Work Authorization Card Delay Workaround

In the recent months, many immigration applicants have been seeing a delay in the issuance of their Employment Authorization Document – EAD card, also known as a work permit. The USCIS form I 765 is used to submit these work permit applications, often as part of an adjustment of status petition, such as a Marriage Based Green Card after a marriage to a US Citizen or after arriving on a Fiance Visa. Sometimes, these cards are issued as combo cards with a travel permit approval.

Specifically, the problem lately has been that the work permits are approved on paper, and then the actual cards are not issued until months later.

Due a class action lawsuit, there is some relief in that USCIS has now issued guidelines permitting employers to accept the I 765 approval letter as evidence of eligibility to be employed in the USA. The letter does not serve as an Identification Document, so you will still need your passport to identify yourself, but with the approval letter and your social security card, you will be able to seek employment.

The detailed USCIS guideline can be found at:

https://www.uscis.gov/i-9-central/form-i-9-verification-during-ead-production-delays-due-to-covid-19

Be sure to print this page to provide to your prospective employer when you are at the stage of being verified for your eligibility to be employed in the USA.

Although, the guideline does not specify this, but it is our opinion that you should be able to use this same guideline to attend a school or college that would normally accept a student with a valid work permit card.

If you have any immigration questions, or need the assistance of an immigration lawyer, please contact us for a free initial consultation. Whether you are looking for a Portland OR Immigration Lawyer or an immigration lawyer in general, attorney Mario Musil can answer your EAD Card questions and address any other immigration related concerns.

UPDATE – This Policy has been extended to February 1st, 2021.
Readers are urged to check the most up to date policies with USCIS at:
https://www.uscis.gov/i-9-central/form-i-9-related-news