NSC Changes Policy on EADs Posted Feb 11, 2005 ©MurthyDotCom The Nebraska Service Center (NSC) reported on February 1, 2005 that they are no longer able to date employment authorization document (EAD) extensions as valid from the day after the expiration date of the prior EAD. From this point forward, the NSC will be issuing EADs that bear a start date that is the same as the approval date. These EADs will be valid for a period of 364 days, which is clearly set out on the EAD. ©MurthyDotCom The NSC is characterizing this change as a trade-off. Historically, the start date of the EADs has been a manual process. The NSC now has an automated process that completes 5 times the number of cases per hour. Unfortunately, this automated process does not allow for a start date other than the date the EAD is approved. ©MurthyDotCom Thus, people working based upon their EADs need to be very careful about filing for extensions well in advance of the expiration of the current EAD and must discontinue employment if the prior EAD expires and a current EAD extension request is still pending. Also, it is no longer feasible for a person to file the EAD renewal very early since the validity of the EAD then will be reduced to less than one year. So it creates a "Catch-22" situation for EAD applicants. ©MurthyDotCom The NSC anticipates that its processing times for EAD applications may reduce to 75 days in the near future. They hope that this reduced processing time will help to address the problems now being faced by people awaiting EAD approvals. It is unclear when the NSC may begin issuing EADs for a period of longer than one year, as they are purportedly waiting for USCIS Headquarters to issue a directive on longer validity dates for EADs. The longer validity dates would certainly help alleviate this entire problem and would conserve substantial resources for both the USCIS and individuals having to pay regularly to renew EADs each year. ©MurthyDotCom © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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