EAD Processing: Tips for Expedites
In 2022, applications for work authorization at USCIS are extremely slow. Here are a few ideas of trying to get an application approved faster.
There are a wide variety of situations where an individual is eligible for an EAD (Employment Authorization Document). To obtain an EAD, an individual must file an I-765 application with USCIS. But for the past few years and continuing into the summer of 2022, EAD processing is very slow. Here are some thoughts/tips on trying to expedite your EAD application -
First, let me concede that USCIS has made some improvements in processing I-765 applications for EADs (Employment Authorization Documents) and in many instances the EADs are coming quickly. Further, USCIS has expanded in a variety of ways when receipts are sufficient, that is, USCIS has recognized that they are processing EADs too slowly and in many instances a receipt will authorize employment while the application is pending.
-- With that said, there are still lots of people who are waiting for EADs. And it can be very stressful waiting. USCIS does have criteria to make an expedite request. The criteria is detailed in the agency's policy manual here - https://lnkd.in/deD_Sk2G.
Some generalized tips ---
01 - Try to make an expedite request after anything that can be approved via premium processing is approved via premium processing. So if this is an H-4 EAD, make sure the H-1B is approved via premium processing or if this is an EAD based on a pending I-485, make sure the I-140 is approved via premium processing (if possible).
02 - Wait to do the expedite request until you are within 30 days of the expiration of the work authorization. It is almost always a sure loser if you ask for an expedite request 'too early'. This is slightly counter-intuitive as in general planning ahead is always good but when making an expedite request, asking too soon can be fatal.
03 - Study the official USCIS expedite criteria and make sure your expedite request touching on one of the qualifying criteria and provide documentation to substantiate any statements made (from your employer or elsewhere).
04 - Prepare to be disappointed. Many, many people with compelling situations are denied expedite requests. It is very frustrating but it will be best to mentally prepare that your work authorization will not come through when you want and try to make the best of it.
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