Mark A Ivener, A Law Corporation

Ombudsman Recommends That USCIS Improve EAD Process

The Ombudsman for U.S. Citizenship and Immigration Services (USCIS) recently made recommendations (PDF) focused on delays due to processing and adjudications issues of employment authorization document (EAD) applications. The Ombudsman noted that although USCIS has implemented procedures to resolve certain issues, many problem areas have not been addressed. When processing is delayed, the Ombudsman noted, “individuals and employers experience significant adverse consequences such as job loss and disruption in business operations.” The Ombudsman recommended specific actions that USCIS can take to improve the EAD process, including:

  1. Establishing methods at local offices to facilitate immediate resolution;
  2. Establishing a uniform processing time goal of 45 days for adjudication and 60 days for issuance of an EAD;
  3. Improving monitoring and ensuring real-time visibility through an automated system for tracking processing times;
  4. Following established internal procedures for issuing interim EADs in cases where background checks are pending; and
  5. Issuing replacement EADs with validity dates beginning on the date the old EAD expires.

The Ombudsman identified several ways to implement these recommendations that build upon existing USCIS processes.


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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.