INTERIM EMPLOYMENT AUTHORIZATION
The regulations provide that if an I-765 EAD application has been pending at INS for 90 days or more, the applicant may personally appear at the local INS office to be issued what is known as an Interim EAD. In such a case, the applicant must bring to the local INS the ORIGINAL I-765 FILING RECEIPT and proper identification and, theoretically, he/she will be issued an EAD the day he/she personally appears at the local INS office.
We ask our clients to notify us if they desire to personally appear at the local INS office to secure an Interim EAD and, if so, we then forward to them the ORIGINAL I-765 EAD FILING RECEIPT.
This personal appearance procedure applies ONLY if the I-765 EAD application has been pending for 90 days or more.
We again emphasize that when an EAD applicant appears at the local INS office, he/she should bring positive proof of identity such as passport and/or driver’s license and the ORIGINAL I-765 filing receipt.
Please note that some INS offices are not always open to the general public. The Miami INS office is open to the general public every day except Wednesdays. The Riviera Beach INS office will not accept walk-ins and a person must call to make an appointment to come in.
We cite below the relevant regulation for our clients’ information as they may encounter some INS clerks who are not acquainted with this specific regulation.
Section 274a.13 (d)
“Interim employment authorization. The district director shall adjudicate the application within 90 days from the date of receipt of the application by the INS… Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days. Such authorization shall be subject to any conditions noted on the employment authorization document. However, if the director adjudicates the application prior to the expiration date of the interim employment authorization and denies the individual’s employment authorization application, the interim employment authorization granted under this section shall automatically terminate as of the date of the director’s adjudication and denial.”
PLEASE NOTE THAT INS CURRENTLY MUST CONDUCT CRIMINAL BACKGROUND CHECKS OF ALL INTERIM EAD APPLICANTS — THIS MEANS THAT THERE WILL BE NO SUCH THING AS GETTTING AN INTERIM EAD IN ONE DAY — INS WILL MOST LIKELY ASK THE ITERIM EAD APPLICANT TO COME BACK ON YET ANOTHER DAY TO COLLECT THE EAD —
For information about the Florida INS local offices, click on the following links:
MIAMI http://www.ins.usdoj.gov/graphics/fieldoffices/miami/aboutus.htm
WEST PALM http://www.ins.usdoj.gov/graphics/fieldoffices/westpalm/wpaboutus.htm#anchor1658746
TAMPA http://www.ins.usdoj.gov/graphics/fieldoffices/tampa/aboutus.htm
ORLANDO http://www.ins.usdoj.gov/graphics/fieldoffices/orlando/aboutus.htm
JACKSONVILLE http://www.ins.usdoj.gov/graphics/fieldoffices/jacksonville/aboutus.htm