Interim EAD Problems at USCIS District Offices
Posted Dec 14, 2007
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Many Adjustment-of-Status (I-485) applicants who filed during the 2007 summer rush also applied for Employment Authorization Documents (EADs). These filings generally were made concurrently with the I-485 or shortly thereafter. Some have received their EADs, while others have waited more than 90 days since the receipt date of their EAD applications. Some of the problems faced by those with delayed EADs are discussed here for MurthyDotCom and MurthyBulletin readers because our firm is receiving reports that some local USCIS offices are refusing to follow established procedures for requesting EAD issuance after the 90-day point.
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No Interim EADs at the Local USCIS Offices
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Under existing USCIS regulations, the USCIS shall adjudicate EAD applications within 90 days from the date of receipt. If it does not do so, it is supposed to issue an interim EAD, valid for 240 days. This was the practice for many years. The USCIS no longer follows this procedure, however, despite the fact that the regulation remains unchanged. The USCIS had indicated that it would change the regulation to comport with the changed procedures. As explained in our June 30, 2006 article, June 2006 Conference Update: Interim EADs to End, interim EADs, which had been issued at local USCIS offices, were eliminated due to fraud concerns. As this was explained by the USCIS, card production equipment at the local offices did not have the anti-fraud feature capabilities that were deemed appropriate. Equipment was removed from the local offices, but was not replaced with more advanced machines.
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Following the end of local office issuance of interim EADs, the procedure changed to that described February 23, 2007 in our article, Interim EAD Procedure. The existing procedure requires the applicant to appear for an InfoPass appointment at the local USCIS office and present the proof of the 90-day-old EAD application. The local office is supposed to communicate with the USCIS service center where the EAD is pending so that the service center will issue the appropriate EAD promptly. This procedure was working reasonably well, and the CIS Ombudsman was even working to reduce the waiting time for making the request to 75-days, so that the card potentially could be in-hand within 90 days, as described in our August 31, 2007 article, Ombudsman: USCIS Service Centers and Lockboxes.
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Problems with USCIS District Offices and the 90-Day Rule
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While many have been able to address delays in their EADs by using the 90-day rule and procedures described above, problems related to this matter have arisen recently. We at the Murthy Law Firm have received reports that individuals were told the new USCIS policy is to start counting the 90 days from the date of fingerprinting, not the date of EAD filing. A variation on this is that the claimed policy in some local USCIS offices is apparently 90 business days from the fingerprinting. No statutory or legal authority exists for these alleged policy changes. The USCIS has made no announcements to this effect and the applicable regulation remains unchanged.
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Action Taken to Request Correction
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In light of the problems faced by some who are properly seeking EADs after 90 days, we at the Murthy Law Firm have contacted and filed a complaint with the CIS Ombudsman on this matter to help those who have been harmed by the USCIS change in position. Our firm will work to address this problem, given the importance of EAD issuance to our clients, their spouses, and many in the greater immigrant community, as the EAD provides them with the ability to work and earn a living. We have faith that the USCIS will address this problem promptly.