Asylum and EAD Delays – An Update from the Ombudsman

The Office of the Citizenship and Immigration Services Ombudsman recently released its 2015 annual report to Congress. The report discusses all aspects of USCIS operations, and provides some new information about the asylum backlog and the government’s efforts to improve the situation.

To resolve the backlog, each Asylum Officer will have to complete 243 cases. Ugh.
To resolve the backlog, each Asylum Officer will have to complete 243 cases. Ugh.

You may already be familiar with the Ombudsman’s office–they are the ones who provide individual case assistance to affirmative asylum seekers and other USCIS “customers” (as they are called). They are also tasked with improving the quality of USCIS services by making recommendations to improve the administration of immigration benefits. The annual report includes these recommendations.

In this posting, I want to discuss a few of the report’s findings that relate to asylum. Also, I will discuss the steps USCIS is taking to address the asylum backlog, and some recommendations for future improvements.

First, some findings. The report summarizes where we are now: 

A substantial backlog of affirmative asylum applications pending before USCIS has led to lengthy case processing times for tens of thousands of asylum seekers. Spikes in requests for reasonable and credible fear determinations, which have required the agency to redirect resources away from affirmative asylum adjudications, along with an uptick in new affirmative asylum filings, are largely responsible for the backlog and processing delays. Although USCIS has taken various measures to address these pending asylum cases, such as hiring additional staff, modifying scheduling priorities, and introducing new efficiencies into credible and reasonable fear adjudications, the backlog continues to mount.

All this, we already know, but here are some numbers: At the end of FY 2011 (September 30, 2011), there were 9,274 affirmative asylum cases pending before USCIS. By the end of December 2014, that figure reached 73,103—an increase of over 700 percent (by May 2015, the number had grown to over 85,000 cases).

Probably the main reason for the backlog is the large numbers of asylum seekers arriving at the Southern border from El Salvador, Guatemala, and Honduras. When someone arrives at the border and requests asylum, an Asylum Officer gives the applicant a reasonable fear interview or a credible fear interview (if the person “passes” the interview, she will generally be sent to Immigration Court, where a Judge will determine whether she qualifies for asylum). In FY 2011, there were a total of 14,627 such interviews. In FY 2014, there were 60,085 – a four-fold increase. The Ombudsman notes that, “Various factors have contributed to this rapid rise in credible and reasonable fear submissions, including widespread crime and violence in Central America, where a majority of the applicants originate.” The report continues:

These substantial increases demand considerable USCIS personnel and resources. For example, many Asylum Offices now send officers to various detention facilities around the nation to conduct credible and reasonable fear interviews. Such assignments deplete resources previously dedicated to affirmative asylum applications.

Another reason for the backlog is that the rate of new affirmative asylum filings has grown. “In FY 2011, asylum seekers filed 35,067 affirmative asylum applications with USCIS.” “In FY 2014, asylum seekers filed 56,912 affirmative asylum applications, a 62 percent increase.”

In addition, between September 2013 and December 2014, the number of “Unaccompanied Alien Children” with cases before USCIS increased from 868 to 4,221. These cases receive priority over backlogged adult applicants.

So what has USCIS done to address the delay?

First, the Asylum Division has been hiring more Asylum Officers. In 2013, there were 203 officers; by January 2015, there were 350, and the Asylum Division has authorization to elevate its total number of Asylum Officer positions to 448. Unfortunately, Asylum Officers do not stay in their jobs very long. The average tenure is only 14 months. One reason for the low retention rate may be that the Asylum Officer position does not have great promotional potential. Salaries start in the low $50-thousands and max out at less than $100,000. By comparison, lawyers who work in other areas of the federal government can earn more than $150,000 per year (and salaries in the private sector can be much higher).

Second, starting in late December 2014, USCIS now interviews cases on a “first-in, first-out” basis, meaning that the oldest cases are interviewed first. There is concern that such a system will encourage people to file frivolous cases in order to get a work permit while their cases are pending, but so far, we really do not know if that is happening.

Third, in May 2015, USCIS announced that it would begin publishing estimated wait times for asylum interviews at the different Asylum Offices. Supposedly, they will provide an approximate timetable—roughly a two to three-month range—within which the interview will take place. We have been hearing about this idea for some time, and hopefully, USCIS will post this information soon.

Finally, “USCIS has implemented a range of policy and procedural changes in the credible and reasonable fear contexts that have had the effect of shortening case processing times.” For example, more interviews are conducted telephonically, as opposed to in-person, which helps save the Asylum Officer’s time. Of course, shortcuts potentially affect the quality of the decision-making, and USCIS is monitoring this. Personally, given that the large majority of applicants “pass” their credible and reasonable fear interviews, I think it would save time to eliminate the interviews altogether, and allow anyone to submit an asylum application and go directly to court.

The report also lists two ways to potentially accelerate the interview date: (1) interview expedite requests; and (2) interview “Short Lists:”

First, each Asylum Office accepts and evaluates requests for expedited interviews, granting or denying those requests based on humanitarian factors, such as documented medical exigencies, as well as the Asylum Office’s available resources. Depending on the Asylum Office, applicants may make these requests in-person or via email. Some Asylum Offices also maintain Short Lists, containing the names of backlogged applicants who have volunteered to make themselves available for interviews scheduled on short notice due to unforeseen interview cancellations or other developments. Backlogged applicants may wish to contact their local Asylum Office to inquire about the availability of such a list.

I discussed these ideas, and a few others, here.

Lastly, I want to briefly discuss the report’s findings related to delays obtaining Employment Authorization Documents (“EADs”). The main point of interest here is that the delays are seasonal. For various reasons, EAD applications filed during the summer months take longer. This means–if possible–try to file for or renew your EAD outside the busy season. To me, there is an easy solution to this problem, at least as far as asylum seekers are concerned: USCIS should make the EAD valid for two years instead of one, or better yet, tie the EAD to the asylum application, so it is valid for the duration of the case. I have discussed problems and suggestions for improvement in the EAD process here.

Perhaps it provides some comfort to asylum seekers to know that the U.S. government is trying to reduce the backlog and move their cases along. If you are interested to learn more, take a look at the full report.

Related Post

496 comments

  1. Hey guys, I just wanna share my processing time for the work permit with you. SO I applied for the work permit on April 12 and two weeks later I received the notice of action then another two weeks went by and I check my staytusonline and it says that “new card is being produced” and ten days later my online status said “New card was mailed to me” and usps drop it in mail 6days later.good luck everyone

    Reply
    • Hi congratulation , i apllied 11 april but until now just said CASE CASE REC IVIED can i ask you wich offile was applied your workd permit? mine was nebrasks

      Reply
    • That was pretty quick – Thank you for sharing it, Jason

      Reply
  2. Hi Jason I have a question. I had my asylum second interview on may 19th 2017 and today I received the approval notice for my EAD for 2 years category C08 I don’t know what that is it mean.

