It Is Very Important to Request EAD Extensions in a Timely Fashion

It is very important to request EAD (work permit) extensions in a timely fashion. A gap in employment authorization generates a number of practical and legal complications. The USCIS is working to improve the processing times for EADs. Hopefully, many who are waiting anxiously for their EAD renewals will have the approvals in time or without much of a gap in authorization. However, there is rarely a valid reason for not filing as early as possible. This should serve as a warning to individuals whose EADs will need to be renewed in the future.

Aliens should renew their expiring EADs and file most cases around 120 days prior to the expiration. Following this practice avoids gaps in employment authorization.

An alien is permitted to request the renewal of an expiring EAD up to 120 days in advance of the expiration. It is advisable to take advantage of the full filing window, if the ability to work legally in the United States is based solely on the EAD. The U.S. Citizenship and Immigration Services (USCIS) is permitted to take up to 90 days to process EAD applications. Filing 120 days in advance allows enough time to accommodate additional minor delays or problems with the EAD request.

The USCIS is taking the full 90 days, or close to 90 days, to adjudicate EADs. There have been times in the past when the USCIS processed EADs more quickly. As a result, some EAD holders file their extension requests expecting processing times in keeping with those they may have previously experienced. Around 60 days, and sometimes less, was typical. Our current experiences, however, are echoed by our colleagues, as the American Immigration Lawyers Association (AILA) has posted similar reports.

The urgent problem faced by many who have delayed their EAD extension filings is the prospect of not being permitted to work between the expiration of the current EAD and the approval and issuance of the new EAD extension. Unlike an H1B-type of petition, there is no employment authorization granted based upon a "pending" EAD, even if it is an extension request.

Those waiting for EAD renewals often ask about interim EADs. The USCIS local offices, unfortunately, no longer issue interim EADs, as they did before. Even when interim EADs were issued, it was required by the USCIS that the EAD filing had been pending for at least 90 days.
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