USCIS Clarifies on the EAD 90-day Adjudication Clock

In the public notice dated July 28, 2006 (revised August 9, 2006), USCIS announced the discontinuation of EAD issuance at local offices, including interim EADs.

AILA recognizes the security concerns and does not oppose the issuance of EADs from a central location with greater security abilities. However, AILA is still concerned the specific regulation about the 90 days rule. According to this, USCIS summarized its views on when the EAD 90-day adjudication clock stops, resets, or resumes.

The 90-day clock will stop and restart from day 1 when an RFE is issued for Initial Evidence on the I-765 or underlying application or petition (such as I-485 or underlying I-130 or I-140). USCIS defines Initial Evidence as supporting evidence required in the regulations and/or required evidence listed in the instructions to Form I-765 or an underlying application. In addition, the clock will stop and restart from day 1 if an applicant requests rescheduling of an I-765 or underlying biometrics appointment.

USCIS will stop the clock and resume counting the 90-day period from the date of return of the material for Additional Evidence on the I-765 or underlying application or petition.
USCIS defines Additional Evidence as evidence that is outside the “norm.” USCIS stressed that under the regulations a customer has the right to request a decision on initial evidence if they believe the Service’s RFE is inappropriate or unnecessary to determine eligibility for the benefit. USCIS anticipates sending out guidance to the field clarifying these points to EAD adjudicators. Specifically, EAD adjudicators should understand when an interim EAD is appropriate and how to manage the adjudication clock. USCIS requests that AILA bring what we believe to be inappropriate I-765 RFEs to its attention through the appropriate channels.

USCIS indicates its overall goal is to adjudicate the I-765 or underlying application prior to the 90th day. USCIS will instruct its field offices on processing times and encourage adjudicating I-765s and issuance of EADs prior to the 90th day. USCIS believes the 75th day is the key for making an inquiry on a pending EAD as that gives the Service notice and enough time to get the card into the customer’s hand by the 90th day. The current
USCIS goal processing time is 75 days. USCIS is planning to modify the Infopass process to create a discrete category for requesting status on a pending EAD.

USCIS would like a report from AILA after 3 months of experience with the new EAD issuance procedure to see what if any problems customers are experiencing with the process.

Related old article:

                 Local Offices to Stop Processing and Producing EADs from 10/1

On July 28, 2006, the U.S. Citizenship and Immigration Services (USCIS) announced a new policy that since October 1, 2006, the local offices will stop to process and produce EADs. The following is the news released in the USCIS website.

In November 2004, USCIS published a notice in the Federal Register informing the public that, as of April 1, 2005, individuals must file Applications for Employment Authorization, (Forms I-765) at one of the four USCIS Service Centers or the National Benefits Center (via the Chicago Lockbox). The instructions to Form I-765, Application for Employment Authorization, with addendum, have reflected this change since then. In the interim, some USCIS offices have continued to accept employment authorization applications and have produced Employment Authorization Cards (Form I-688B) using local systems.

USCIS is discontinuing local production of Form I-688B Employment Authorization Card (EAC) in favor of Form I-765 Employment Authorization Document (EAD) produced at one central location using national systems. The locally produced I-688B lacks security features and is not well suited to employment verification by employers.

Offices that have continued to accept applications locally may, in their discretion, continue to accept certain employment authorization applications until October 1, 2006. After September 1, 2006, however, such local offices will no longer process those cases and will only forward them for Service Centers processing. Customers seeking the fastest service should send their applications directly to the appropriate Service Center or Chicago Lockbox as indicated on the Form I-765 instructions. As of October 1, 2006, USCIS local offices will no longer accept any Form I-765 filings. Local Offices will work with community, legal and law enforcement organizations to eliminate local filings of Form I-765.

The discontinuation of locally produced EACs will not prohibit customers from using InfoPass to schedule an appointment for an interim employment document when USCIS hasn’t adjudicated the original Form I-765 within 90 days. Customers should take great care to attend all appointments, including biometrics appointments, and respond promptly to all requests for evidence sent from USCIS. Failure to attend a biometrics appointment or failure to provide all required documents or information requested by USCIS will delay entitlement to an “interim card” and may re-start or stop the 90-day period.

Effective October 1, 2006, local USCIS offices will no longer produce interim EACs. USCIS will issue all approved interim EADs from a central facility. Accordingly, an applicant seeking to replace an expiring EAD should file Form I-765 at least 100 days before the current card expires. Doing so will minimize the possibility that the current EAD will expire before a decision is made on the new application.

Individuals who have been granted asylum by the Executive Office for Immigration Review should continue to schedule and attend their InfoPass appointments for documentation in accordance with the Post Order Instructions provided to them at the conclusion of their immigration court proceedings. The local USCIS office will complete the individual’s processing for documentation of asylum status and will also initiate EAD card production from the central facility. Individuals granted asylum by a USCIS Asylum Office will, at the time they are granted asylum, receive information about the prompt delivery of a secure EAD.

(11/29/2006)

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