USCIS Proposes Removal of 90 day processing time for EADs

[Amhara 460]

(You can tell that we both have time on our hands eh, Amhara? )

Okay, I see what you're getting at - because ©(9) applicants are not being specifically called out in 8 CFR 274a.13(a), you don't believe they will be affected by the proposed elimination of the 90 day regulatory processing timeframe?

The language of the proposed change doesn't read that way though. Indeed, it takes pains to explain why the 90 day regulatory limit is unworkable today whilst making soothing noises about striving to adjudicate cases within 90 days (but without recourse to a 240 day EAD if they cannot).

Yeah!!

I was reading this part on your source:

"DHS is proposing to eliminate certain existing regulations concerning the processing of Applications for Employment Authorization (Forms I-765). Specifically, DHS would eliminate the provision at 8 CFR 247a.13(d) that currently requires, with certain limited exceptions, the adjudication of Applications for Employment Authorization within 90 days of receipt. [82] DHS would also eliminate the provision in that regulation that requires the issuance of interim EADs with validity periods of up to 240 days when such an application is not adjudicated within the 90-day period. In addition to the automatic extension provisions for renewal applications proposed in this rule, DHS would instead address processing timeframes through operational policy guidance that reinforces the Department's continued commitment to a 90-day processing timeframe and provides recourse to individuals whose case is nearing the 90-day mark, including the ability to contact USCIS to request prioritized processing."

So this is crazy wording. It's like, "We want to eliminate the 90 day limit on these EAD's and the automatic approval for 240 days, but we are still going to process EAD's within 90 days."

Either way, what I am REALLY liking (for both me AND you!) is this part, "Consistent with current protocols, applicants whose initial or renewal EAD applications have been pending for 75 days or more may continue calling the National Customer Service Center (NCSC) to request priority processing. In practice, as noted above, these policies result in the adjudication of the vast majority of Applications for Employment Authorization within 90 days of filing." So what that is telling me is that we need to call on Monday so that we can help USCIS process our cases within the 90 day mark! Lol

[bariki 71]

Yeah!!

I was reading this part on your source:

"DHS is proposing to eliminate certain existing regulations concerning the processing of Applications for Employment Authorization (Forms I-765). Specifically, DHS would eliminate the provision at 8 CFR 247a.13(d) that currently requires, with certain limited exceptions, the adjudication of Applications for Employment Authorization within 90 days of receipt. [82] DHS would also eliminate the provision in that regulation that requires the issuance of interim EADs with validity periods of up to 240 days when such an application is not adjudicated within the 90-day period. In addition to the automatic extension provisions for renewal applications proposed in this rule, DHS would instead address processing timeframes through operational policy guidance that reinforces the Department's continued commitment to a 90-day processing timeframe and provides recourse to individuals whose case is nearing the 90-day mark, including the ability to contact USCIS to request prioritized processing."

So this is crazy wording. It's like, "We want to eliminate the 90 day limit on these EAD's and the automatic approval for 240 days, but we are still going to process EAD's within 90 days."

Either way, what I am REALLY liking (for both me AND you!) is this part, "Consistent with current protocols, applicants whose initial or renewal EAD applications have been pending for 75 days or more may continue calling the National Customer Service Center (NCSC) to request priority processing. In practice, as noted above, these policies result in the adjudication of the vast majority of Applications for Employment Authorization within 90 days of filing." So what that is telling me is that we need to call on Monday so that we can help USCIS process our cases within the 90 day mark! Lol

Oh yeah, we're still totally calling on Monday.

It feels like they are giving themselves some wiggle room. We can and might adjudicate your EAD in 90 days, but we might not on "national security" grounds. Or if we're really darn busy. And we absolutely will not give you an interim EAD if we go over the 90 days. Because terrorists.

Edited February 18, 2016 by bariki

[NikLR 13,227]

https://www.uscis.gov/news/uscis-seeks-comments-proposed-rule-affecting-certain-employment-based-immigrant-and-nonimmigrant-visa-programs

You may comment.

[simonschus 58]

Is this something that is likely to be approved and implemented shortly after the public consulation closes? (i.e. within 1 month? within 6 months?).

Simon.

[Boiler 45,486]

Interesting

Illogical if it is for the reasons stated.

[yuna628 9,676]

The reasoning behind this is vague gibberish. It sounds like to me they expect a crush of more EAD applications and not enough manpower to handle them. Therefore, they just want to extend the length of time it'll take to get to them, and since they've extended the time to work on them they also cannot handle renewals fast enough either.. so they want to delay all that too. :/

[Ebunoluwa 6,136]

More insanity.