Can I Work With An Expired Green Card? An Employment Options & Renewal Guide

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

View Brad's Bio

Bradford H. Bernstein

Can I Work With An Expired Green Card? Key Points

• If you’re already employed, you have the option to continue working when your Green Card expires.
• You cannot start a new job with an expired Green Card, unless you show proof that you’ve filed for renewal).
• Expired Green Cards can cause issues with travel, applying for benefits, and pursuing citizenship.
• If you are a conditional resident and your Green Card expires, you may be deported from the country.
• Form I-797C extends your Green Card validity for 36 months, if you are a lawful permanent resident.
• If you have a conditional Green Card and you file for removal of conditions before your Card expires, you’ll get a 48-month extension.

Wondering if you can work with an expired green card?

We have compiled a detailed guide to answer this question, plus:

• What are the risks of an expired Green Card
• If you can work if your conditional Green Card expires
• How to renew your Green Card

Can I Work With An Expired Green Card?

If you are currently working and your Green Card expires, you are still permitted to work in the U.S. and you are not required to notify your employer of your Green Card’s expiration.

In addition, if you presented Form I-9, Employment Eligibility Verification when starting your position, your employer will not need to re-verify your document.

However, if you are looking to apply to a new company, your application is likely to be denied if your Green Card is expired.

The reason for this is that employers in the U.S. are required to verify permanent residence status for all employees. If you are unable to provide proof of a valid status when submitting Form I-9, an employer is not legally permitted to hire you.

Some states also require a valid Green Card to apply for a professional license for certain occupations, like an insurance agent or a nurse.

To be able to find new job opportunities in the U.S. it’s important to renew your Green Card within six months of its expiration date.

What Happens If My Green Card Expires?

When your Green Card expires, you are still a permanent resident of the United States, meaning that your immigration status does not change.

However, you become non-compliant with the Immigration and Nationality Act (INA) Section 264(e), which mandates that permanent residents over the age of 18 must carry valid identification proving their status at all times.

Considered a misdemeanor, this non-compliance may cost you up to $100 and up to 30 days in prison.

In addition, an expired Green Card may result in:

• Issues when travelling and trying to re-enter the U.S.
• Delays in future immigration application, for example, if you’re considering applying for citizenship.
• Challenges in accessing various benefits and services as many institutions require a valid document proving your status.

Can I Work If My Conditional Green Card Expires?

If you are a conditional permanent resident and your Green Card expires, you will lose your conditional status and may be deported from the U.S.

Your conditional Green Card is valid for two years, regardless of how you acquired conditional status, whether by marriage to a citizen or permanent resident, or via investment.

To maintain the right to live and work in the U.S. and avoid the risk of being placed in removal proceedings, make sure to apply for Green Card renewal within 90 days prior to the date your conditional Green Card expires.

How To Renew Your Green Card [+ Alternative Options For Employment]

The process of renewing your Green Card depends on whether you are a permanent resident or a conditional permanent resident.

If You Are A Permanent Resident

To renew your Green Card as a permanent resident, submit Form I-90, Application to Replace Permanent Resident Card. Typically, your Green Card will be renewed in about 17.5 months after submitting the application.

Once you file Form I-90, the U.S. Citizenship and Immigration Services (USCIS) will send you Form I-797C, Notice of Action to confirm that they have received your application.

• If your card has not yet expired or expired less than a year ago, Form I-797C will provide a 36-month validity extension. When you are applying for a new job, present your expired Green Card and Form I-797C to prove your status and employment authorization.
• If your card has been lost or expired for more than a year, you have the option to request an I-551 stamp in your unexpired passport issued by your home country. To request an I-551 stamp, make an appointment with your local USCIS office and take your passport with you, along with Form I-797C. The stamp serves as evidence of your permanent resident status and allows you to apply for a new job, even if your Green Card has expired. The I-551 stamp is typically valid for one year.

If You Are A Conditional Resident

If your conditional Green Card expired, you no longer have the right to live and work in the U.S.

To keep your lawful status, you must file a petition to remove conditions on residence within 90 days of your Green Card’s expiration date.

To do this:

• Submit Form I-751, Petition to Remove Conditions of Residence, if your conditional status was granted after marrying an American citizen or a permanent resident.
• Submit Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, if your conditional status was granted based on investment by you or a member of your family.

If you filed your petition correctly and within the legal deadlines, your resident status will be automatically renewed for 48 months after your conditional Green Card expires.

The new prolonged extension is valid as of January 11, 2023, for Form I-829 and as of January 25, 2023, for Form I-751. The aim for the longer extension period is to compensate for the long processing times that accumulated over the last year.

You can use the receipt notice from USCIS about your status extension along with your expired Green Card as evidence that you are authorized to work in the U.S. and travel out of the country.

Can I Work With An Expired Green Card? Key Takeaways

• You have the right to work even with an expired Green Card, if you already have a job.
• However, starting a new one will be a problem if you don’t have valid documents.
• Expired Green Cards can prevent your access to various services and cause issues with travel and citizenship applications.
• Conditional Green Card holders face serious risks if they miss renewing their Green Cards, including potential deportation.

Work With Spar & Bernstein To Renew Your Green Card

At Spar & Bernstein, we know that renewing your Green Card can be confusing and stressful.

For over 60 years, our experienced and compassionate team has been helping Green Card holders around the country file the correct paperwork to be able to live and work in the U.S.

Whether you need to file a petition for a Green Card renewal as a permanent resident or you want to adjust your status, our team will:

• Help you file the correct forms on time.
• Represent you before USCIS.
• Track your petition’s progress and keep you updated on its status.
• Help with your future citizenship application, if you have applied for removal of conditions.

“Having a valid Green Card isn’t just a formality, it’s a way to remain compliant with U.S. immigration law and fully accessing the benefits that come with permanent residency,” says Brad Bernstein, Managing Partner at The Law Offices of Spar & Bernstein. “If your Green Card has expired, we can help you renew it quickly and avoid legal or employment issues.”

With extensive experience in all areas of immigration, from family and employment immigration to investor visa, waivers, deportation and removal defense, we have helped thousands of people obtain immigration benefits and fulfil their American dream.

Schedule a consultation via our online form or call us at 800-529-5465.  We’d love to meet you and explain how we can help in your immigration journey.

Can I Work With An Expired Green Card? FAQs

Can I work with an expired Green Card if I already have a job?

Yes, if your Green Card expires while you have a job, you still have the right to work in the U.S. Employers are not required to reverify your employment eligibility just because your Green Card has expired.

Can I start a new job with an expired Green Card?

The short answer is no. Employers must verify if you are authorized to work in the U.S. using Form I-9, which requires valid, unexpired documents.

However, if you’ve filed Form I-90 to renew your Green Card, meaning its validity is extended, you can present it together with the expired card to your potential employer.

Do I need to inform my employer if my Green Card expires?

If you’re working and your Green Card expires, you’re not obligated to inform your employer.