    Reply
    • It just means that your asylum case is still pending and you got your EAD. All EADs issued since January 2017 are valid for 2 years. Take care, Jason

      Reply
  3. hello
    i got a question , i filed my application i 589 to nebraska office , so for ead card should i file to the same office nebraska ?

    Reply
    • I do not think so – You have to look at the instructions on the I-765, available at http://www.uscis.gov, and it tells you where to file based on your category and where you live. Take care, Jason

      Reply
  4. after receiving the receipt from uscis confirming that they have received my EAD Application. Do l have to reply saying that the name and date of birth listed is correct ? or l should just wait for EAD card after receiving the receipt

    Reply
    • If it is correct, you do not need to respond. You can just sit back and wait for the card. Take care, Jason

      Reply
  5. Hello jason

    I have a quick question to ask. So i am in pending asylum case and had my interview on january 5 2017 and have been waiting for result. I did apply for work authorization under c08 category. I just received my new ead valid for 2 years with class type a05. Is that normal? Or is it because uscis made a mistake in issuing the category?

    Thanks

    Reply
    • A05 is the category for asylum granted, so this could be a good sign. I recommend you contact your asylum office to ask whether there is any news in your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Thanks

        I did email them today. My office is in arlington Virginia. The reaason i said it might be error is because when i try to check my asylum case online using ZAR receipt number, it is not showing anything. I have heard if ur case is granted the asylum receipt number status changes to card production. Is that true?

        Thanks again

        Reply
        • I do not know whether the receipt number shows that the card is being produced. You cannot check your ZAR number on line, so that is normal. Hopefully, they will get back to you with some info. They seem to be more responsive recently, so hopefully, they will reply. Take care, Jason

          Reply
          • Hello jason

            I havnt got any from arlington asylum office. I still have the a05 work permit and am just confused. Should i wait to hear the response from them? I am still allowed to use de work permit right even if they say the category was issued to u by mistake. Please any info you would give me is helpful.

            Thanks

          • You can use the work permit. I suggest you contact the asylum office and ask about the EAD and the category. Take care, Jason

  6. I was told the average waiting time for EAD renewal has been extended to 7 to 8 months. But I am not sure if its for the new application to be fieled after a specific date or all pending applications.

    Reply
    • I have not heard about that and recently we have seen EAD renewals take 2 to 4 months. Take care, Jason

      Reply
  7. April 6, 2017 at 12:39 am
    Hi Jason….
    Thank you for your earlier response. ..below is what was written on the notice to reopen mail from USCIS after I got d denial mail…please read..

    we have reviewed the application or petitions
    (Your case) listed above..we have reopened or reconsidered the decision previously issued on your case….we will notify you in writing when we make a decision on your case or if we need additional information….

    My question…does that mean my lawyer filed for motion to reopen after receiving the denial notice?and what does this reply of notice to reopen actually mean? Is it that my EAD will be mailed or that it will be denied? I asked my lawyer to file another EAD application since the 150days has passed as you advice…but he said no that that would result to multiple EAD application…that we just have to wait for their decision….Am crying right now! I have really suffered in United States…it is only by d grace of God that I have survived this far….Please kindly reply……thank you!

    Reply
  8. Hello JASON,
    I have been reading all you do here since i applied for asylum about 5 months ago. Please i have my document ready for submission for my EAD. But i am skeptical about the fact that they USCIS request birth certificate from some applicants. this is because i do not have one as i was running for my life and had no chance to grab all my documents. i only have my passport and ID card from my country. Do you think this will do?

    Reply
  9. Hi Jason
    My EAD WAS MAILED MAR 27TH,2017 AND WAS VALID FROM MARCH 16TH TIL MARCH 17,2017…I WAITED FOR THE CARD ALMOST TWO WEEKS BUT DIDNT RECEIVE IT…SO I CHECKED MY STATUS ONLINE AND IT SAYS EAD WAS DENIED AND WE MAILED UR DENIAL NOTICE ON MARCH 18TH….SO I CALLED MY LAWYER AND DEY CONFIRMED IT SAYING THE REASON WAS BECAUSE MY EAD WAS FILED 130DAYS INSTEAD OF 150DAYS..SO IT WAS DIA FAULT..AND DAT DEY REPLIED US IS AND NOW THE REPLY WAS THAT MY CASE HAS BEEN REOPENED…TO BE HONEST I AM SO SAD AND TIRED….MY QUESTION IS IS THIS NORMAL FOR us is to denial after mailing just because of it was mailed 130days and why don’t they wait before approving my EAD and denying it after just a day….please what is to reopen a case? And does that mean that I have to start the process all over again?only ur reply would be trusted as I don’t even know why my lawyer did not inform me about the denial notice in the first place…until my curiosity led me to finding out by myself online…..please help….Thank u

    Reply
    • If the EAD application was filed after 130 days, that was your or your lawyer’s mistake. I think it would be an error to try to reopen the case, as the EAD was properly denied (since you filed too early). I think you need to re-file a new application now that more than 150 days have passed. If this was your lawyer’s mistake, it was a basic mistake – any lawyer who knows about asylum should know about the 150 day rule. If your lawyer did not know, I would not trust him with the rest of your case and I recommend you look for a new lawyer. Take care, Jason

      Reply
      • Hi Jason….
        Thank you for your earlier response. ..below is what was written on the notice to reopen mail from USCIS after I got d denial mail…please read..

        we have reviewed the application or petitions
        (Your case) listed above..we have reopened or reconsidered the decision previously issued on your case….we will notify you in writing when we make a decision on your case or if we need additional information….

        My question…does that mean my lawyer filed for motion to reopen after receiving the denial notice?and what does this reply of notice to reopen actually mean? Is it that my EAD will be mailed or that it will be denied? I asked my lawyer to file another EAD application since the 150days has passed as you advice…but he said no that that would result to multiple EAD application…that we just have to wait for their decision….Am crying right now! I have really suffered in United States…it is only by d grace of God that I have survived this far….Please kindly reply……thank you!

        Reply
        • I may not have all the facts, so I would defer to your attorney (though if the first EAD application was filed too soon, I expect that it will be denied and the better approach is not a motion to reconsider but a new EAD application). I think you have to trust the lawyer and see what happens (or have another lawyer review the case, if you do not trust the lawyer). Maybe you can call USCIS (the number can be found at http://www.uscis.gov) and ask about the status of the case. Good luck, Jason

          Reply
  10. Hi Jason….
    I received an approval notice of my EAD March 27th,2017 saying my EAD has been approved and valid from April 17th 2017 til April 16th,2017….after 2 weeks I checked my status online and it says we have mailed you a denial mail on March 18th,2017 and d reason was because I filled my EAD 130days instead of 150days…I spoke to my lawyer and dey told me dey received another mail saying my case has been reopened and that they are waiting…. what does that mean?am just curious and so sad right now…because I was hoping I would get my EAD this week…please what is my faith? Is it normal and how long should I still wait to receive my EAD card??? Please your reply would really ease my stress….I have really suffered without an EAD….Its time I get a better job! I JUST WANT MY EAD…THANK YOU!

