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Stakeholder Reminder: CIS Ombudsman’s Office Reiterates Anticipated Timelines for F-1 EADs Post-Adjudication

By Caterina Cappellari‡  on August 21, 2023
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As students from around the world settle into U.S. college campuses for the 2023/2024 academic year, U.S. Citizenship and Immigration Services (USCIS) offers a reminder about the timeline to produce expedited employment authorization documents (EADs) for F-1 students.

The USCIS Ombudsman’s Office emphasizes that premium processing timelines are separate from EAD production timelines, according to an Aug. 15, 2023, post by the American Immigration Lawyers Association. 

Under the Premium Processing Service, USCIS guarantees adjudicative action within 30 calendar days on the I-765, Application for Work Authorization, filed by qualifying F-1 students. The estimated processing time for adjudication on these applications under regular processing averages 60 days.

However, this premium processing timeframe does not include the time it takes to produce the EAD, USCIS states. The ombudsman’s office reminds stakeholders that after USCIS approves Form I-765, the EAD should be produced within one to two weeks, but the actual delivery time may vary, depending on U.S. Postal Service timelines.

This clarification comes as F-1 students filing premium processing requests report delays in receiving their EADs. 

Prompt adjudication allows qualifying applicants to receive the EADs needed to work in the United States faster. Earlier this year, USCIS started accepting Premium Processing Service applications for F-1 students seeking optional practical training (OPT) or science, technology, engineering, and mathematics (STEM) OPT extensions.

In July, the U.S. Department of Homeland Security expanded the STEM OPT program in response to ongoing national need in these still-burgeoning career fields.

Photo of Caterina Cappellari‡  Caterina Cappellari‡ 

Caterina Cappellari focuses her practice on employment-based immigration as well as nonimmigrant work and investor visas, including: H-1B “specialty occupations” visas; TN Professionals Under the North American Free Trade Agreement visas; E-2 investor visas; L-1A visas for executives and managers; L-1B visas for…

Caterina Cappellari focuses her practice on employment-based immigration as well as nonimmigrant work and investor visas, including: H-1B “specialty occupations” visas; TN Professionals Under the North American Free Trade Agreement visas; E-2 investor visas; L-1A visas for executives and managers; L-1B visas for workers with specialized knowledge; O visas for “extraordinary ability;” and R-1 Temporary Nonimmigrant Religious Workers visas.

She also assists clients with labor certifications (PERM), interviews at USCIS, 601/601A waivers, U-visas, consular processing, naturalizations, and removal proceedings.

‡ Admitted in New York. Not admitted in Georgia. Practice limited to federal immigration practice.
Read more about Caterina Cappellari‡ EmailCaterina's Linkedin Profile
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  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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