USCIS now approving EADs without APs to improve EAD processing times

USCIS has delayed the adjudication of I-131 Advance Parole applications for travel documents. Routinely, these forms are submitted and adjudicated concurrently with I-765 forms requesting work authorization for employment-based green card applicants. Approved applicants receive an EAD card (employment authorization document) with the notation “Serves as I-512 Advance Parole” included on the card.

 

However, recent applicants have been receiving their EADs without the advance parole notation. Without this notation, applicants cannot use the card for international travel. In the event that an applicant leaves without I-512 Advance Parole, they will not be allowed to reenter the country unless they have another means for entry, such as a temporary visa.

 

After the American Immigration Lawyers Association (AILA) reached out to USCIS for comment, the agency confirmed that “the processing change is intentional as the agency is working through the EAD backlog and is prioritizing EAD adjudication as it seeks to avoid applicants experiencing a lapse or prolonged lapse in employment authorization. At present, there is no additional information available on the scope or duration of this procedural change.”

 

Current processing times for I-131 forms granting travel authorization are 10-20 months, while current processing times for I-765 requests for work authorization are 7-14 months at all major USCIS processing centers. We anticipate that processing times for Advance Parole will increase even more due to this change.

 

Please contact your Graham Adair attorney with any specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.

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