AILA has received member reports that the USCIS Contact Center (formerly National Customer Service Center, or NCSC) is no longer allowing individuals to place service requests for Forms I-765, Application for Employment Authorization, that have been pending for more than 75 days unless the applications are outside of USCIS’s posted processing times. Previously, USCIS had been accepting service requests for I-765s pending beyond 75 days. AILA reached out to USCIS regarding these reports and USCIS confirmed that this change was implemented when the agency updated its processing times webpage in March of this year (See AILA Doc. No. 18032240). USCIS stated that although the “DHS Final Rule on Retention of Immigrant Workers and Improvements Affecting High-Skilled Nonimmigrant Workers” (AILA Doc. No. 16111760), eliminated the 90-day adjudication requirement for I-765 applications effective January 17, 2017, the agency had been continuing to accept service requests for I-765s pending beyond 75 days.

While there has been no update to the USCIS Policy Manual to reflect the elimination of the I-765 regulatory timeframe, it appears that USCIS has removed guidance from its website regarding submitting a service request for a Form I-765 that has been pending more than 75 days (See AILA Doc. No. 15111760).

For employment authorization extensions, AILA advises members to file the I-765 application as soon as possible within the six months prior to expiration and to track I-765 processing on the USCIS processing times webpage. As soon as the I-765 falls outside of posted processing times, call the USCIS Contact Center or submit an e-Request.

  • Courtesy – AILA