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USCIS Not Accepting Service Requests for Filings Pending 75-Days

Immigration attorneys report that the USCIS Contact Center is no longer allowing individuals to place service requests for Forms I-765 Application for Employment Authorization until and unless the application is outside of USCIS’s posted processing times.

While the USCIS Policy Manual does not reflect the elimination of the 75 Day Service Request Process the I-765 regulatory timeframe was removed by the I-140 Final Rule as of January 17, 2017. Further, USCIS Policy Guidance had not removed the reference from its website regarding submitting a service request for a Form I-765 that has been pending more than 75 days and USCIS had been continuing to accept service requests for I-765s pending beyond 75 days.

We reached out to USCIS regarding these reports and USCIS confirmed that this change was implemented when the agency updated its processing times webpage in March 2018.

For employment authorization extensions, we advise clients to file the I-765 application as soon as possible within the six months prior to expiration and to track I-765 processing times on the USCIS processing times webpage. Of particular concern are E-2D, E-3D, L-2 and H-4 EAD extension applications that do not receive employment authorization upon timely filing. As soon as the I-765 falls outside of posted processing times, call the USCIS Contact Center or submit an e-Request.

A strategy for E-2D, E-3D, L-2 and H-4 EAD extension applications is to file the I-765 application with the H1B and H-4 extension request with premium processing. USCIS has stated they will endeavor to process the H-4 extension and I-765 immediately after approval of the H1B extension. While this is not always the case. It is worth considering.

We at Litwin & Smith represent individuals and employers filing E-2D, E-3D, L-2 and H-4 EAD extension applications in most of the various industries represented around the Bay Area and across the U.S. We are a prestigious immigration law firm representing large and small business clients. Our firm is a nationally recognized premiere immigration firm. We have been very successful in preparing and obtaining E-2D, E-3D, L-2 and H-4 employment authorizations for individuals and their employers and subsequent immigrant visas and green cards for their employees. We prepare hundreds of H, E, L, O petitions and employment applications each year. Please contact [email protected] or call 888 344 0892 for assistance. We look forward to assisting you.

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