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 they create a service request. 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 Form I-765 has been pending more than 75 days, you must consider the following:

  • If we issue a request for initial evidence, the date for calculating the processing time will start over from the date we receive the initial evidence.
    • For example, if your case has been pending for 60 days when we issue a request for initial evidence and you respond 30 days later, the date for calculating the processing time will start on the date we receive your response. 
  • If we issue a request only for additional evidence, the processing will stop the day the request is issued and resume from the same point when we receive the additional evidence.
    • For example, if your case has been pending for 60 days when we issue a request for additional evidence and you respond 30 days later, we will resume processing your case as though it is day 60 on the date we receive your response. 
  • In certain categories, we cannot process your Form I-765 until after we approve another application/petition because that approval is the basis for your application for employment authorization.
    • For example, if you filed Form I-765 together with Form I-539, Application to Extend/Change Nonimmigrant Status, and you are basing your Form I-765 on the nonimmigrant status or extension of status requested in the Form I-539, we will begin processing your Form I-765 after we make a decision on your Form I-539.
  • If you request to reschedule your fingerprint appointment, the date for calculating the processing time will start over from the date of the request for rescheduling.

Definitions

Initial evidence is any piece of evidence specified by regulation or specifically requested on the form or form instructions. 

Additional evidence is evidence that 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.

Important Notice 

Although USCIS strives to process Form I-765s and deliver EADs to eligible individuals in a timely manner, nothing in this Tip Sheet creates, nor may it be construed to create, a specific or implied time within which USCIS must process and adjudicate requests for EADs or deliver the EADs to applicants or requestors. 

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ADDITIONAL INFORMATION