-INS Orlando EAD Renewal, Procedural Changes Options

Q: I just dropped off my EAD renewal which was accepted, (that's the good news) the bad news is that Orlando is now backed up with literally thousands of TSC EAD renewals and no longer issues them the following week to ten days as they used to. It's now 30-90 days for them to mail you an appointment. (bad news!) However, there is a change in the law (any law gurus know the exact statute?) that will allow the receipt for an I-765 renewal to be valid as an EAD for 90 days. (good news!) The only problem is convincing the employer.

A: -"The district director shall adjudicate the application within 90 days from the date of receipt of the application by the INS, except in the case of an initial application for employment authorization under § 274a.12(c)(8), which is governed by paragraph (a)(2) of this section. Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days." Although it can be argued that the grant is automatic, I believe the current administrative practice is that the interim employment authorization must be issued by your local district director. So theoretically you should be able to go down to your local INS office

with a receipt showing that you filed an I-765 91 days ago and get an EAD card on the spot. But if they don't do it, your only remedy is to sue. -Informal guidance provided only upon the understanding that it does not constitute legal advice and does not create an attorney-client relationship. My only advice is that anyone who is the petitioner or beneficiary in an application for immigration benefits should retain an attorney practicing primarily in the field of immigration law. My comments are based upon over 14 years of full time experience as an immigration attorney. Nevertheless, it is quite possible that one or more government officials may disagree with them.