbook, collective-bargaining agreement if applicable, and every benefit plan document.
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Health coverage can end on a plan-specific date
Employer health coverage commonly ends at the close of the month in which employment ends or hours fall below the plan’s eligibility threshold, but the controlling date is in the plan documents and notice. Ask the benefits administrator for the exact coverage-ending date, the premium amount, and the election materials. Family members covered under your plan may have continuation or alternative-coverage rights of their own.
COBRA continuation coverage
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) can allow a qualified beneficiary to continue the same group health plan after a qualifying event. The Department of Labor identifies termination of employment other than for gross misconduct and a reduction in hours as qualifying events, subject to the plan and other requirements.
You generally have 60 days to elect COBRA, measured from the later of the date coverage ends or the date the election notice is provided. COBRA is usually temporary and commonly lasts up to 18 months after job loss, although some qualifying circumstances can allow longer coverage. You normally pay the full premium yourself, potentially plus an administrative charge, so the cost can be much higher than the employee contribution taken from a paycheck.
Do not discard the notice because the premium looks expensive. Compare the election deadline, retroactive effective date, deductible status and provider network with other options. If you elect on time, the plan’s rules may require you to pay premiums back to the date coverage ended in order to avoid a gap.
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Special enrollment in a spouse’s or other employer plan
Loss of eligibility for job-based coverage can create a special-enrollment opportunity in another employer-sponsored group plan, such as a spouse’s plan. Department of Labor guidance describes requesting special enrollment within 30 days after losing eligibility for the original coverage. The receiving plan may require proof of the loss and may have its own effective-date rules. Contact that plan’s administrator immediately rather than waiting for COBRA paperwork.
Marketplace coverage
A loss of employer coverage can also open a Marketplace special-enrollment period. The enrollment window and effective date depend on the Marketplace rules and the date coverage ends. Compare premiums, deductibles, provider networks, prescription coverage and subsidy eligibility. Confirm the deadline through the official Marketplace channel for your state; a general article cannot calculate your eligibility or effective date.
How to compare the coverage choices
| Question | COBRA | Spouse or other employer plan | Marketplace plan |
|---|---|---|---|
| Eligibility trigger | Qualifying loss of group coverage, including covered job termination or reduction in hours when plan requirements are met | Loss of eligibility for the original employer plan and a qualifying relationship to the receiving plan | Loss of job-based coverage and satisfaction of Marketplace enrollment rules |
| Enrollment deadline | 60 days from the later of coverage ending or receipt of the election notice | 30 days described in Department of Labor special-enrollment guidance | Deadline and effective date depend on Marketplace rules |
| Typical cost structure | Usually the full plan premium, potentially plus an administrative charge | Employee contribution and plan pricing set by the new employer’s plan | Premium and out-of-pocket costs vary by plan and eligibility for financial assistance |
| Coverage continuity | Usually keeps the same group plan, network and accumulated deductible status, subject to plan terms | Uses the new plan’s network, deductible and prescription rules | Uses the selected Marketplace plan’s network, deductible and prescription rules |
Retirement, paid leave and other benefits
Ending employment does not produce one universal result for a 401(k), pension, health flexible-spending account, disability plan, life insurance, severance or unused paid leave. The governing plan document, employer policy, contract and state law determine what happens.
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Retirement accounts
Ask the retirement-plan administrator for the Summary Plan Description and an individual benefit statement. These documents can show your vested balance, distribution or rollover options, loan treatment, fees and deadlines. A work-authorization issue does not by itself answer whether money is vested or whether a distribution is taxable.
Paid leave and severance
Check the written vacation or paid-time-off policy and any severance agreement. Some policies pay accrued vacation at separation; others do not, depending on state law and the policy’s terms. A reduction in hours may affect accruals or eligibility differently from a termination.
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Disability and life insurance
Employer-paid disability or life insurance may end when active employment or plan eligibility ends. Some plans offer conversion or portability, but deadlines and underwriting rules are plan-specific. Request the certificate of coverage and conversion materials before the stated deadline.
Can you receive unemployment benefits?
Unemployment compensation is administered by each state. The Department of Labor says workers unemployed through no fault of their own, as determined under state law, may qualify if they meet other requirements such as wages, availability for work and ongoing job-search obligations.
There is no single federal answer for a person whose work authorization expires. A state agency may examine whether you were separated for a disqualifying reason, whether you remain legally available for work, and whether you meet that state’s documentation and wage rules. An employer’s statement that authorization ended does not automatically decide the claim, but the agency will ask for accurate facts.
File promptly with the state unemployment agency if you believe you may qualify, answer every question truthfully, and provide the authorization documents and notices requested. If the agency denies the claim, follow the appeal instructions and deadline on the determination. A qualified lawyer or accredited immigration representative can help when immigration status and unemployment rules overlap.
A practical checklist for the expiration date
- Confirm the category. Identify the status or employment-authorization category behind the document and read the current USCIS guidance for that category.
- Collect evidence. Gather the expiring document, renewal or change-of-status receipts, approval notices and any other List A or List C evidence that may establish continuing authorization.
- Contact the employer early. Ask the Form I-9 representative when reverification is due and how to submit acceptable documents. Keep copies of everything you provide.
- Do not work on an assumption. If no current authorization or applicable extension exists, ask qualified counsel whether you must stop work or whether another lawful option is available.
- Request benefit dates in writing. Obtain the exact health-plan termination date, COBRA election notice, premium and deadline, plus information about retirement, disability, life insurance, paid leave and severance.
- Compare coverage immediately. Check COBRA, a spouse’s employer plan and Marketplace enrollment at the same time so a missed deadline does not create an avoidable gap.
- Apply for unemployment if appropriate. Use your state agency’s process, report the facts accurately and meet weekly certification or job-search requirements if instructed.
- Get case-specific help. Immigration authorization and benefit eligibility can turn on details that a general explanation cannot resolve.
Common mistakes to avoid
- Treating the plastic card as the whole case: an expiration date must be read with the category, extension rules and available evidence.
- Assuming every renewal receipt extends work authorization: only the applicable category rules establish an extension.
- Letting a COBRA notice sit unopened: the 60-day election period runs from the later of coverage loss or notice receipt.
- Waiting for a final termination before checking coverage: a reduction in hours can be a qualifying event too.
- Using a universal unemployment answer: state law and your continuing availability for work control.
- Accepting an employer demand for one specific I-9 document: for reverification, you may choose an acceptable List A or List C document.
What to document and whom to contact
Keep a dated file containing your authorization documents, USCIS notices, Form I-9 correspondence, schedules showing reduced hours, termination notices, health-plan notices, COBRA election materials and benefit-plan contacts. Ask USCIS for category-specific authorization guidance, the employer for Form I-9 and plan information, the health-plan administrator for coverage dates, the state unemployment agency for claim rules, and a qualified immigration or benefits professional for individualized advice.
Rules and forms can change. USCIS instructions and Department of Labor guidance available in October 2026 should be checked again before acting on a particular expiration, termination or enrollment deadline.
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