    Reply
    • Thank you so much Jason for the assistance and consultation. I have not received any reply from them yet, I contacted both and they told me exactly what is written under my receipt number update, “your case is transfered to Arlington VA and now they have jursidiction on the application …….”. I am going to call them again tomorrow. I have only 10 days left to lose my job and I hope it doesnt happen and I get my EAD by then before I am asked to leave the job. SAD.

      Reply
    • If you filed for the EAD too early, it will be rejected. If you filed after 150 days, you should get it. Maybe it is a problem of USCIS, but I cannot tell from your email. If your lawyer contacts them, hopefully, they can correct any error and send you the EAD. Good luck, Jason

      Reply
      • Hi Jason this is an update about my case.
        Well….I have been waiting since Mar 18 that my EAD was denied by USCIS and d same day I got a reopen notice from USCIS….summary…my EAD was approved March 17,2017…denied Mar 18,2017..reopen and reconsidered March 18,2017…after uscis found out that there was no reason denying it as my lawyers actually waited 150days before they applied for my EAD because that was USCIS initial reason for denying my EAD…I have waited 3 months now and no response from them…please what can I do…am so fraustrated….or I should i just say fucking fraustrated. …am so messed up at this point….please help with ur advice..Thank u

        Reply
        • You can call USCIS and tell them all this (maybe leave out the “fucking” part, though that is certainly justified) and ask them to expedite the case. This sometimes helps. Also, you can contact the USCIS Ombudsman – a link is at right. They can help, but they are not so fast. Good luck, Jason

          Reply
          • Hi Jason…thank u for ur repose again….I was told by my lawyers that USCIS stated that I can not expidite my case…and they asked me to be patient and wait…then I asked them what if it takes more that 3years to get a reply..should I still wait till then ?and that replied YES! At this point they asked me what I wanted dem to do for me…and I requested they send another EAD application .they also said they wrote a letter to the Texas office that reopen my case….my question is..I hope me sending another EAD application is not gonna be a problem???since I can’t expidite and I still haven’t gotten a response from them???I should have used USCIS Ombudsman link but like u said it takes longer time…am as confused as my lawyers as I only hope God help me out and grant me more patience to get through all this….please Jason as a lwayer…what would u have advice I do again???I await ur response…God bless U

          • If your lawyer asked to expedite, and the request was denied, you could try to get more evidence about why you need to expedite, and you can ask again. Unfortunately, it is not easy to make cases faster, and it is completely within the power of the asylum offices to make that decision. Good luck, Jason

  11. Hello Jason,
    My EAD expires on April 14th and I applied for renewal 90 days before the expiration. Now the satatus shows case transfered to arlington VA office. I have few days left on my current EAD. Do you have any link from USCIS stating the recipt works as an extension for 180 days in case I dont get my new EAD till the current one expires. Appreciate you can please share the link.
    Thanks

    Reply
  12. Hello jason,

    I just have a quck question. I am on pending asylum case and it has been pending for almost 4 years now. I had my first interview on september of 2013 and the second interview on january 0f 2017. The interview was very good but still havent heard anything from them. The other thimg that is worrying me most is that fact my ead expires after 3 weeks. I did apply for renewal like 4 month ago on december 20 of 2016 and got a receipt and a transfer notice . Yesterday when i checked the status of my case, it said that my case was transferred again to another office? Is it normal for uscis to transfer a case more than once? Please any information you would give me is helpful.

    Thanks

    Reply
    • The transfers are probably normal. Also, the receipt should automatically extend your EAD by 180 days. I wrote a post about that on January 25, 2017 – maybe that would help. As for your case, you can always email or go to the asylum office to ask about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Good luck, Jason

      Reply
      • Thank you so much jason

        I did email arlington asylum case about the status of my case , and they replied saying that the supervisor is aware of your case and she is trying to render final decision on your case. Does that mean both the officer who interviewed me and his supervisor make a final decision on my case?

        Thanks

        Reply
        • Usually, the officer makes the decision and the supervisor approves it. Take care, Jason

          Reply
  13. Hi Jason,

    I have received my EAD card,but it had a typographical error on the last digit of my A-number,so I contacted uscis as soon as I noticed the typographical error which was made by “USCIS”,so they sent me an Email with instructions asking me to return the card along with a statement letter and supporting documentation to make the correction.My question is how long will it be before I get my corrected card?

    They received my card on 2/23/2017 and updated my status to: Card has been received by uscis along with your letter.

    The Email uscis sent me says :Initial Review

    Today the calendar marks 30 days since I got that Email and still no change of status by uscis.

    Thank you and I appreciate the form of love that you put into this, which I think this world is not completely gone because of people like you.Blessings

    Reply
    • I do not know how long that takes, as we have not done that for anyone. I imagine they would give your case priority, and hopefully, it will only take a month or two. I do think you will have to follow up with them by phone and maybe Info Pass appointment (which you can make at http://www.uscis.gov). Maybe let us know once you get it, so we know how long it took. Good luck, Jason

      Reply
      • I received my ead card in the mail yesterday May 23rd exactly 90 days after uscis received it back from me to correct a typographical error on my A#.

        I hope that this can help someone in the same or similar situatuon. I give thanks to God that I can now work while waiting on my Asylum interview.

        I also give thanks to God for people with willing hearts to help like you Jason.Blessings and may the love of Christ be with all of you posting here.
        Case History:

        05/16/2017
        We ordered your new card.
        05/10/2017

        On May 10, 2017, your inquiry about the status of your Employment Authorization application, referral number Txxxxxxxxxxx, was completed.
        05/10/2017

        On May 10, 2017, we sent a response to your inquiry about the status of your Employment Authorization application, referral number Txxxxxxxxxx.
        05/10/2017

        On May 10, 2017, your inquiry about the status of your Employment Authorization application, referral number Txxxxxxxxxxx, was assigned to an officer for response.
        04/05/2017

        On April 5, 2017, your request to have your case expedited, referral number Txxxxxxxxxx, was completed.Was denied.

        04/05/2017

        On April 5, 2017, we sent a response to your request to have your case expedited, referral number Txxxxxxxxxx.
        04/04/2017

        On April 4, 2017, your request to have your case expedited, referral number Txxxxxxxxxx, was assigned to an officer for response.
        02/23/2017
        We received your card that you returned along with a letter from you.

        On February 13, 2017, your request to correct an error on your document or notice, referral number Txxxxxxxx, was completed.

        02/13/2017

        On February 13, 2017, we sent a response to your request to correct an error on your document or notice, referral number Txxxxxxxxxxx.

