U.S. Citizenship and Immigration Services (USCIS) is now using batch processing for certain employment authorization renewal requests to speed up the processing time. This means that for cases where an applicant’s nonimmigrant status ends at any time during a month, the end validity date on their Employment Authorization Document (EAD) card will be the first of that month. For instance, if an applicant on H4 status applies for H4 EAD and his/her H4 status ends on March 15, USCIS will give H4 EAD validity period until March 1, instead of March 15, the date the applicant’s H4 expires.
The below employment authorization renewal request types are currently reported to be processing using this updated batch approach:
A17: Spouse of E nonimmigrant
A18: Spouse of L nonimmigrant
C26: H-4 Spouse of H-1B nonimmigrant
When and if additional employment authorization renewal requests will move to batch processing is unknown. However, we recommend applicants submit their extension of status applications prior to the end date of their employment authorization rather than the expiration date of their status. This approach should minimize any impact of possible batch processing for most applicants. Individuals must carefully track the EAD and status expiration dates carefully to ensure individuals are not inadvertently without employment authorization.
As always, if you have questions about any U.S. immigration related issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their specific situation and remain in compliance.
