Ombudsman Recommends EAD Processing Changes

The USCIS Ombudsman office has released a report and a recommendation to USCIS regarding changing policies with respect to I-765 Application for Employment Authorization Document (EAD) cases.

The Problem

Many employers and individuals who rely on EAD cards for employment find it frustrating that there are no reliable processing times for the EAD cards.   For most employment with EAD cards, employment is authorized only when the employee has a valid EAD card.  In other words,  if an EAD card expires and a renewal is not filed on time (with or without fault of the employee) or if the EAD application takes long time to be approved, then the employee, upon expiration of the EAD card and while waiting for the renewal to be approved, must stop working.   This brings a lot of difficulty to employees and employers.

USCIS is required to issue EAD cards within 90 days.   However, often USCIS is not able to do so.  Several years ago, local service centers were permitted to issue interim cards for EAD applications pending for more than 90 days.  This option is not currently available and the only redress an EAD applicant has is to seek expedited processing of his or her EAD application.   Expedited processing, however, is discretionary and unpredictable.

The Ombudsman’s Recommendations

To address some of the problems with the current EAD application process, the Ombudsman makes several recommendations to USCIS, after making a very thorough, interesting (for some) and somewhat critical review of the current EAD application review framework.

The Ombudsdam report, after reviewing the currently-available options for EAD applicants, and after concluding that such options are inadequate, makes five recommendations.

1. Establish methods at local USCIS offices where EAD applications can be resolved;
2. Establish a uniform processing time goal of 45 days for adjudication and 60 days for issuance of an EAD;
3. Improve monitoring and ensure real-time visibility through an automated system for tracking processing times;
4. Follow established internal procedures for issuing interim EADs in cases where background checks are pending; and
5. Issue replacement EADs with validity dates beginning on the date the old EAD expires.

Conclusion

As our office handles many EAD applications for a number of categories, many of which remain pending close to the 90-day period, and having to do a number of expedited processing EAD applications, we certainly realize that the current system does not serve the needs of employers and employees very well.   It is very difficult to see how in these challenging economic times, when an employee has to stop working and potentially lose his or her job due to delayed EAD processing.  As a result, we welcome the Ombudsman’s recommendation to USCIS and hope that USCIS would consider all of the proposed changes.

In the meantime, and even if the recommendations are fully adopted, we remind our clients and readers to always apply for EAD as soon as possible, and ideally about 120 days before the expiration date of the current EAD card.   Please contact us if we can be of any help.