In a prior post, I mentioned that the Service Centers and the National Benefits Center (NBC) had implemented a policy to conduct daily sweeps for any I-765 forms (EAD applications) still pending at their facilities by Day 60. The new policy offered applicants the opportunity to schedule an InfoPass appointment to expedite EAD applications pending longer than 70 days. According to this policy, EAD cards would then be issued within 10-14 days.

However, we have seen clients with EAD applications still pending after 90 days. When an InfoPass appointment is scheduled, a notice is issued indicating that the EAD will be produced and issued within another 30 days. Prospective AOS applicants should be mindful of this potential delayed issuance of the EAD to ensure continued work authorization. TN Visa Professionals filing for AOS must receive their EAD before their TN I-94 expires in order to avoid a gap in employment authorization. If possible, TN workers should file for AOS and EAD with atleast six months left on their I-94 to protect themselves from lengthy EAD processing.