        02/10/2017

        We mailed your new card to the address you gave us.
        02/09/2017

        On February 9, 2017, your request to correct an error on your document or notice, referral number T1xxxxxxxxxx, was assigned to an officer for response.
        02/07/2017

        We ordered your new card.
        02/07/2017

        We updated your name for your Form I-765, Application for Employment Authorization .
        01/17/2017

        We received your Form I-765, Application for Employment Authorization .

        Reply
        • For USCIS, 90 days is not bad – I am glad you got it corrected. Take care, Jason

          Reply
        • Hi Raul,

          I am glad that you finally received your card. Just one question: what service center was processing the error on your EAD card?

          Thanks!

          Reply
  14. Hi Jason,

    I am an asylum applicant, and my application is pending. I applied for the renewal of my EAD on September 19, 2016, and it has been over five months that I haven’t heard anything about my case. I have been checking the status of my application online, and it says “Case Was Received.” I called USCIS several times. I filed for expedited processing twice based on the recommendation of the agent responding to my call, and they were rejected both times. I filed another service request on February 9, 2017, to check what the problem is with my application that it has been pending for so long, and I haven’t heard anything on that as well. Should I just wait indefinitely, or send a new EAD application?

    Reply
    • Something does seem to be wrong. I recommend that you make an Info Pass appointment and go in person to ask. You can make an appointment at http://www.uscis.gov. Also, I recommend you contact the USCIS Ombudsman – a link is at right. This office helps with delayed cases. Good luck, Jason

      Reply
  15. Hey Jason,How u doing.When do I start counting for 150days before I apply for an EAD

    Reply
    • The asylum receive indicates the date that your application was received. Count from that day. Take care, Jason

      Reply
  16. hi Jason,
    I applied for Ead after 163 days( c8 category). it has
    past a week and haven’t received any mail from them. usps tracker says received in Dallas lockbox. what step should I take?

    Reply
    • Wait a couple more weeks; there is nothing to do, and receipts take 3 or 4 weeks. Take care, Jason

      Reply
    • hi harry I hope you received your receipt notice .if yes please tell me how many days or week you waited from the time.the day you submit and the day you had in the mail ,

      thank you

      Reply
  17. Hi Jason, I applied for an EAD on 23 Jan and my application was received. I got a letter from USCIS a week after saying my application had been received and is in processed. What does this mean? Do I just sit back and wait or?
    Thanks for your answer in advance

    Reply
    • You have to wait for them to process the case. It probably takes between 2 and 4 months to get the EAD. Take care, Jason

      Reply
  18. Hello, I applied for ead after 150 day pending asylum. I received an email from uscis saying that your case has been accepted and routed to the uscis center for processing. And within 7-10 days by standard mail i will receive my official receip notice ( form i-797) with notice number…
    Does it mean it is already approved?

    Thanks

    Reply
    • It may mean that you will receive the paper receipt soon. I cannot tell from your question what stage of the process you are in. Typically, it takes USCIS between 2 and 4 months to process an EAD. Take care, Jason

      Reply
    • When did you receive an email after your package got delivered? Mine got delivered last week thursday still no email. How long usually it takes to Uscis for acknowledge receipt in email?

      Reply
  19. Hi Jason
    150 days after I sent my asylum application,I applied for my ead card and a letter was sent to me from uscis where I got my receipt number for and I began to check my status and on the 23rd of November 2016,it said delivered into my mailbox but I didnt receive.
    How do i go about getting another ead card?

    Reply
    • You will probably have to apply again, but sometimes it is difficult to do that because USCIS thinks you already have an EAD card. As a first step, I recommend you call them, or better yet, go in person, to ask about the old card and get their advice. You can find their phone number or make an appointment at http://www.uscis.gov. Take care, Jason

      Reply
  20. Hello Jason
    I am i have applied for my renewal of the EAD they send me letter last week to say they received my paper. Today in mail o got nother letter yo say, they moved my case to Potamac service center, and that this center has jurisdiction over my case. Is this a concern for me. Will i get new card, i am really worried everyday about what can happen, ever since President Trump win. I dont know what can happen to me, i am on pending asylum.

    Reply
    • Cases are being transferred around the US based on USCIS workloads. It should be a routine transfer, and your EAD application should not be affected. Take care, Jason

      Reply
  21. Hi Jason,

    I applied for initial work permit and it was received on November 29th, on January 6th they sent an email for RFE, I received the letter on January 13th and I replied right back and they received and confirm reception by updating the status of my case as response received. The RFE request mentionned as additional was about a copy of my birth certificate. Now they said on their online notification that I’m going to receive their decision via mail. As of today january 23th there is no move on my case whatsoever. What can I do? What do you think about that situation? I have really strong financial hardship, I’m breathtaking away!!

    Reply
    • We normally see the EAD take 3 or 4 months (though some parts of the country seem to take maybe 2 months), so I think you are still within the normal time limits. Hopefully, you response to the RFE satisfied them and you will get the EAD soon. You can call USCIS to inquire, but generally, they are not all that helpful (on the other hand, there is no harm in calling). You can find their phone number on their website, http://www.uscis.gov. Take care, Jason

      Reply
      • Hello Jason,

        I just want to let you know that I have a new update regarding my initial EAD. In fact , let me post KY timeline maybe it could be helpful to others :
        Application sent to Vermont office: November 27, 2016
        Application received by Vermont office and Transferred to Nebraska office on : November 29, 2016
        Receipt confirming reception received: December 9, 2016
        Request to correct an error on my name that same day.
        Update on my name confirmed: January 3, 2017
        Request for additional Evidence by email: January 6, 2017
        RFE received by mail ( birth certificate request): January 13, 2017
        Response sent to USCIS: January 14, 2017
        Confirmation response received by USCIS : January 17, 2017
        Card is being produced update: January 25, 2017
        Card mailed to me update: January 27, 2017.

        Now, I’m waiting to get the card in hand, let’s hope I’ll get it next week. I know how hard it is, the feeling of being worthless sometimes, but keep faith, even I don’t have an interview yet but I stay positive and consider having that as a big step toward my goal. Good luck to everyone. Thank you Jason, you highlighted my darkest days.

        Hyme

        Reply
        • I hope you get the card, but all that you wrote sounds positive, so that is good. Maybe let us know if you get it. Thank you, Jason

          Reply
          • Hello Jason,

            Once again I have an update. Youpieee!
            Monday, January 30th, 2017: I received the approval letter by mail.

            Tuesday, January 31th, 2017: I received the card by mail finally.

            Considering the situation for that matter I can say that I’m very blessed. Thank you Jason, I learned here a lot from you. Even that my asylum application is still pending with no idea of when I will have a chance for an interview, I stay positive, now I’m going to try to secure a job and feel worthy again and go to college back!

            Thank you again Jason!

