USCIS Update on Two-Year EAD Processing

Posted by Badmus & Associates | Jul 25, 2008 | 0 Comments

USCIS provided to the American Immigration Layers Association (AILA) additional clarifications regarding eligibility for the EAD 2-year card.

In issuing 2-year EAD cards, the USCIS will consider the following factors:

1. The permanent resident visa processing times (“retrogression”) at the time the I-765 application is filed. However, if the priority date is current as of the date of filing, but later retrogresses while the I-765 application is pending, USCIS has the discretion to review the case again and issue the 2-year EAD. If the priority date is backlogged as of the date of filing, but later becomes current while the I-765 is pending, USCIS also has the discretion to review the case again and issue a 1-year EAD.

2. If the I-765 application is concurrently-filed with the adjustment of status (I-485) application, the I-140 petition must be approved. If the I-140 is still pending, USCIS will only issue a 1-year EAD card.

Cite as “AILA InfoNet Doc. No. 08071878 (posted Jul. 18, 2008)”

By Angela M. Lopez

About the Author


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment


Contact Us Today

Reach out to us today and get the right advice and the peace of mind that comes with the knowledge that you have the best help available for with your life-changing matter.

Badmus & Associates
11325 Pegasus Street Suite, E-265
Dallas, TX 75238