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USCIS Delays in Processing EAD Applications

The employment authorization document (EAD) provides for employment authorization. Once the EAD expires, however, the employee must stop working. Continued employment is not permitted based on the filing an application to extend the EAD.

The USCIS is required by law to adjudicate EAD applications in 90 days. However, it has recently acknowledged that this requirement is not being met in many cases. The USCIS allows an EAD applicant or their counsel to initiate a service request once the person’s EAD application has been pending for at least 75 days. Such a request can be made by calling the National Customer Service Center or using its e-Request system. The expectation is that, once a service request is made, the USCIS will prioritize the case and issue the EAD within the 90-day timeframe.

We recommend applying as far in advance of the EAD expiration date to minimize the probability of a gap in employment eligibility. EAD renewal applications may be filed up to 120 days prior to the expiration date of the existing EAD.

If you have any questions or need assistance, please contact our office.