          • It is nice to hear some good news – Thank you and good luck with the job search, Jason

          • Applied for restricted Social security #: 01/31/2017
            Received the card in mail: 02/06/2017

  22. Jason,

    IMe and my wife have applied for asylum. As it was pending after 150 days i applied for EAD. Her status has been updated to card sent to u but my status is still at that they received my application. Some background, Before i applied for asylum i was on h1b and before h1b i was on OPT. When i asked my lawyer that i already had OPT EAD, do i have to pay fee for EAD she said this is totally different case, that is why i dont have to 380 dollars new EAD. Me aand wife some difference in SRC # like 11**** and 12****. Is this delays just due to difference of receipt # or due to complexity of my previous work autorization. And one more thing i am the main applicant.

    Reply
    • I don’t think this is something to worry about. Cases get processed at slightly different rates, and your story does not seem very surprising to me. We are seeing EADs take 3 to 4 months from the time of filing (in some parts of the US it seems to be faster), so if you do not get the card in that time frame, then you can contact USCIS about it. Take care, Jason

      Reply
    • Hi Rick,

      I am in a similar situation as you,but I have not received my notification receipt in the mail yet and my wife did.Her application was received on January 17th and got her receipt notification in the mail yesterday.I don’t know if it means that mine will take longer time to be processed.

      Did you and your wife get your receipt notification together in the mail? ……I appreciate your update,so that I can know what to expect as I am also the main applicant …

      Reply
      • Hopefully, you get the receipt soon. If not, you can contact the local asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

        Reply
      • Hi Jason,thank you for your response.I have got my receipt in the mail yesterday,but I noticed that there is an error on the last digit of my A#…..they put a 9 instead of a 0….I will call USCIS customer service number 1800-375-5283 listed on my receipt.Would you know if that correction will delay the issuing of my EAD?…….They already have the evidence with the correct A# that I sent in with my I-765 application.

        Raul

        Reply
        • I am not sure how to correct that. If calling does not help, contact the local asylum office to see if they can fix the problem. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

          Reply
    • Hi Rick,
      May I know what happened after. I am in the same situation. As of today, my wife’s EAD got approved, while there is no status change on mine. I hope you got yours approved by now. If so, how many weeks after? I appreciate your info.

      Reply
  23. Hi Jason, thank you for the amazing work. I moved out of the address I had provided to USCIS and I had a problem with my new address but I received the asylum approval letter 🙂 via a friend (they send it to my roommate and I don’t know how) but I haven’t received EAD. I assume it was returned back by USCIS due to my address problem. How can I ask for another EAD from USCIS? In the approval letter it says to contact the asylum office with in 14 days if I don’t recieve the EAD. Thanks

    Reply
    • You may have to apply for a new card. But first, contact the asylum office to see whether they actually sent it. You can find their contact into if you follow the link at right called Asylum Office Locator. Also, you might try calling USCIS (the phone number can be found on their website, http://www.uscis.gov), as they are the ones who actually produce and mail the card. Take care, Jason

      Reply
  24. Hi Jason,

    Hope you are doing well.
    I am asylum applicant. There was a problem with my name when I submitted my i-589 form and received work authorization with the same name.I have changed my name in asylum office and in civil court.
    I have called many times to USCIS customer services to ask about how to change my name on work authorization card. I received different instructions that were different from each other.
    Can you tell me how can I change my name on authorization card? Should I apply for new work authorization card and attached court order and asylum office letter?

    Best regards

    Qudrat

    Reply
    • First, you probably have to correct your name with the local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Then, you may need to file for a new EAD. In truth, this is a huge pain to fix, and you might be better off using the erroneous name until you have your asylum interview, and then you can talk face-to-face with an officer and try to correct the error. Anyway, I suppose you can try to fix it and see if you can make some progress. Take care, Jason

      Reply
  25. Hi Jason,

    Thanks for the great article.

    I have a question for you, does a person who obtained EAD card through pending asylum able to work all empolyers ?

    Thank you

    Reply
    • Any employer who will hire him. Some employers require US citizens, but generally, employers are not allowed to discriminate. Take care, Jason

      Reply
  26. Hi, Jason. I submitted my asylum application on August 2016, and have my biometric taken on September. I am planning to marry on 2017. My finance came here via visa and overstay. Can I add him to my asylum case? Can he also apply for workers authorization card? Thank you.

    Reply
    • Yes and yes. Contact the local asylum office regarding the procedure to add him to the case. It can take some time, and it can also be annoying, as they do not always add the person as quickly as you might hope, but you can do it and he can get a work permit whenever you are eligible (he does not have to wait 150 days from the date he is added – the “clock” starts when you filed your case). Contact info for the local asylum office can be found if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  27. Here is my EAD STORY
    Applied Ead on 23 oct (151th day)
    Notice date on 25 oct
    Case status changed to Case approved on 25Nov
    Cardmailed on 28Nov
    Card recieved on 1Dec
    Thank you everyone .
    I can finallywork in Wallstreet

    Reply
    • Congrats. Wall Street is a great place to work. Might I ask what state you are in? The processing time seems to vary between states. Thank you, Jason

      Reply
    • Congrats Mr. Hari

      You applied in Houston Tx ?

      I also applied and waiting for EAD.

      Thank you for above info. I am relaxed, reading it !

      Regards
      James

      Reply
  28. Hi Jason,

    First of all thank you so much for all of your help!
    I renewing my EAD card! I will send it to USCIS on December 2, 2016.
    Beside these documents, what else do you I need to send?
    1-380$ fee
    2-copy of my current EAD back and front.
    3-two passport photos.
    4-form I-765.
    5- a copy of my I-94 form.
    Is there something else that I need to attached for renewal my EAD?

    Thanks a lot!

    Reply
    • Sorry – I cannot answer specific questions like that, as it would potentially make me liable for any errors. If you read the instructions, you can see everything you need to send. Take care, Jason

      Reply
  29. Hi Jason
    My EAD clock was stopped because i failed to appear for my interview due to error of the US postal service. But the postal service admitted the mistake and provided me with a letter which i sent to USCIS for my case to be rescheduled. Since my case was already gone to court there was nothing to be done by USCIS. After two years wait for a master hearing , the immigration judge in the Baltimore court allowed my clock to start.Months passed without the clock starting and i asked the court administrator for the reason and she said i had to contact USCIS.
    My questions are .
    1. Do you see a chance or a way i can get a work permit by passing though their complex bureaucracy ?
    2. I have been researching about the ABT claim which most lawyers i talked to don’t know much about including my lawyer. Does it relate to my case ?
    3. Its been almost 4 and half years since i applied for asylum. The sudden rescheduling in the Baltimore court is killing me. They gave me another master hearing a month before my individual hearing. I have been waiting for a year and half. My current hearing is on Dec 2017 . In the meantime my longtime girl friend is asking me to marry her. Does it seem a more preferable option ? or should i wait and see the decision first ?
    Sorry for the long post. President trump is making me nervous

    Reply
    • 1 – The clock should have started at the Master Hearing. Maybe your lawyer can contact the court administrator again and ask that the time be credited to you, so you can get your EAD sooner. Unfortunately, the rules related to the clock are a mess, and Baltimore tends to interpret those rules in a way that is not favorable to immigrants. 2 – I do not know what an ABT claim is. 3 – This is up to you. If you are eligible for a green card through her, and you want to get married, that is a better way, especially given all the troubles you have had so far. On the other hand, if you plan to stay with her, but do not want to get married, you can continue your case. If you lose, you can always get married at that time and apply for the green card (assuming, of course, that you are eligible to get the green card this way). Take care, Jason

      Reply
      • Thank you jason

        Reply
  30. Dear Jason,

    i should probably write you one time just to say thank you for your help on that platform, unfortunately i have another questions regarding my asylum pending case.

