A common pitfall for Employment Authorization Document Card is that
- The Employee applies.
- The Citizenship and Immigration Service takes a long time to adjudicate the application
- The Employment Authorization Document expires
- The Employee cannot work legally after this day, and loses the job.
I have had individuals leave the country on this issue. There is no way to expedite this, and although Citizenship and Immigration Service is required, by regulation to adjudicate the card within 90 days, sometimes that does not happen. Understandably, the Citizenship and Immigration Service is inundated by large volumes of Employment Authorization Document Extensions. Nationals from India and China have long wait lines before they get their Green Card (Permanent Resident Card), so they need to renew their cards frequently. The same is true for DACA, TPS etc.
This problem has been solved by the recently enacted changes to the Immigration code. Enacted on November 18, 20165, it goes into effect on January 17, 2017, 8 CFR § 274a. 12 (c) (35-36) states that due to “compelling circumstances” Employment Authorization Document will be extended for 180 days if:
- The individual files a request to renew his Employment Authorization Document prior to the expiration date
- The individual is requesting an extension under the same category as before, for example DACA, I-485 pending, TPS, Dependent visas, like H-4, L-2, or J2.
- However, the underlying status needs to be valid. This means for example if someone is divorced and does not have the H-4 or L-2 status anymore, then this provision does not apply
The receipt notice of the Employment Authorization Document serves as proof of such extension for 180 days
Hopefully the Citizenship and Immigration Service will adjudicate these cases by 180 days
Please call Banerjee & Associates for more information