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Sunday, 12 October 2008 |
Employment Authorization Document (EAD) processing delays and solutions
Immigration regulation requires that the USCIS process Employment Authorization Document (EAD) applications, Form I-765 (often referred to as “Work Permits”) within 90 days from the date of USCIS receipt of the I-765 application. However, many EAD applications are not processed in this time, causing Immigrants to feel frustration and confusion. The USCIS suggests doing the following, once 90 days have passed since the date on the I-765 Receipt:
Step 1: Call USCIS National Customer Service Center at 1-(800) 375-5283 and record the time/date of the call and the full name & number of the USCIS customer service representative. Explain that your EAD has been pending more than 90 days and ask for a “service request” for an “interim” EAD card to be issued immediately because you will lose your job if it does not arrive.
Step 2: As a secondary backup method, you can visit a local USCIS office, by scheduling an INFOPASS appointment at: http://www.infopass.uscis.gov/. At the appointment, ask to apply for an “interim” EAD. USCIS local offices no longer issue interim EADs, however, the local office can review your case and forward your request to the USCIS service center. If this method works efficiently, you should receive an EAD or a letter within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, you can email the official USCIS “Ombudsman” (a representative of Immigrants – appointed to determine USCIS processing issues and resolve them on behalf of Immigrants) at
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with the details of your efforts and results. You must include the date and time of your call to the USCIS and the name & number of the customer service representative. If you visited a USCIS office, please provide that information as well.
Please note that if you have received a USCIS request for evidence since filing your I-765, the USCIS suspends processing of your EAD until it receives your response. If your response satisfies the request, the USCIS then resumes processing your EAD. If not, the USCIS will commonly issue a denial.
IMMIGRATION Q&A
Question: I want you to file my citizenship application early based on my being married to my US citizen husband. I’m just a little confused about when I am eligible. I have been a U.S. Resident since January of 2006. Thanks so much.
Answer: That’s a great question. The basic guide is called the 3/3/3 rule: meaning that in order to apply for your Naturalization early based upon your marriage to a U.S. Citizen, you need to meet the following three requirements: 1) Have been a U.S. Resident for at least three years AND 2) Have been married to a U.S. Citizen for at least three years AND 3) Your U.S. Citizen spouse must have had his or her U.S. Citizenship for at least three years.
Immigration regulations allow you to apply 90 days before actually being a U.S. Resident for three years under rule 1). So you can actually apply in 2 years & 9 months. However, you must still meet the requirements of 2) & 3) in that you must have been married to your U.S. Citizen husband for a full three years and he must have actually been a U.S. Citizen for a full three years. The calculations must be exact. Applying even one day earlier can cause your case to be denied and loss of your entire Naturalization application filing fees of $675.
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