    1- As my application has been sent to the USCIS on june 27th, 2016 i never really have any news only the receipt of acknowledgment and the appointment request for biometric. Im not really worry about that because i already learned its gonna be long journey. Otherwise i still feel concern because i dont have anny real correspondance with the immigration and i wonder if i can try to see the status of my case online using my A-number or maybe my receipt number alphanumeric .
    2- I just learned from someone in the same situation than me that by having that EAD card its not really worthy for a more quoted position job and even sometimes its appear to be difficult to have the less worthy position based on the object of the EAD card that person have. Im not saying that is true nor i cant even confirm it and i dont even say that i should be able to work in on of the highest position, im just concern that EAD card isnt at least 35% the right path for a well establishement over here.
    3-Does it possible for you to give me an idea of how long it could take for someone living NY? if it use to be less than 4 months generally i would be happy and a plus.

    thank you sir

    Reply
    • 1 – You cannot see the status on-line, and they will not contact you again until it is time for your interview. The best you can do is watch the Asylum Office Scheduling Bulletin, a link is at right. 2 – The EAD card let’s you work anywhere that will hire you. Some people get great jobs; most do not. The EAD will now be valid for 2 years instead of 1, and this may make employers more willing to hire and promote people with EADs. 3 – Check the Asylum Office Scheduling Bulletin. Take care, Jason

      Reply
      • Good morning Jason,

        Thank you i understand that i cant see my status online but when i used their phone number to make sure of my clock and when i could apply for EAD they said that they didnt recognize my A-number and when i call this morning regarding that the representative told me the same thing. im really concern. Even they will not contact me till my interview is scheduled, im wonder why i cant have any information regarding my case. PS: im located at NY,Long Island.

        Reply
        • The 1-800-898-7180 number is only for cases in court; not the asylum office. If you have the receipt, your case is pending. I do not know what other information they can give you. If you are concerned that your case is no longer in the system, I suppose you can contact them or go in person to confirm that it is still pending. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

          Reply
        • Hey buddy, don’t worry. Just calculate 150-160 days from your priority date on the firgerprints letter. We didn’t receive case acknowledgement neither, but didn’t have any problems with ead

          Reply
  31. HI JASON
    I HAVE APPLIED FOR EAD BASE ON PENDING ASYLUM EXACTLY BY 3TH OCT 2016, AND I’VE GOT THE RECEIPT AFTER 1O DAYS FROM NEBRASKA, SHALL I WAIT FOR BIOGRAPHIC APPOINTMENT LETTER OR ANY ONLINE UPDATES?
    THANKS IN ADVANCE

    Reply
    • Sounds like everything is normal. You probably will have a biometrics appointment (not always) and then get the EAD, but it often takes a few months. Take care, Jason

      Reply
      • thank so much for your reply, i received update by today Nov 14th ( New Card Is Being Produced).
        regards

        Reply
        • Hi Kain, did you get your EAD?

          Reply
  32. Hi,
    Is there any help if i make an appointment for infopass inorder to put requeat to pls expedite my ead renewal? Im waiitbg for my 2nd ead. The employee told me if i dont show new ead before expiratio. Of first eas i will loose my jobthey will terminate me

    Reply
    • You can try that. It is unlikely to work, but it is worth a try, as it will not do any harm. You can also call the number on the http://www.uscis.gov website and ask for help that way. Finally, you can contact the USCIS Ombudsman (a link is at right) – they help, but they are not very fast. Take care, Jason

      Reply
      • Ok. Thanku

        If. I take offocial email from hr stating they would terminate me. Would that suffice the proof? Or do i need to get any particular letter from employer that would help?

        Reply
        • You can get a letter from the employer, and maybe that would help. They would just need to explain that you will lose your job when the EAD expires. Take care, Jason

          Reply
  33. Hi Jason, and all!
    I hope you are well!
    I have two questions,
    (1): I want to renew my EAD based on Asylum pending applicant. On the form I-765 question number 15: asks what is my Current Immigration Status ( Visitor, Student, etc)? I came as a student visa and my visa expired on July 2014. What should I write on question number 15 since my visa is expired!??
    (2): I live in Idaho! Last year I sent my EAD application to Nebraska USCIS office to renew it. but this year on USCIS website says if you live in Idaho, you need to send it to Phoenix USCIS office. Are you aware of that change? Do you know why did they changed it? I am just a little bit concerned that I won’t send it to a wrong address!

    Thank you very much,

    Bryar

    Reply
    • 1 – I cannot give such specific advice here. In general, for that question, if you do your best and they do not think you are lying, you will be fine. 2 – I am not aware of the change, but I do not have many clients in the mid-West. Make sure you carefully read the instructions, but if that is the address where you are supposed to file, then you have to send it there. Take care, Jason

      Reply
  34. Hi Jason

    I am going to renew my EAD and need help to fill in the question no 11 on the form I-765: Have you ever before applied for employment authorization from USCIS ? The answer is yes but not sure about: Which office ? I sent it the Vermont service center but then they transferred it to TExas office . The I-797 was produced by Texas service center. So which office should be I use to fill in the form ? Also the dates ? is it the date of EAD start and end date or date of my previous application or received date on the I-797 ?

