The Immigration Service Tries to Pull a Fast One With EAD Work Authorization

Recently the Immigration Service posted a proposed rule regarding the EB-1, EB-2 and EB-3 employment categories.  Buried at the end of the rule is a very disturbing proposal to eliminate the “90 day” and “interim work authorization” regulations which help individuals who have applied for work authorization via an EAD card.

The most common use of the EAD for work authorization is F-1 students who apply for Optional Practical Training (OPT) after graduation and individuals who apply for Adjustment of Status to permanent residence through an approved employment or family petition.  In these, and almost every, EAD situation obtaining work authorization is critical to the applicant.  Not only is employment delayed without the EAD but also collateral issues such as obtaining a driver’s license.

Under current regulations, the Service is required to approve the EAD application in 90 days or issue interim work authorization until the EAD is approved. Although 90 days has always been ridiculously long, at least there is some limit, and a remedy if the limit is exceeded.  The proposed rule will eliminate both of these requirements, at least for first time EAD applicants.

The American Immigration Attorneys Association has prepared a sample letter which can be adapted by anyone, any employer, etc. to object to the proposed rule during the “notice and comment” period which ends on February 29.  Therefore, if you are interested in using the sample, please modify it and send it to the Service at the address provided so that it reaches the Service no later than next Monday.   Maybe we can stop this nonsense before it gets any further.

Click on the link below to see the sample letter. 

 USCIS Sample Letter

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