EAD and Advance Parole Delays FAQ

EAD and Advance Parole Delays FAQ

Processing times for I-765 Employment Authorization Document (EAD) cards and I-131 Advance Parole Documents filed at the Nebraska Service Center have increased as of late. Regulation requires USCIS to produce the EAD card within 90 days, and the processing time has neared this deadline.

Due to this, foreign nationals without an underlying nonimmigrant work status and whose current EAD card is expiring have been put in a situation that could result in job loss. Gaps in a foreign national’s employment authorization can impact whether a I-485 Adjustment of Status applicant will be approved.

USCIS estimates it will take several weeks before processing times are returned to prior levels. In the meanwhile, NSC will accept requests to Expedite adjudication of Forms I-765 if the applicant meets either of the two qualifying circumstances:

I.

  1. The I-765 application has been pending more than 75 days.
  2. The I-765 application has been pending for more than 60 days;
  3. The applicant’s current EAD card will expire in the next two weeks; AND
  4. The applicant will lose their job (excluding leave of absence).

If an applicant is eligible by meeting the first circumstance, the following details should be sent to NSC through NCSCFollowup.Nsc@dhs.gov: the name of the applicant, the receipt number, the date filed, and the date of the prior EAD expiration.

If the applicant meets the second set of circumstances, an inquiry must directly be made to the NSC through NCSCFolowup.Nsc@dhs.gov. The same details listed above should be sent to NSC. Also, proof demonstrating the applicant meets the above criteria must also be submitted in order for an Expedite to be granted.

The increase in Advance Parole processing time has also created problems for foreign nationals. Foreign nationals may be faced with abandonment of their I-485 Adjustment application under 8 C.F.R. 245.2(a)(4) if they depart the U.S. without an approved Advance Parole or valid H-1B, H-4, L-1, L-2, K-3, K-4, or V status. The expedite process for I-131 Advance Parole applications is the standard expedite procedure and can be found online.