I haven’t received my EAD; OPT EAD processing time

Students who have applied for OPT would check their mail boxes everyday to see if they have received something. If the application is successfully received by USCIS, the international student will be given a receipt which is called I-797 or I-797C Notice of Action. OPT applicants whose application is rejected or withdrawn also receive a letter that states the reason of refusal. Going back to approved cases, students can use the RECEIPT NUMBER on the Form I-797 to look up their case online from Case Status Online. What if your OPT EAD processing time has delayed for several months? It’s easier for students who landed on the job successfully to be stressed out due to delayed EAD card. In this blog post, how to check case processing times as well as how to contact USCIS and Ombudsman. At the end of this blog you will have better idea of what steps you need to take when OPT EAD card.

Disclaimer: SEVIS SAVVY delivers information based on the visa/immigration regulations and this is no legal advice by any means. Since institutional policies may vary, getting the confirmation from your international student advisor will be helpful to ensure that you comply with institutional policies and processes.

Contents

• Case study scenario
• The answer based on the regulations is…
• USCIS Outside Normal Processing Time
• Case Assistance by Ombudsman

Case study scenario

It has been more than 90 days since I applied for OPT but I haven’t received EAD (Employment Authorization Document). My OPT start date is almost near, what should I do? 

The answer based on the regulations is…

First, it is worth noting that USCIS processing times including Form I-765 (Application for Employment Authorization Document) is keep changing. USCIS provides Check Case Processing Times page where you can check the processing time with form number and the office that is processing your case. From the page, you can select Form I-765 | Application or Employment Authorization and Service Center where you filed your OPT application and check estimated time range for processing the application. As of June, 2020 it says it might take around 2 months to 5 months. Thus, technically speaking, your OPT EAD processing time hasn’t been delayed, unless it has been more than 5 months. However, this doesn’t mean that you should just wait for OPT EAD card. If it has been more than 60 days since you have received the receipt, I-797, but you haven’t received the EAD card yet, you can use this form Outside Normal Processing Time to inquire USCIS about your case. If your case hasn’t been resolved even after you complete this form, you can reach out to Ombudsman which will be discussed in the following paragraphs.

SEVIS SAVVY tip: This is why the best practice is to apply for OPT as soon as possible, which is 90 days prior to your program end date (graduation date).

USCIS Outside Normal Processing Time

If your application is still in pending status after 60 days from the date you have received the I-797, you can inquire USCIS by completing this form: Outside Normal Processing Time. In order to complete the form, you will need the following information:

• Receipt Number
• Date when filed
• Application or Petition filed
• Email Address

Case Assistance by Ombudsman

If you didn’t hear back from USCIS regarding your Employment Authorization Application although you completed the form, you may want to reach out to The Office of the Citizenship and Immigration Services Ombudsman (Ombudsman). What is the Ombudsman? The Ombudsman office provides individual case assistance as well as make recommendations to improve the administration of immigration benefits by U.S. Citizenship and Immigration Services (USCIS). Please note that the Ombudsman doesn’t step into the processes which…

1. Compel USCIS to take action on a pending app 
2. Rectify actions resulting from bad information given by attorneys or DSOs 
3. Engage on issues that are solely in the purview of another government departments 

The Ombudsman can help you with cases regarding the…

1. Processing times for OPT: Contact the office about USCIS’s outside normal processing time 
2. Errors on EAD card other than typographic errors:
   • General typographic errors can be corrected by completing the form Typographic Error
3. EADs returned to USCIS as undeliverable by the Postal Services
   • Non delivered documents can be resolved by completing the form Non-Delivery of Document 
   • To change your mailing address, complete this form Change of Address

How to ask the Ombudsman for assistance?

If you haven’t heard back from the USCIS, although you have completed the form, the final action you can take is reaching out to the Ombudsman. Below is the breakdown of the process as to submit your request for assistance.

1. Exhaust remedies with USCIS 
2. Submit your request online at www.dhs.gov/cisombudsman 
3. When you request assistance, include…
   • a brief summary of the issue 
   • USCIS receipt number
   • copies of relevant documents that show your communication with relevant government departments
4. If legal representatives is involved, also include the Form G-28 and a written consent from the student 

Around an year ago, even when nothing like COVID-19 was going on, OPT EAD processing time took around 5 months. Not surprisingly, many students were worried and stressed as their OPT start dates approach. To reiterate what I mentioned above, the best practice is to apply for OPT as soon as possible. By doing so, you provide enough time to avoid super long waiting time. If you don’t receive the receipt within average processing times which you can find from USCIS or your EAD card hasn’t arrived after 60 days from you receive the receipt, you can request USCIS to have a look at your case using the form Outside Normal Processing Time. If you don’t hear back from USCIS, the Ombudsman office is there for you and they will reach out to USCIS on behalf of you. Hope this helps you to have a better idea of what to do if you are waiting for your EAD card. Most importantly, I hope you all get EAD before your OPT start date!

There are more OPT updates and news by USCIS that international students can take advantage of! Click OPT page to see all the OPT case studies and the most recent updates. For STEM OPT information, click the STEM OPT page.