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November 19

Employment Authorization Pending More than 75 Days

What if my Employment Authorization Application has been pending for more than 75 days?

What should you do if your application for employment authorization has been pending for over 2 and a half months? The Employment Authorization application form, the I-765, can have an “approaching regulatory time frame” created if it has been pending over 75 days. Call the National Customer Service Center (the NCSC) at 1-800-375-5283 to create the service request. The service request will be sent to the correct office for further review. You will need your receipt number when calling, so have that ready.

Please note that when counting the 75 days, if USCIS has previously requested initial evidence, then the 90 day regulatory time frame restarts from when the initial evidence is received by USCIS. Additional requests for more evidence will only pause the clock, and your timer will continue where it left off when USCIS receives the additional evidence.

Furthermore, if the principal application that is the basis for your application requires additional evidence the clock will stop, such as if Form I-485 is pending for your employment authorization eligibility. Again, the clock continues where it left off when USCIS receives the additional evidence.
Similarly, if you need to request that your fingerprint appointment be rescheduled, please note that the clock will begin again on the date when you requested the rescheduling.

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