    Thank you

    Reply
    • Sorry – I cannot give specific advice about this. In general, as long as you do your best to explain where and when you filed, you should be fine. If they need more info, they will send you a letter and ask you. Take care, Jason

      Reply
  35. Hey jason we really appreciate ur help
    And i have a question now i have EAD and social security number as an asylum applicant and the question is can i rent something like store or kiosk at the mall on my name and build good credit like a resident or there r rights I can’t have it cause I don’t have a green card yet ?! Or i have the same rights with the Ead and ssn like a green card holder except I can’t travel anywhere !? Like can i build good credit and apply for home in 2 years even if I didn’t grant the asylum still ?!
    We need ur opinion on that sir
    Thanks in advance

    Reply
    • I think you can do all these things with an EAD, or at least you can try. You may get rejected for a loan, or you may not be able to get a kiosk, but I think legally, you should be able to do such things with an EAD. Take care, Jason

      Reply
      • Like on renting sir they just ask for ssn and id so is the ssn if they check it on the system does it say the EAD expires in one year or something?! I have a friend the same case he says he has high credit score and got car lease and loan like normal but i just wanted to get sure from u

        Reply
        • I don’t know much about it, other than what I mentioned. Sorry, Jason

          Reply
  36. Hi Jason, I am applied ead on Sep 14th(pending asylum case), & I got got receipt notice on sep20,after one month(Oct14)I I called uscis-customer service they told me ,we will take a decision with in 15 to 20 days and I question is that how long it take to get ead card…

    Reply
    • ***my question is that how long it take to get ead card

      Reply
    • We see waiting times of 3 to 4 months. In other parts of the US, it seems to be faster. Take care, Jason

      Reply
      • Thanks….Jason

        Reply
  37. Hi Mr. Jason,

    I applied for EAD form I-765 based on a Pending Asylum, 156 days has passed and I applied, I also submitted form G-1145 form Electronic Notification once USCIS receive and processes the Application. Unfortunately I didn’t receive any electronic notification or receipt notice in the mail. I sent via USPS on September 26, and the Tracking Number shows that it was delivered on September 30, 2016, in Dallas TX, to the USCIS LockBox for people residing in Philadelphia, PA. Since the 180 days didn’t reach is that the reason they can’t process the Application? And for this reason I didn’t receive any electronic notification or receipt notice in the mail?

    I am not sure. When 150 days has passed and I applied what’s the amount of days I expect to receive in my Mail the receipt Notice with the Case Number ?

    What I would you to clarify me Me. JASON, is that if this is normAl since the 180 days is not reached yet? Or they still have to send the receipt Notice once they receive the Application in the P.O Box in Dallas, TX?

    I am thinking to send a new application if I don’t receive any notice in the mail from them. Maybe the Application is lost. Should I file a new application?

    Thanks in Advance.

    Noel

    Reply
    • It is too soon to worry about this. It takes USCIS time to send a receipt (by email or mail). If the post office says it was received, you should be fine. If another week or two passes with no news, then you can worry. Take care, Jason

      Reply
  38. Hi Jason

    I’m not sure if this is right forum to this particular matter but if you could give me some help from your experience, it will be an enromous help. I am an Asylum Seeker here in the U.S, I filed my case in Jan 2015, Still waiting for interview date to be confirmed. My case history is bit complicated, I was lucky enough to find a job with a sponsored visa while I was still on B1/B2 so that company applied for my H1B and I myself submitted my asylum application. my H1B was approved after 2 months of submission but my asylum case is still in progress. After year and Half, I resigned from my Job and applied for EAD which was approved in two months, So I have it with me now. I am in a relationship with a US Citizen and he proposed me. Would there be any complications or legal matters and there are two possible scenarios but if you know of any such case, I would be grateful if you could give some advise on this matter. Thank you

    Reply
    • If you marry a US citizen and you are otherwise eligible (no criminal or immigration violations), you should be able to get your green card based on the marriage. Once you have the green card, if you want, you can cancel the asylum case. Take care, Jason

      Reply
  39. Sir i had applied for asylum when should i applied for EAD. After 150 days or shuould i wait more. And when usually an EAD is given to the applicant after it is applied.
    Any help would be higly appreciated.

    Reply
    • Look at the receipt and it will tell you when your asylum application was received. Add 150 days to that, and that is the day you can apply. Do not apply early, as it could be denied. It takes from 1 to 4 months to get the EAD after you apply. Take care, Jason

      Reply
  40. Hello, I applied for employee authorization based on asylum before 150 days, and they denied my application because applied 150 days, Can i re-application for employee authorization ?

    Reply
    • Yes – Normally, USICS denies the EAD if you apply too early. Try again, and you will need to indicate on the form that you filed to early and it was denied. Take care, Jason

      Reply
  41. Sir now i have applied for the EAD for the first time after the 150 days passed and now it’s almost 30 days since I applied from kentucky to Texas office and didn’t get any approve or receipt or anything!! Is that normal or i should call the USCIC and ask what’s going on my EAD ?!

    Reply
    • Normally, you would at least have the receipt. Did you send it to the correct address? Do you know whether it was received (post office tracking)? I suppose you can call them to ask. The phone number is on the http://www.uscis.gov website. Take care, Jason

      Reply
      • Yes sir i sent it to this address which is mentioned on the uscis site hmm i have sent it since one month and didn’t even get a reciept ! So shall i call them ?!

        USCIS
        Attn: AOS
        2501 S. State Hwy. 121 Business
        Suite 400
        Lewisville, TX 75067

        Reply
        • That address does not look familiar to me, but maybe you are in a different part of the US. If you do not get a receipt soon, you can call them. Maybe they can help. Good luck, Jason

          Reply
          • i called them yesterday sir and they told me they sent me a receipt and it came back again to them cause they had a wrong address for me so i corrected it for them and they told me they will send it again in the next day to the correct address
            thanks sir

  42. Hello,
    How soon can I apply to renew my EAD?
    The current EAD will expire in about 4 months from now, and I have a pending Asylum application.
    Any help?

    Reply
    • Because the process can be slow, I recommend you file 120 days before your current EAD expires – that is the earliest you are allowed to file. Take care, Jason

      Reply
  43. hey jason thanks for helping and i have 2 quick questions for you :
    1st- i applied for asylum 6 months ago and applied for my EAD 20 days ago but now there’s an update that i’m about to marry my american girlfriend that i knew 4 months ago so now is that asylum case gonna make it complicated while applying for the green card through marriage which i know it’s easier and i have friends got the green card in 3 months after marriage so now can i withhold or withdraw the asylum applications? and if i get green card from my wife will it’s be okay to go visit my country that i said it’s dangerous and made an asylum case? or it will be a problem? or as long as i got the green card from marriage they don’t care?

    2nd question is now when i get the EAD FROM THE asylum pending case will i still need sponsor while applying for marriage? cause my wife income isn’t that high and we will need sponsor or as long as i have work permit then no need for sponsor? or i have to file a good income tax by myself next Jan and then apply for the marriage? cause i don’t know any one who could make sponsor for us
    thank u in advance

    Reply
    • 1 – You should talk to a lawyer to make sure you are eligible to get your green card based on marriage, but the asylum would not be a problem in that regard. I recommend that people keep the asylum case open until they actually have the green card, and then they can close the asylum case. As for travel to your home country, probably this would not be a problem, but if it causes the US government to think that your initial asylum application was a fraud, it could be a problem. 2 – She still needs to be your sponsor. As for whether you can be your own joint sponsor, you need to consult with a lawyer who knows the specifics of your case to answer that. Take care, Jason

      Reply
  44. I want to submit for ead renewal based on pending asylum c8. my first ead is going to expire in nov 2016.
    can someone help me what documents I need to send with form 1-765 for ead renewal? can I do it myself or is it suggested to go through attorney? I’m going through financial crisis
    also, if there is a fee then how to send the fee with it. Though I’m job less these days and looking for work 🙁
    I want to send my ead application renewal form because I don’t ve money to pay to attorney for it. They charge too much.
    Those who have already renewed ead based on c8 category which is pending asylum, please help and guide.

