International Office - I-765 Request for Employment Authorization

Mr. Richard Gottlieb, the Officer in Charge of the Charlotte Department of Homeland Security (DHS), Citizenship & Immigration Services (CIS) office has confirmed that the office will, in accordance with 8 CFR 274a.13(d), issue interim employment authorization at the Charlotte office. This service is limited to those persons who filed a Form I-765 for an Employment Authorization Document (EAD), with appropriate fee and photographs, more than 90 days ago and who have not yet received a form I-766. See below, "Tips for Applying for Interim Work Permission."

Duke is providing this general information as a service to our international faculty, students, and staff. We cannot give you legal advice, and this material should not be taken as such.

The filing of a Form I-765 for work permission and the application for interim work permission are private actions between you and DHS-CIS. If you have questions as to your eligibility for work permission or actions that you might take to obtain such permission, we recommend that you consult an experienced immigration attorney. See "Working With Immigration Attorneys"

Note that the regulation (see text below) does not require DHS-CIS to issue an EAD card. DHS-CIS may issue another written form of interim work permission such as an annotation on the back of the I-94 or a letter granting interim permission and specifying the date on which employment authorization ends. Normally interim work permission is valid for 240 days or until the EAD is issued (or denied), whichever comes first. DHS-CIS may require you to come back at a later date for the formal EAD.

Duke will accept as evidence of work permission only those items specified in the law and regulations relating to documentation for and completion of the Form I-9, regardless of what you believe a DHS-CIS officer may have told you in person or on the telephone. In general the simple filing of an application for work permission does not meet the I-9 requirements. You must show that the work permission has, in fact, been granted. Items that meet the I-9 requirement include: an I-766, EAD card; a notation on the form I-94 specifically granting work permission and specifying the terms and conditions; a letter or other document from DHS-CIS specifically identifying the individual and specifically granting work permission including the terms and conditions of employment.

TIPS FOR APPLYING FOR INTERIM WORK PERMISSION

We have contacted DHS-CIS-Charlotte to learn what they need from you to locate, and review your application and to grant you interim work permission. Here are some tips that will help you prepare for a trip to DHS-CIS-Charlotte to ask for the interim work permission.

Establish the date that your I-765 was filed. You must have a receipt notice from DHS-CIS or a canceled check or some other documentation to show a filing date. Count 90 days from that date. If you have not yet hit the 90-day mark, you do not qualify for the interim work permission.
Make and appointment. To obtain interim work permission, you must make an appointment with the Charlotte DHS-CIS Office to visit that office for same-day service. You must appear in person at the DHS-CIS office in Charlotte at the date and time of your scheduled appointment. You are not permitted to just "walk in" to get the interim EAD.
Use the INFOPASS appointment system if possible. DHS provides an easy to use on-line appointment scheduler called INFOPASS. One of the appointment options on INFOPASS reads
"It has been more than 90 days since you filed an I-765 and you did not receive an Employment Authorization Card."

You need to select that option, if you plan to apply for an interim EAD. Clearly, if you wait until 90 days have passed, then you cannot go into the office on day 91 – you cannot make an appointment that quickly. We have received confirmation from DHS-CIS-CLT that you are allowed to select this box even if 90 days have not yet passed. That means that you could make an appointment through the on-line system on day 70, for example, but you must select an appointment date that is after day 90. The next available appointment after day 90 for you may be day 91, or day 93, etc.. Even though, in theory, you could go to the office on day 91, you must make an appointment through the system on a day available after day 90. As of the most recent update of this document, EAD appointments are only scheduled on Wednesday. If your day 90 falls on a Wednesday or later in the week, you will have to wait until the next Wednesday, at the earliest, for an appointment, even though that might be day 97 for you. Do not try to "game the system" by choosing another option, such as "You have a question about your case," to get an earlier appointment. If you do that, the DHS officer can simply refuse to grant the interim EAD and you will have wasted a trip. For the link to INFOPASS and more information on scheduling appointments, see

"Travel to Charolotte"

Be sure to take with you all of the following items.
You appointment notice printed out from the on-line INFOPASS appointment system. This is important, so double check that you have it with you.
Your original I-765 receipt notice and a photocopy of the notice that you can give to DHS-CIS if they need it. If you do not have a receipt notice, take your cancelled check or some other evidence of the date of filing.
q Your current I-94 if you have one.

q Your passport and another form of photo ID.

