Mark A Ivener, A Law Corporation

EAD Delays: What To Do?


U.S. Citizenship and Immigration Services’ ombudsman has been receiving numerous inquiries about employment authorization document (EAD) applications pending more than 90 days. USCIS regulations require the agency to approve EAD applications within 90 days, but that is not happening in some cases. The USCIS ombudsman recommends the following steps:

Step 1: Call USCIS National Customer Service Center (NCSC) at 1-800 375-5283 and record the time and date of the call and the name and number of the representative:

  • Explain to the representative that your EAD has been pending more than 90 days and ask for a “service request.” You should receive a response to your service request within a week.

– or –

  • Ask the representative to request an interim card for you. You should receive an EAD or response within a week.

Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office at http://www.infopass.uscis.gov. During the appointment, ask to apply for an interim EAD. The ombudsman notes that USCIS local offices no longer issue interim EADs, but the local office can review your case and determine eligibility. The local office will then forward your request to the appropriate USCIS Service Centers. You should receive an EAD or response within a week, the ombudsman states.

Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, the ombudsman asks that you e-mail cisombudsman.publicaffairs@dhs.gov the details of your efforts. Include the date and time of your call to the NCSC and the name of the representative. If you visited a USCIS office, provide that information. The ombudsman promises to “look into your case and review how we may be of assistance.”

For all other case inquiries, the ombudsman says you should submit DHS Form 7001 to the ombudsman’s office. For more on this issue, click here.

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About the Author

Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.

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