CIS Ombudsman Recap of EAD and H-1B Teleconference


The CIS Ombudsman's office held a public teleconference on August 31, 2016 that focused on processing delays in the adjudication of EAD and Change of Status applications and H-1B extension petitions. Today, the Ombudsman's office published its summary of the call. In the summary, the Ombudsman highlights the key points of the teleconference, including how current processing times compare to last year's delays, the impacts of processing delays on stakeholders, changes USCIS has either made or proposed to address processing delay issues, and recourse available to stakeholders.

Of particular note, the teleconference noted that USCIS has proposed eliminating the 90-day adjudication requirement for EAD applications and implementing an automatic 180-day work authorization period for timely filed applications. In the meantime, it is important to file EAD applications, which can be submitted up to 120 days in advance, as soon as possible.

Regarding H-1Bs, the summary notes that USCIS recently consolidated the processing of certain H-1B extension petitions at the Nebraska Service Center to relieve H-1B processing delays at the Vermont and California Service Centers. Additionally, H-1B petitioners are now allowed to submit a service request to USCIS, regardless of posted processing times, if an H-1B extension petition has been pending for 210 days. USCIS made this option available as part of an effort to prioritize cases in which the beneficiary is nearing the end of his 240-day period of automatic work authorization while the petition is pending.