EAD stands for Employment Authorization Document and gives temporary authorization for someone going through the immigration process to work in the United States. An EAD is most often granted by filing Form I-765, Application for Employment Authorization. The processing time for an EAD application can be unpredictable and due to the COVID-19 pandemic, has increased significantly. To look up processing time for the I-765 you can check here.

USCIS understands that there are circumstances in which individuals are not able to wait for an EAD. Because of this, USCIS allows individuals under select circumstances to apply to expedite their EAD. Please note that expediting an EAD is different than expediting a green card application. In addition, if you EAD expedite is denied it does not impact the normal processing time of the EAD or the green card application.

Who qualifies? 

USCIS has set certain criteria as to who can apply to expedite their EAD. Cases are considered if they meet one or more of the following criteria: 

• Severe financial loss to a company or person, provided that the need for action is not the result of the petitioner or applicant’s failure to timely file the benefit request or timely respond to any requests for additional evidence. 
• Emergencies and urgent humanitarian reasons.
• Nonprofit organization whose request is in furtherance of the cultural or social interests of the United States. 
• U.S. government interests.
• Clear USCIS error.

Requests are considered on a case-by-case basis and may not be approved even if they fit into one of these categories. For additional information on criteria, please visit the USCIS website.

What do I need to do to make an expedite request?

Before applying for an expedite request, the biometrics appointment must be completed and you must have the receipt number for your pending I-765. When submitting the request, you should have evidence to support your reasoning behind needing an expedite. 

How to make an expedite request:

Apply directly through USCIS:

The other option for requesting expedited processing is to contact USCIS directly. You can call the USCIS Contact Center at 800-375-5283 or by going to the USCIS website and messaging Emma who is the USCIS chat bot and can be found by clicking the “Need Help? Ask Emma” box at the top right of the webpage. 

USCIS will then send you an email with instructions on how to submit the expedite request for the EAD. Please note that these requests are very rarely granted. However, it can be worth a try if you meet one of the above qualifications.

Working with your congressperson:

One way to try to get your case expedited is to reach out to your member of congress. While representatives do not have the power to make a decision on the case, they can bring the case to the attention of USCIS and advocate for their constituent. To apply for an EAD expedite through a congressperson, you must find your state senator or congressional representative. You can reach out to your congressperson via phone or email. Their office will inform you about the process and what kind of information and evidence they will need. This process is often reserved for individuals with extreme need or who are outside of normal USCIS processes.  

Additional Resource:

A helpful resource for those who are trying to expedite their EAD is the Office of the Citizenship and Immigration Services Ombudsman. Please note that this option is typically only available if an applicant's form is outside the normal processing time, so be sure to check the USCIS Processing Times website here to see if this option is right for you.

The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman Office) is part of the Department of Homeland Security and acts a liaison between individuals and USCIS. They cannot process or make a decision on a case, but they can help to guide you through select issues after you have requested expedited processing from USCIS. To request assistance from the Ombudsman, you must fill out a DHS Form 7001, Request for Case Assistance. The request can be sent online, through email, or mail. More information on the process can be found here. Their office will inform you about the process and what kind of information and evidence they will need.