4/19/2006

The USCIS Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads. Recommendation to USCIS that it:

1) begin issuance of multi-year Employment Authorization Documents; 

2) issue Employment Authorization Documents valid as of the date any previous issuance expires; and 

3) amend the regulations such that K-1 non-immigrants are not subject to breaks in employment authorization.

Several classes of aliens are authorized employment incident to their immigration status including asylees, lawful permanent residents, certain non-immigrants, lawful temporary residents, certain parolees, and aliens in Temporary Protected Status. With limited exceptions, most classes of foreign nationals who are authorized employment are required to apply for evidence of employment authorization using the Form I-765, Application for Employment Authorization.

USCIS issues EADs with validity periods beginning on the dates of Form I-765 approval, and in so doing does not take into account any previously-issued EAD periods. As a result, applicants receive documents that effectively are valid for less than the one-year period referenced on the EAD. This practice is a source of many complaints from applicants and practitioners who find themselves filing (and paying) for more EADs than is truly necessary. 

For example, an applicant who holds an EAD that is set to expire on March 31, 2006 may wish to apply for employment authorization in December 2005 to ensure continuous authority to work in the United States (current USCIS processing times exceed 90 days in some jurisdictions4). If the applicant applies for a new EAD, and if the application is approved on January 5, 2006, the EAD will be valid for a specific period (see section C above) beginning January 5, 2006. However, this approval does not take into account that the previous EAD was valid until March 31, 2006. In effect, the applicant loses almost three months of authorized employment, and the individual will have to apply for the next EAD, if necessary, three months early. 

If instead, USCIS were to approve new EADs in seriatim – to be valid for periods to begin on the date of expiration of any previous EAD issuances – the applicant would receive the full period previously paid for, plus the full new period based on the new issuance. 

Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. 

The USCIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD.

 

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