Electronic Filing of I-765s and I-90s Begins
Posted May 30, 2003

As previously mentioned in our MurthyBulletin article, eFiling to Start for I-765s and I-90s in May 2003, available on MurthyDotCom, the BCIS set May 29, 2003 as the target date for beginning electronic filings of Forms I-765s and I-90s. BCIS is now ready to proceed with electronic filing of these forms.

Procedure for Electronic Filing

Those who use eFiling will be required to provide their bank account information so that the fees can be deducted from an account. At this time, credit cards and debit cards are not permitted. Of concern to some is that the fact that bank account information has to be provided to the BCIS. Once the online filing is submitted, a confirmation receipt notice will appear on the screen. MurthyDotCom and MurthyBulletin readers are advised to print a copy of the confirmation receipt notice and two copies of the application, as these will be needed later.

The I-765 will be electronically submitted to the appropriate service center or local office, which will send an additional receipt notice. The confirmation receipt notice will include a receipt number and the telephone number for the National Customer Service Center (NCSC). The applicant MUST call the NCSC and schedule a time to go to an Application Support Center (ASC) to provide digital photographs, a signature, and fingerprints. Those who go to the ASC should take their confirmation receipt notices, two signed copies of the application, and any other proof of eligibility to file, like the I-140 receipt notice or the I-140 approval notice.

The Confirmation Receipt Notice will also include an address to which additional documents must be sent. Until the documents are submitted and the ASC appointment is complete, the cases will not be processed. Therefore, it is imperative that readers carefully follow the online filing instructions.

Eligibility for EAD Cards

Though electronic filing is expected to speed EAD processing, the BCIS has reiterated that interim EAD cards will still be available for those who have an I-765 application filed and pending for 90 days or longer.

Not all individuals who are eligible for an EAD are eligible for eFiling the EAD. Those who are NOT eligible include lawful permanent residents; legalization temporary residents; K-3 and K-4 status holders; TPS holders from Angola, Burundi, El Salvador, Liberia, Montserrat, Sierra Leone, Somalia, and Sudan; those who benefit from LIFE Legalization; V status holders; dependents of A-1 or A-2 status holders; dependents of G-1, G-3, or G-4 nonimmigrants; NATO dependents; NACARA Section 203 applicants; those in deferred action; those with temporary treatment benefits from Angola, Burundi, El Salvador, Liberia, Montserrat, Sierra Leone, Somalia, and Sudan; S nonimmigrants; those who benefit under the Irish Peace Process; and T dependents.

Eligibility for eFiling

Those who generally would qualify for eFiling include: refugees, paroled refugees, asylees, K-1 and K-2 nonimmigrants, N-8s and N-9s, those who are eligible for immigration benefits because they are from Micronesia / Marshall Islands or Palau, those in withholding, those with deferred enforced departure or extended voluntary departure, those with temporary protected status who are from Honduras or Nicaragua, those who qualify for immigration benefits under family unity provisions, E nonimmigrant spouses, L nonimmigrant spouses, dependents of TECRO E-1 nonimmigrants, F-1 students who are eligible for an EAD, J-2 dependents, M-1 nonimmigrants, asylum applicants, adjustment of status (I-485) applicants, applicants for suspension of deportation, public interest parolees, deportable foreign nationals granted voluntary departure, adjustment applicants who filed based on continuous residence since January 1, 1972, B-1 domestic helper of nonimmigrants and certain U.S. citizens, employees of foreign airlines, those under final order of deportation, those from Honduras and Nicaragua who have temporary treatment benefits, and those who qualify for immigration benefits under section 210 and 245A legalization.

Will eFiling Really Help?

When the process works as envisioned, it is hoped that it will make obtaining the much-needed EAD card easier for a number of applicants. For now, however, we have some concerns with the process. So it may be best to wait and see how the process works before using eFiling for the EAD or the I-90.

First, some people are apprehensive about providing their bank account information to the BCIS.

Second, it is too early to tell how much time will actually be saved using this process. Also, many of those who are eligible to obtain the EAD are not eligible to use the eFiling procedure at all.

Third, one has to wait for the I-485 receipt notice before eFiling. Since some of the Service Centers take roughly 6 to 12 weeks to issue the I-485 receipt notices, hastening the process may only be valuable to those who are filing EAD extensions. For those who qualify for the EAD based on the filing of an I-485 application, the A# for the I-485 process must be included with the eFiling EAD application. This means that one who could file Form I-765 in hardcopy with his/her I-485 must choose between filing the EAD application with the I-485 or awaiting arrival of the I-485 receipt notice. For now it would take longer for them to finally obtain the EAD with this requirement and possibly may be beneficial only for those filing EAD extensions.

Fourth, five ASCs cannot yet support the digital biometric requirement for the EADs. Accordingly, those who normally would go to the Charleston, SC ASC must now go to the Charlotte, NC ASC; those who should go to Jackson, MS must now use the Memphis, TN ASC; those who would expect to go to the New Orleans, LA ASC must now go to Houston, TX; those who would have gone to St. Croix, VI must venture to St. Thomas, VI; and those individuals who would have gone to the Yakima, WA ASC must now go to the Seattle, WA ASC. These ASCs are being updated, so this problem is expected to be temporary.

Finally, when using the online process, one has to be diligent and accurate. If the person is interrupted or otherwise distracted for over 15 minutes, the online application will be lost. This means that the person must be able to complete and then review the online application within 15 minutes, or s/he may have to begin date entering the application again. However, the system is excellent at pointing out inconsistencies and obvious errors, so one simply must check that spellings and dates are correct and the information provided is truthful and accurate.

Note that attorneys are permitted to file I-765s and I-90s for their clients electronically. An electronic G-28 is included in the process for one opting to have an attorney complete the I-765.

Conclusion

We at The Law Office of Sheela Murthy, P.C. are excited that the BCIS is taking positive steps towards improving the eFiling application process. We believe, however, that it is best not to rush and file electronically until a few weeks have elapsed. As with all new systems, there likely will be some kinks to work out, but we hope that, once all the problems are sorted, this new process will be helpful for the BCIS and the immigrant community.