Bylaw the USCIS must either adjudicate EAD applications within 90 days or issueinterim employment authorization. OnFriday May 26, 2015, anationwide class action lawsuit was filed against the USCIS for unlawfullydelaying the adjudication of applications for Employment AuthorizationDocuments (EADs). The lawsuit allegesthat USCIS’s failed to timely adjudicate applications for EADs and to issueinterim employment authorization, in violation of USCIS law.
Variousclasses of individuals may qualify for an EAD, including: individuals with apending I-485 (green card) application, students on OPT, and L-2, J-2, and H-4spouses. While the USCIS has not indicated as such, the volume ofEAD applications being received may be causing delays. Due to the recent retrogression of thePhilippines EB3 category and the new H4 EAD rule, the USCIS has certainly beenreceiving a large number of EAD applications.
It is important to note that unlike an H-1B extension,which if filed before the H expiration extends the work authorization while theextension case is pending, an application for an EAD extension must be approvedbefore the current EAD expires to avoid a gap in work authorization. Individuals applying to extend their EADsshould apply a minimum of 90 days before the expiration of the EAD card. Individuals must have a valid EAD in hand tobe authorized to work in the US.