Expect Delays in Issuance and Renewal of Employment Authorization Documents

People who have filed a green card application and are in the process of adjusting their status to permanent resident are eligible for temporary employment authorization documents (EAD cards).

There was a huge surge in green card applications in the summer of 2007 and the government issued 1 year EAD cards that are expiring now.

As a result, the government now has over 230,000 new and renewal EAD applications pending and has fallen behind in the issuance of EAD cards.

EAD applicants have to know that:

1. Processing of new EAD cards will likely take over 90 days

2. At this time, interim EAD cards may be delayed even if the application has been pending more than 90 days.

3. Applicants still cannot apply for EAD card renewal more than 4 months before the EAD card expires

4. Applicants are not permitted to work after the old EAD card expires and before a new EAD card is issued. If they continue to work they would be working without authorization. The government might refuse to approve the adjustment of status application.

This makes a very bad situation for the applicants, but there is not much that we can do other than make an appointment for the applicant at the local office to try to get an interim EAD card once the application has been pending more than 90 days.

Calling USCIS has not been much help, by the way. Applicants are finding they get a different answer each time they call.

My advice if you have an EAD card and need to renew it is to apply as early as possible–four months before the expiration date.

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Written by Chris Jaensch

Attorney P. Christopher Jaensch received a Bachelor of Arts degree in History in 1992 and a Juris Doctor degree in 1995 from the University of Florida. While at UF, he was a member of Sigma Chi Fraternity, Phi Beta Kappa Society and Florida Blue Key, the oldest and most prestigious leadership honorary in the state of Florida.

Mr. Jaensch is a member of the Florida Bar, the American Immigration Lawyers Association (AILA) and the Sarasota Bar Association. He has served as President of the Sarasota-Manatee International Trade Club and served as Regional Vice Chair, Tampa Bay, for the Central Florida Chapter of AILA. He was a member of City of Sarasota Charter Review Committee and has been active in several local organizations, including the influential Laurel Park Neighborhood Association in downtown Sarasota.

Mr. Jaensch has over 18 years of experience in the field of immigration and nationality law and focuses his practice on four primary categories (a) investors and entrepreneurs, (b) business executives, managers and professionals, (c) amateur and professional athletes and coaches and (d) performing artists and immigrants with extraordinary ability.