    Reply
    • You renew based on the pending asylum category. You have to pay the USCIS fee or file a fee waiver request (form I-912, available at http://www.uscis.gov). The I-765 form instructions list the documents you need. You can use a lawyer or not, it is up to you. Take care, Jason

      Reply
      • im little confused in socuments. i resd the instruction file. what i understood is below:-
        copy of old ead
        uscis receipts received previously on form i 595
        finger printing done previoulsy copy of it.
        passport copy

        since im on pending asylum. is there anything like proof of pending asylum need to be submit?? please correct if im missing any document name that needs to be included.

        Reply
        • Sorry – I cannot comment on documents that need to be submitted, as I am not familiar with the specifics of your case. You should look at the instructions carefully, or talk to a lawyer if need be. In general, if you forget to send something, USCIS will send you a letter explaining the omission, and then you can send them the missing info. Take care, Jason

          Reply
          • Hi,
            I got a good job just now after strugling hard almost a year. My ead is goinf to expire in nov 11,2016. I have put a request to renew my ead last month.
            The employer wants new ead before nov 11 else they will terminate me. Is there any way to expedite or get an interim ead so that i dont loose my job?
            My center is nebraska lincoln

          • I know of no way to get an interim EAD. You can call USCIS (the phone number is on their website, http://www.uscis.gov) and explain the situation. Theoretically, they can expedite for you. It is worth a try. You might also contact the USCIS Ombudsman – a link is at right – but they may not move as quickly as you want. You could also do both, but calling USCIS is probably the best bet, Good luck, Jason

  45. Thank you for all information.

    Today, I applied for my EAD card after waiting for 150 Days. my question is that how long it take to get the EAD card ?

    Reply
    • Where I live (Washington, DC area), it can take up to 4 months. I have heard about people getting it faster (as fast as one month) in other places like California. Take care, Jason

      Reply
  46. Hi, Jason!
    I am waiting for my I-765 based on pending asylum approval (initial application) since April 4-th, 2016 (162 days). My case has been transferred several times (California – Virginia – Texas – Nebraska – Virginia). I am contacting the USCIS to get the updates, including level 2 officers. Yes, even they are surprised to hear it is waiting for so long, but all the notices I get from them by mail are either transfer notices, or “Wait another 30-60 days”.

    Last time I was trying to expedite my request due to financial difficulties, Level 2 officer helped me to do that, but after couple of days I received a denial letter saying that my case is already being reviewed by an officer and I should expect the reply till September 16-th. However, today is September 13-th and myUSCIS is showing “We will assign an officer…”. So as I can see no hope to get any reply on the 16-th. What algorithm would you recommend to get my case approved as soon as possible? Why can’t I get a clear response, why my case approval is delayed for over 70 days and the reason for so many transfers.

    Thank you in advance!

    Reply
    • The transfers seem to be a new thing, but I do not think that is causing the delay. It might be the result of higher volume at USCIS, which is causing delays across the board, but I do not know. Besides calling, you can go in person with an InfoPass appointment (you can make an appointment at http://www.uscis.gov) and/or contact the USCIS Ombudsman (a link is at right). The Ombudsman can be effective, but it is often not very fast. Anyway, at this point, you should try everything. Good luck, Jason

      Reply
      • Thanks for your reply, Jason! I even did’n have to wait for Infopass – “New Card Is Being Produced”. Don’t know, who exactly helped, congressman or ombudsman, but it definitely worth asking them for help. Good luck, everyone!

        Reply
  47. Hello,
    Today the Asylum office asked me for second interview for short notice for tomorrow. Can you help me with that? And why they need a secone Interview?

    Reply
    • I cannot assist with the interview. There are many reasons for that – they have new info on your case, they forgot to ask you some questions, your officer left and they need to re-do the case, etc. Hopefully, it will be something quick and you can get a good decision. Take care, Jason

      Reply
  48. Hi Jason,

    Hope you are doing great. I am asylum application and working in education organization at New York. I had applied to renew my EAD about three months before my current EAD card expires. It is about four month passed and I am waiting for renewed EAC card. My employer told me to produce renewed EAD card otherwise I will be fired from my job. My current EAD card expired about month ago.
    My question is,
    I have receipt from USCIS office about receiving my EAD renewal application. Is is reasonable to tell my employer that my EAD is under process and I can work with them. Is there any justification or law that can allow me to work in those days where my EAD application is under process for renewal? Please advise in this regard.

    Qudrat

    Reply
    • Unfortunately, you cannot work without the EAD. This rule is changing for people waiting for a renewal, but the change has not yet been implemented. I wrote about this on December 29, 2015, and there is a link there to the new rule. Maybe you can show that to your employer. Otherwise, call USCIS (the number is on their website, http://www.uscis.gov) and ask about this. You might also contact the USCIS Ombudsman (a link is at right) – they can help, but they are not so fast. Good luck, Jason

      Reply
    • Hi Qudrat,
      can you pls tell me what documents u submitted on renewal of ead? my category is pending asylum.

      Reply
  49. i apply my i765 on april 24th (pending asylum case) i submit service request, responce on service request was uscis is trying best to get background check check back in 6 months from this date how long background check takes

    Reply
  50. Hi Jason,

    My mum, dad and I applied for the EAD 150 after applying for asylum. They received our application for EAD on June 27. A month later I called about the case status. I got the following email for me and my mum but did not receive any correspondence about my dad’s application. What do you make of this?

    “U.S. Citizenship and Immigration Services (USCIS) records show that your case is currently pending adjudication. However, we have had to perform additional reviews on your case, and this has caused a longer processing time”.

    Thank you!

    Reply
    • It sounds like a standard message. We are seeing people wait about 4 months for the EAD, so if you have the receipts, and you have waited les than 4 months, you should be fine. Take care, Jason

      Reply
      • Hi Jason,
        40 days passed after I filed i-765. Will USCIS issue interim EAD if I apply for it or will it make any effect , like speeding up the process ? I dont want to bother them if it wont effect anything.
        Thank you.

        Reply
        • My understanding is that USCIS no longer issues interim EAD cards anywhere in the US. However, I am not 100% sure about that, so maybe you want to ask at your local office. I do not see how asking could affect your EAD application in a negative way. Our clients typically wait up to 4 months for the EAD. Take care, Jason

          Reply

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