Your current EAD, if you have one, and a photocopy of it, front and back.
Your checkbook or cash to cover a new filing fee. You should not have to pay again, since you have already paid, but better safe than sorry.
q A copy of the Form I-765 that you filed 90 or more days ago. This item is not essential, but it is useful for DHS-CIS to have all of this information. Also, if you need to complete a new Form I-765 while you are there, you will have all the information available.

A new set of photos that meet DHS-CIS requirements. You may not need these, but, again, better safe than sorry.
Present your INFOPASS appointment notice to the officer at the door. If you are very early for your appointment, the officer may not let you in until closer to your appointment time. Follow the instructions of the officer at the door.

MEMORANDUM TEMPLATE

The Duke International Office has prepared this memo form to help you collect and organize your information. It is not required by DHS-CIS. You may use it or not as you choose.

MEMORANDUM

TO: DHS-CIS Officer, EAD Adjudications Unit, DHS-CIS, Charlotte, NC

FROM: my family name _____________________________________________________

my first or given name or names _____________________________________

my date and country of birth _________________________________________

my file number A __________________________

my DHS-INFOPASS appointment number ____________________________

(I have my INFOPASS appointment notice with me.)

DATE: date of visit to DHS-CIS ____________________________

SUBJECT: Form I-765 filed more than 90 days ago.

I am requesting interim work permission.

Check all that apply. === Information regarding the filing of the Form I-765. ===

q I filed Form I-765 more than 90 days ago on (date of filing) _______________.

q I have not received my new EAD.

q I have not received any request for additional information regarding my Form I-765.

q I received a request for additional information on

(date of receipt) ______________, and I submitted the additional information on

(date of submission) ______________. I understand that the 90-day count restarted on the date DHS-CIS received the additional information and that it has been 90 days or more since that date.

q To the best of my knowledge the employment authorization document that I requested has not been issued within the 90 days since my last submission of documents to DHS-CIS.

Check all that apply. === Information regarding my current address. ===

q I have not moved or changed my mailing address since filing the Form I-765.

q I have moved or changed my mailing address since filing the Form I-765 and I notified DHS-CIS in writing of that change on (date of notification) _____________________. The mailing address to which I want my EAD sent is ______________________________________________________.

Check all that apply. === I have the following items with me. ===

q My original Form I-765 Receipt Notice and a photocopy of the notice that DHS-CIS may keep if necessary. (Or other evidence of filing, such as a cancelled check.)

q A copy of the Form I-765 that I filed more than 90 days ago.

q My current EAD and a photocopy of it, front and back, that DHS-CIS may keep if necessary.

q My current Form I-94.

q My passport and another form of photo ID (specify type of ID) __________________. I understand that I must present two (2) forms of photo ID. My passport can serve as one of those.

q A new set of photos that meet DHS-CIS specifications.

TEXT OF THE IMMIGRATION REGULATION

The "90-day rule" is part of the immigration regulations. The following text is taken directly from the Code of Federal Regulations as posted on the DHS-CIS web site at http://uscis.gov/graphics/lawsregs/index.htm

See special Duke notes at the bottom of the page.

*** BEGIN TEXT ***

8 CFR 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, except in the case of an initial application for employment authorization under 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and § 274a.12(c)(9) in so far as it is governed by §§ 245.13(j) and 245.15(k) of this chapter. 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. (Amended 7/1/94; 59 FR 33903 ) (Amended 1/4/95; 59 FR 62284) (Amended effective 6/22/98; 63 FR 27823 ) (Corrected 7/21/98; 63 FR 39121 )

(Amended effective 6/11/99; 64 FR 25756 )

*** END TEXT ***

DUKE NOTES:

Remember that if you send in an incomplete application and DHS-CIS has to request additional information, the 90-day count starts only after DHS-CIS receives the additional information.
The references to 274a.12(c)(8) and 274a.12(c)(9) correspond to sections (c)(8) and (c)(9) in the Form I-765 instruction booklet.
The special provisions mentioned concerning 245.13(j) and 245.15(k) refer to certain nationals of Cuba, Haiti, and Nicaragua. If you are a national of one of those countries, please contact the International Office or an immigration lawyer for further information.
The grant of 240 days of interim work permission applies only until the EAD is issued. When it is issued the work permission ends on the date indicated on the EAD. If the EAD is denied, then the work permission usually ends as of the date of the denial, although DHS may specify another date in the denial notice.