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Work Permit Denied? USCIS Shares Details on EAD Processing During Stakeholder Call

A form I-765 is used to request an employment authorization document (EAD). There are currently 625,000 I-765 applications waiting to be adjudicated and 394,000 are actively pending. If USCIS needs more information pertaining to an individual's I-765 application, they will issue a request for evidence (RFE). USCIS is currently waiting for responses from 19,000 I-765 applications that were RFE’d. Applicants must submit all documents that were requested from an RFE prior to having their application adjudicated.

The percentage of pending I-765’s in time increments are as follows:

  • For under 75 days? 43%

  • 76-90 days? 5%

  • 90-120 days? 10%.

  • 121-160 days? 12%

  • 160-180 days? 5%

  • Over 180 days? 24%

USCIS has a goal of 90 days to process EAD’s once the full I-765 application is received but this deadline is constantly not met. If an individuals needs an extension on their application, they must file a renewal application before their EAD expires. Of the I-765’s that have been pending for more than 90 days and less than 180 days, there are an estimated over 80% of pending renewals that are eligible for an automatic 180-day extension. Of these 80%, 19, 204 applications have been pending for over 160 days and 18,917 for over 180 days. USCIS is aware of the processing delays and encourage applicants to submit complete applications to reduce REF’s and higher wait times.

When an applicant submits their 1-765 they will receive an online case status that will be updated throughout the process. If a customer's receipt number is not recognized in the USCIS’s online system, they can send an email to: myuscissupport@uscis.dhs.gov. The EAD card will then produced 96 hours once the card order is received and will be sent out to the applicant via USPS to the address on file. If an applicant needs to change their address with USCIS, they must do so within 10 days of their move and are encouraged to submit an Form AR-11, Change of Address.

If the customer informs the post office that their address will be changing, USPS will not be able to deliver their USCIS documents and will send a “Return Service Requested” to the customer. All returned mail will be sent back to USCIS with a forwarding label with the customers new mailing address. If the card cannot be delivered from USPS all together, they will contact USCIS with the reason for why the document is undeliverable. If a customer is temporarily not at their address, the post office will hold onto the mail for up to 30 days until they are able to pick it up.

Informed delivery is a service that USPS has to notify customers that they will be receiving a letter size envelope on that day. Customers should know when their card is delivered through the online account under “My Case Status” even if they do not have Informed Delivery. If an applicant receives their EAD card and it contains a USCIS error, there will be directions included on how to return the card and receive a new one. If the error on the card is because of a customer error, they must file a new I-765. If the EAD card was never received, a customer should updated their address using the online AR-11 tool and a new card will be sent out within 60 days.

If you have any questions regarding the the processing of EAD’s please contact Attorney Nicholas Mireles at NicholasMireleslegal@gmail.com.

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