On July 18, the DHS Ombudsman’s Office released information on the systemic challenges facing delays in the issuance of Employment Authorization Documents. Concerns and recommendations have been submitted and USCIS must respond within 90 days from July 11, 2011.

The Ombudsman has identified the following concerns:

• USCIS in some cases fails to meet its regulatory requirement to process applications for employment authorization in 90 days, and USCIS generally does not issue interim Employment Authorization Documents (EADs).
• When processing for EADs is delayed, individuals and employers experience adverse consequences. Applicants experience financial hardship due to job interruption and termination, business operations stall due to loss of employee services, families face suspension of health benefits, and individuals have difficulty renewing drivers' licenses.
• EAD processing delays are exacerbated by the lack of immediate resolution through USCIS’ designated venues.

On July 11, 2011, the Ombudsman's Office recommends that USCIS take the following actions to improve the processing of employment authorization documents (EAD):

1. Establish methods at local offices to facilitate immediate resolution;
2. Establish a uniform processing time goal of 45 days for adjudication and 60 days for issuance of an EAD;
3. Improve monitoring and ensure real-time visibility through an automated system for tracking processing times;
4. Follow established internal procedures for issuing interim EADs in cases where background checks are pending; and
5. Issue replacement EADs with validity dates beginning on the date the old EAD expires.

For more information please refer to the Ombudsman’s recommendations.