EADs Pending for More than 90 Days

By statute (8 CFR § 274a.13), USCIS is required to adjudicate all EAD applications within 90 days from the date of USCIS receipt of the application.  However, the spike in employment-based green card applications during the summer of 2007 has brought a somewhat expected wave of backlogs – in the EAD processing.

USCIS allows an EAD application to be filed 120 days before expiration, unfortunately, given current EAD processing delays of 90-120 days, many green card applicants who have used their EADs to switch employers and have their EADs expire are now forced to either reapply for a new H-1B visas and incur a substantial expense or stay out of work until their EAD is renewed.

Here’s what a person whose EAD application has been pending for more than 90 days can do:

Step One.  Call USCIS National Customer Service Center (NCSC) at (800) 375-5283 and record the time/date of he call and the name/number of the customer service representative:

• Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a “service request.” You should receive a response to your service request within a week.
  OR
• Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.

Step 2.  If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response 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, please email the USCIS ombudsman at cisombudsman.publicaffairs@nulldhs.gov with the details of your efforts.  Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The Ombudsman Office has committed to look into such cases and review how they may be of assistance.

Please do not hesitate to contact our office if you need assistance with EAD renewals or you need any additional information.