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Tip Sheet: Employment Authorization Applications Pending More than 75 Days

If your Form I-765, Application for Employment Authorization, has been pending more than 75 days, you may contact the National Customer Service Center (NCSC) at 1-800-375-5283 and ask that an Approaching Regulatory Timeframe “service request” be created. The NCSC will route the service request to the appropriate office for review. Please have your receipt number ready when contacting the NCSC.

To determine whether your case has been pending more than 75 days, you must consider the following:

  • If USCIS issues a request for initial evidence, the 90-day regulatory timeframe will start over from the date USCIS receives the initial evidence.
    • For example, if your case is pending 60 days when USCIS issues a request for initial evidence, and you respond 30 days later, the  “clock” will be reset to Day 1 on the date USCIS receives the evidence. 
    • Reminder for e-filed applications: Customers who e-file their Form I-765 receive a Confirmation Receipt Notice with instructions to mail in supporting documentation. The clock will start at Day 1 on the date USCIS receives the documentation.
  • If USCIS issues a request for additional evidence, the clock will stop the day the request is issued and resume from the same point when USCIS receives the additional evidence.
    • For example, if your case is pending 60 days when USCIS issues a request for additional evidence, and you respond 30 days later,  your case will be processed with the clock resuming at Day 60 on the date USCIS receives the additional evidence. 
  • The clock will also stop if USCIS issues a request for initial evidence pertaining to the principal application/petition that serves as the basis for your application for employment authorization.
    • For example, if your eligibility for employment authorization is based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS issues a request for initial evidence pertaining to your Form I-485, the clock for your Form I-765 will stop when USCIS issues the request for evidence and restart when USCIS receives the requested information.
  • If you request that your fingerprint appointment be rescheduled, the clock will start over from the date of the request for rescheduling.

Note: “Initial evidence” is defined as any piece of evidence specified by regulation or specifically requested on the form or form instructions.  “Additional evidence” is evidence beyond that which is required by the regulations, form, or form instructions, but which may assist in proving eligibility where the initial evidence submitted does not.

Last Reviewed/Updated: 10/26/2011