U.S. Nebraska Service Center Will Assist with Employment Authorization Documents Errors
Members of AILA (American Immigration Lawyers Association) are reporting
errors in EADs (Employment Authorization Documents) cards, including the following: 1) Incorrect country of birth, date of birth, gender or spelling of name. 2) Clearly incorrect validity dates. Please note that EADs approved at the NSC USCIS Nebraska Service Center) under the "express" adjudication system are approved as of the date of adjudication, whether it is an initial EAD or an extension. An example of a clearly incorrect validity date is an EAD approved on 07/09/2008 bearing validity dates from 01/01/2008 to 01/01/2009. 3) Approval for
one year of validity, when the applicant clearly qualifies for two years (please review USCIS (U.S. Citizenship and Immigration Services) updates and AILA postings to make sure the applicant qualifies). 4) Switched photos, i.e. husband's card has wife's photo and vice versa or a completely different person. If any of the above situations apply, please follow the instructions to submit an inquiry for individual case liaison assistance. You may ignore the instruction to first call the 1-800 customer service line at NCSC (National Customer Service
Center) when submitting requests for EAD correction. To minimize delays, please describe the nature of the error as clearly as possible when submitting your request. Your liaison request will be forwarded to an NSC liaison committee member, who will review it and respond to you with instructions for obtaining the corrected EAD. IMPORTANT NOTE: individuals will be required to submit the incorrect EAD card in the original to the NSC in order to receive a corrected EAD card. Merely requesting a corrected card either by telephone or in writing will not be effective. Therefore, where necessary please ensure that the applicant provides the EAD to his or her employer for I-9 purposes prior to sending it in for correction. No new photos should be required, except in the circumstance of switched photos.
The American Immigration Lawyers Association ("AILA") recently stated that
"USCIS had previously announced that they would begin to issue 2-year EAD cards for some adjustment applicants under 8 C.F.R. §274a.12(c)(9). USCIS has provided AILA liaison with additional clarifications regarding eligibility for the 2-year card: 1)USCIS will review the issue of visa retrogression at the time the I-765 application is filed. However, if the priority date is current as of the date of filing, but later retrogresses while the I-765 application is pending, USCIS has the discretion to review the case again and issue the 2-year EAD. If the
priority date is backlogged as of the date of filing, but later becomes current while the I-765 is pending, USCIS also has the discretion to review the case again and issue a 1-year EAD, and 2) in order to be eligible for a 2-year EAD card on a concurrently-filed adjustment of status application, the I-140 petition must be approved. If the I-140 is still pending, USCIS will only issue a 1-year EAD card." More clarifications on this subject coming up. I will keep you posted.
authorization under 8 C.F.R. Section 274.a.12(c)(9), USCIS will continue to grant EADs that are valid for one-year. USCIS may issue a two-year renewal EAD if the applicant’s immigrant visa availability date retrogresses (when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the applicant’s priority date and the Department of State Visa Bulletin.