A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Friday, September 6, 2019

Proposal to Eliminate the 30-Day Adjudication Timeline for Asylum Seekers' EAD Applications

USCIS intends to eliminate the regulation that requires the initial Form I-765 (Application for Employment Authorization) of asylum applicants must be adjudicated within 30 days, according to a  proposed rule by DHS to be published on 9/9/2019 for comments.  Asylum seekers would have to expect longer processing time for their EAD applications. 

DHS also proposes to remove the provision requiring that asylum seekers' applications for EAD renewals be submitted at least 90 days before the expiration date of the current employment authorization.  

Generally speaking, the adjudication time-frame for I-765 applications has gotten a lot longer than before. Delay in processing the I-765 applications has caused tremendous inconvenience to many foreigners including F-1 students seeking OPT employment.   Oftentimes one has to wait for five months or much longer to obtain one's EAD card.  Although the law allows for an 180-day automatic extension of a person's EAD once an extension application has been filed, some local agencies such as the DMVs do not honor such extension for technical or other reasons.  Hence, it is always a good idea to submit one's EAD application as early as possible. 

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