Expediting Your EAD Card for TN Visa Holders
If you’re a TN Visa holder in the U.S. who has filed for Adjustment of Status (AOS) and you need an Employment Authorization Document (EAD) quickly, you may be eligible to request an expedited EAD. This can be essential for maintaining employment and income while waiting for your green card. Here’s an explanation of requesting an expedited EAD with USCIS if you have a pending AOS application.
Table of Contents
- What is an EAD Card?
- When You Might Need an Expedited EAD
- Eligibility for Expediting an EAD Request
- How to Request an Expedited EAD
- Tips for Increasing Approval Chances
- FAQs
1. What is an EAD Card?
An Employment Authorization Document (EAD), a work permit, allows you to work legally in the United States while your green card application (Form I-485) is pending. If you’re on a TN Visa and adjusting your status, getting an EAD can help you transition smoothly while awaiting your green card approval.
2. When You Might Need an Expedited EAD
Expediting an EAD is typically reserved for urgent situations. As a TN Visa holder, you may want an expedited EAD if:
- Your TN Visa job is ending, or you’re at risk of job loss.
- You need employment authorization urgently to avoid financial hardship.
- Your EAD application has been delayed beyond normal processing times.
3. Eligibility for Expediting an EAD Request
USCIS only grants expedited processing for specific reasons. Here are the main criteria that may apply:
- Severe financial loss to a company or person provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to timely file the benefit request or to timely respond to any requests for evidence;
- Emergencies or urgent humanitarian situations;
- Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States;
- Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests; and
- Clear USCIS error.
4. How to Request an Expedited EAD
Step 1: Gather Supporting Documents
To increase your chances, prepare evidence that supports your request. Include documentation like:
- Employment Verification: Letters from your employer explaining the need for continued employment.
- Financial Records: Proof of financial obligations that could create hardship if employment is interrupted.
- Personal Statements: A letter detailing your situation and explaining why you need an expedited EAD.
Step 2: Contact USCIS
You can initiate your request by contacting USCIS Customer Service. Follow these steps:
- Call the USCIS Contact Center: Dial 1-800-375-5283 and explain that you would like to request an expedited EAD for a pending Adjustment of Status application.
- Submit a Request via USCIS Online Account: If you have a USCIS online account, you may also submit an expedite request directly in your case’s “Tools” section.
Step 3: Wait for a USCIS Response
USCIS may ask for additional documents. Make sure to respond promptly and provide any requested information. They will typically notify you of their decision by mail or via your online account.
5. Tips for Increasing Approval Chances
- Be Specific and Clear: Clearly explain why you need an expedited EAD and outline the potential consequences of any delays.
- Attach Documentation: Supporting documents are essential to prove your need for expedited processing.
- Seek Employer Support: Ask your employer to provide a letter indicating how losing your employment authorization would impact them or your position.
6. FAQs
Q: How long does it take to receive an expedited EAD?
The expedited processing timeline varies, but USCIS typically makes a decision within a few weeks. If approved, you’ll receive your EAD sooner than the standard processing time.
Q: What if my expedite request is denied?
If denied, your EAD application will continue under regular processing times. You can check USCIS processing times online to estimate your wait.
Q: Is there a fee for requesting an expedited EAD?
No, there’s no additional fee for an expedite request. However, you must still pay the standard EAD application fees unless exempt.
Conclusion
Requesting an expedited EAD as a TN Visa holder with a pending Adjustment of Status can be a crucial step to maintaining your employment and financial stability. By understanding USCIS’s criteria and preparing strong supporting documents, you can increase your chances of a successful expedited request. For further assistance, consult with an immigration lawyer, who can help you navigate the process and maximize your chances for a timely EAD approval.
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You may have questions regarding going from a TN Visa to a green card. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.