The 90-day processing time for USCIS to adjudicate Applications for Employment Authorization (EAD) is no longer in effect

First-time EAD Applicants:

The Department of Homeland Security (DHS) has eliminated the regulatory provision requiring USCIS to adjudicate the Form I-765, Application for Employment Authorization, within 90 days of filing and permitting interim EADs in cases where such adjudications were not conducted within the 90-day timeframe.  This poses a major setback to those applicants who are applying to get their EADs for the first time as their applications will now be at the behest of the USCIS’ determination of what constitutes reasonable time for an adjudication.

EAD Renewals:

Those seeking EAD renewals and who may have benefitted from the 90-day processing timeframe for Form I-765 will now be able to benefit from the regulation’s provision which grants automatic EAD extensions for up to 180 days for certain employment categories.

This automatic 180 extension applies to only specific eligibility categories.  In general, spouses of L-1, E-2 and H-1B are NOT eligible for the automatic 180 day extension.

Under the new rule, an EAD application can now be filed with USCIS 180 days prior to expiry of the EAD.  Previously this was set at 120 days prior to expiry.

Zemp Law Group strongly recommends all those seeking renewals, to send in their applications as soon as they are within the 180 days of the EAD expiry.

Please contact us if you need assistance with your EAD renewal application or have any questions regarding whether or not you are eligible for the automatic 180 day extension.