INS Memo on EAD Processing
U.S. Immigration and Naturalization Service Action: PRIORITY
Security Classification: UNCLASS
Date Prepared: 08 JUNE 1995
File: CO 274a.12-P
For Information Call: Maurice Berez
Telephone: 202-514-5014
TO: All Regional Directors, All District Directors, All Port Directors, All Officers in Charge, All Service Center Directors
SUBJ: Addendum to May 24, 1995 wire on revised Form I-765
This wire provides further clarification to a wire dated May 24, 1995, Subject: Revised Form I-765, (File Number HQ 1706-C).
(1) The June 3rd expansion of direct mail to include a wider variety of EAD applications transitions this work to the service centers. However, INS must be sensitive during this transition to customers used to prior procedures and local processing that at many field offices enabled applicants to receive an EAD within 30 days. Pursuant to a September 30, 1991 memorandum titled "Implementation of New Application Forms and Direct Mail" from the then Executive Associate Commissioner for Operations, local offices have discretion to receipt and process certain types of direct mail cases.
(2) Except as provided in paragraphs (3) and (4) below, local offices which were, and would still be capable of, processing EAD applications in less than 30 days may exercise this discretion with regard to an EAD application in one of the categories transitioned as of June 3rd; if the case would have otherwise been filed there before the transition, and the individual circumstances are sufficiently compelling, given other workload demands. (One instance would be a foreign student who just finished the school year, and, with a written employment offer in hand, is seeking an EAD for practical training, internships with international organizations, or other legitimate foreign student employment). Cases, when accepted, should be processed through to completion and delivery of the EAD at the local office.
(3) The greatest rationale for continued local processing will exist during the first weeks of the transition, and should thereafter quickly diminish since customers will have time to adjust to the new process and timelines, and plan accordingly. Thus the reasons put forward by individual applicants for continued local processing should become less compelling over time. As a result, and given the nature and requirements of the EAD process, and other competing workload demands in local offices, this discretion concerning EAD filing may not be exercised beyond September 3, 1995.
(4) The discretionary authority with regard to continued local processing outlined in paragraphs (1) and (2) above does not apply to EAD applications based on an application for asylum filed under asylum reform procedures. These types of EAD's have not been processed at local offices since the implementation of asylum reform. In addition the processing timelines and resultant strict inventory requirements are such as to preclude distributed processing in individual offices.
(5) The Office of Field Operations has concurred with this instruction.
(6) Please ensure that all appropriate personnel are aware of the contents of this instruction.
(7) Should you have questions or desire clarification concerning this guidance, please contact your respective regional adjudications program office to ensure communication with headquarters through established channels.
Signed,
Louis D. Crocetti, Jr.
Associate Commission
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