June 2006 Conference Update : Interim EADs to End
Posted Jun 30, 2006
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Several of our attorneys represented the Murthy Law Firm at the 2006 annual American Immigration Lawyers Association (AILA) Conference, held this year in San Antonio, Texas, June 21st through June 24th. Attorneys from our firm regularly attend and participate in national events, like this one, as well as regional and local AILA conferences throughout the year. These meetings help us remain, not only up-to-date, but on the cutting edge of what is happening in U.S. immigration law, policy, and strategy. After such conferences, we like to report on the information garnered to our MurthyDotCom and MurthyBulletin readers, as many topics affect them directly. One important subject discussed at this year's conference was the future of the Employment Authorization Documents (EADs).
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EAD Extensions Not Available Beyond One Year
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A constant problem with EADs is the fact that they are valid for only one year. Individuals with cases that can take well over a year must repeatedly apply for EAD extensions. This creates a myriad of problems, including EADs expiring before the extension is issued. It can also make it necessary to reapply for drivers' licenses each year for persons who are relying exclusively upon the pending I-485 and EAD in order to live and work in the United States. This processing of vast numbers of EAD requests creates a substantial amount of work for the USCIS.
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As a result of these problems, and other considerations as well, there has been discussion of extending the validity of EADs beyond 12 months. This would be particularly appropriate for those cases with EADs based on pending I-485s. (Common to many MurthyDotCom and MurthyBulletin and readers, this is only one of many possible ways to qualify for an EAD.) Many I-485s are destined to remain pending well beyond a year, due to retrogression of the priority dates. USCIS processing times created delays of this type in the past. Now, lack of visa numbers are at the heart of the problem in most cases. Of course, security delays can also account for long processing times.
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Despite these considerations, it does not appear that the EAD duration will be extended in the immediate future. The USCIS is concerned there could be problems with fraud if EADs had extended validity beyond one year. They will be moving slowly on this matter, therefore. If the USCIS were to devise systems that address the fraud concerns, while permitting the issuance of longer EAD durations, time and resources for both the government and individuals would be saved.
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Elimination of Interim EADs in Process
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Under current regulations and procedures, persons who apply for EADs can go to the local USCIS offices and obtain interim EADs if the original filing takes 90 days or more. This convenience is likely to be eliminated in the near future due to USCIS concerns over the potential fraudulent use of the interim EADs. The USCIS's view is that the manufacture of EADs should occur at the Service Center level, and the expectation placed on the Service Centers is that they will process the EAD applications and manufacture the EADs within the 90-day processing period.
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The USCIS acknowledged that there is a regulation in place providing for interim EADs, but note that this regulation may have to change. It seems that the antiquated machines for producing the interim EADs are going to be scrapped, eliminating the possibility of processing interim EADs at local offices, with or without the required regulatory change.
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Premium Processing of EADs Likely in the Future
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As some of our readers may be aware, the EAD Form I-765 has been designated as a form that will be able to file under the premium processing program at some future date. This topic was covered in our May 26, 2006 MurthyBulletin article, Premium Processing to Expand : I-140s, I-539s, I-765s, available on MurthyDotCom. The USCIS indicated that they could not provide a timeframe for when this might go into effect.
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File Your EADs Timely
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Now, more than ever, it is important to file the EAD extension request well in advance of the expiration date. An applicant is even expected to wait 90 days before being eligible for the interim EAD. That avenue of relief soon will be eliminated and it is not at all certain that premium processing for these documents will be in place as an alternative. It is best, therefore, for those who rely on their EADs for eligibility to work in the U.S. to file the extension request four months before their expiration dates. This is not critical for people who obtain EADs, but rely upon their nonimmigrant statuses, usually H or L, for work their authorization.
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Conclusion
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We urge MurthyDotCom and MurthyBulletin readers to check the expiration of their EADs and calendar the date to file for the EAD renewal at least four months in advance of that expiration date. Otherwise, it is entirely possible to find oneself in a situation where the work authorization has expired and the renewal could be months away. This may cause financial hardship and put one's job in jeopardy for failure to plan ahead for the EAD extension.
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