USCIS Adopts Procedures to Remedy

Delayed Employment Authorization

Applications

USCIS Adopts Procedures to Remedy Delayed Employment Authorization Applications - USCIS has adopted new processes to address cases where I-765 employment authorization applications have been pending for more than 90 days. USCIS regulations require adjudication in that period of time, and until 2006 applicants could expect to receive a temporary employment authorization at a District Office. Since then, applicants and their employers have had to resort to Congressional and attorney liaison as the only practical approach. USCIS’ performance in this area has progressively deteriorated to the point last year when adjudications commonly required five months or more.

In response to recommendations issued by the independent (within DHS) Office of the USCIS Ombudsman’s, USCIS has committed to do the following:

• Conduct routine sweeps of pending cases and escalating those pending at least 60 days;
• Permits applicants to call the USCIS informational phone number the 75th day after filing and request priority consideration;
• Prioritized cases will, within ten days, either be adjudicated or receive a temporary work authorization

USCIS refused to use stickers upon determination of eligibility for an extension of employment authorization, electing instead to continue issuing new cards.

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