A What To Do Guide-When Your H4-EAD USCIS Filing Is Stuck or Delayed

This guide provides ways to seek help with moving your case forward if you experience a long delay or have other problems with an immigration application. Specifically, this guide covers:

• Overview
• Tips on Filing and Documentation
• Employment Authorization Document Issues and Extensions
• Potential Steps to Resolving a Filing’s Problems
• Checking Case Status and Processing Times
• Requesting an Expedite
• Resolving Issues with USCIS: e-Request
• Resolving Issues with USCIS: Other Methods
• Congressional Inquiry
• Ombudsman Case Assistance Request: Overview

Overview

If your case is stuck, you should try to resolve any issues with USCIS first before seeking outside help.

Preparing a complete filing with all requested evidence, signatures, and fee payment as early as permitted will give you the best chance for a timely adjudication. See our tips on preparing the best filing you can and keeping records organized in case you need help.

• USCIS has a backlog of incomplete work on many types of immigration applications. Unfortunately, applicants for various immigration benefits, including employment authorization documents (EADs), can experience long processing times. Some applicants may wait many months or years for USCIS to decide on a case.
• Slow processing can understandably cause applicants difficulties and stress. However, extensive wait times are unfortunately common in the US immigration system, and there are relatively few ways to address such issues.
• Typically, USCIS will only take action on a case that is proceeding slowly if it:
• is taking longer than published processing times
• has some other issue that cannot be resolved normally
• meets current standards for expediting and USCIS grants an expedite request

Tips on Filing and Documentation

Prevent and prepare for delays when you can. These tips can help ensure that you have the right documents if you need to seek help for a problem or a long wait time. It will be important to be able to provide detailed information on your attempts to contact USCIS, including dates and methods of outreach, should you need to follow up for case assistance or contact the Ombudsman

• File your application as early as you are permitted to do so and pay the proper fee by personal check for best tracking.
• Keep a copy of your entire application, so you have a record of what was submitted.
• Respond promptly to USCIS requests for evidence or information.
• Update your address if you move to receive all USCIS notifications and documents to your correct address.
• Save all USCIS documents and communications in a safe place for easy reference. Document all calls, inquiries, or other interactions with USCIS. When communicating with USCIS by phone, email, chat, etc., write down the tracking number and date for future reference.

Employment Authorization Document Issues and Extensions

Many people have experienced significant processing delays when applying for initial or renewal Employment Authorization Document (EAD) using the Form I-765.

• In some cases, people have lost their jobs and work authorization because USCIS was not able to process renewal applications before work authorization expired through no fault of the applicant.
• Despite widespread delays, there were few channels to seek help, especially if the slow processing times were the only problem applicants were experiencing.
• Fortunately, USCIS’ Temporary Final Rule (TFR) increased the automatic extension period for people waiting for EAD renewals processing for several categories. Please note that DACA and STEM OPT categories are not eligible for an extension at this time.

Potential Steps to Resolving a Filing’s Problems

There is no single way or order of steps that will guarantee the promptest possible resolution to any USCIS filing issues you may experience. Sometimes the order of steps may vary depending on unique features of your case. Sometimes having a lawyer may be helpful to try to address case difficulties. The following is a sample order of steps you can take to try to resolve issues with a USCIS filing.

1. Check case status and processing times. Always start here!
2. Request an expedite if you qualify.
3. Make an eRequest on the USCIS website when case is outside of published processing times or if your issue involves a missing USCIS notice or document.
4. Call the USCIS Contact Center to try to resolve or contact USCIS another way.
5. File a Congressional inquiry.
6. Submit a request to the Office of the CIS Ombudsman using a DHS Form 7001.

(Steps 5 and 6 are Outside of USCIS. Take these steps only when you have tried 2–3 ways to resolve an issue directly with USCIS and your situation may qualify for such relief)

Checking Case Status and Processing Times

Usually, a case must be delayed to seek action. To understand the USCIS case processing times for your specific application, use the USCIS receipt to identify key information about your filing and check standard processing times. You can submit an “outside normal processing time” service request online for your filing only when the received date listed on your receipt is before the “Receipt date for a case inquiry“ listed in the table. Visit this link for more.

Requesting an Expedite

You need a receipt number to request an expedite. If you are missing a notice or receipt, you can request a new copy through USCIS’ Case Inquiry link. Check if you qualify for an EAD auto-extension here.

In some limited cases, you may be able to request that USCIS decide on your application faster than normal if you are experiencing hardship or have particularly urgent circumstances.

• According to USCIS, expedites may be granted in cases where the requestor can show at least one of the following compelling factors:
• Severe financial loss to a company or a person, including the danger of job loss
• Emergencies or urgent humanitarian reasons related to human welfare
• Work in a healthcare or childcare field with an EAD expiration within 30 days or already expired
• Connection to furthering certain US government, cultural, or social interests
• Clear USCIS error (See here for details on USCIS’ specifically-defined administrative errors.)
• USCIS considers expedite requests on a case-by-case basis and does not have to grant or justify its decision on an expedite request, even if the request meets the criteria. Expediting is usually not possible on applications where premium processing is available.
• Additionally, USCIS will not take urgent action if the need for expediting is based on a filing error or failure to respond to USCIS requests for evidence. Visit the relevant USCIS Policy Manual webpage for more details.
• An expedite approval or denial does not affect how USCIS will actually decide the case. When USCIS grants an expedite request, USCIS will simply process and decide on the requestor’s application before other individuals who filed before the requestor.

How to request an Expedite

• Call the USCIS Contact Center at 1–800–375–5283 (TTY 800–767–1833). View this tip sheet on making phone communication with USCIS more effective.
• Request by chat through USCIS’ Ask Emma. Click the icon or type “Ask Emma” into the USCIS search bar. Then type “request an expedite” in the chat window and follow the prompts to connect with a Live Chat representative.

Resolving Issues with USCIS: e-Request

If you determine your case is outside of the published processing times, you must try to work with USCIS to fix any issues before you seek outside help.

It is important to document all interactions and referral numbers carefully in case you need to escalate the case and seek outside help in the future. You may be able to resolve an issue with USCIS by making an online case inquiry or e-Request.

You will need your:

• Receipt number
• A-number
• Filing date
• Form number (and filing or eligibility category if applicable)

For example, if inquiring about an employment authorization document, you would enter Form I-765 as the form and enter the eligibility category from page 3 question 27 as the form subtype depending on your current status and the basis on which you are eligible for a work permit.

Complete and submit the USCIS e-Request online form with the required information.

Enter your name as it is listed on your passport (or similar official identity document). Provide your birthdate in month/day/year order.

In the “Last Action Taken on Case” section, copy and paste the last status update from the case status page or describe any subsequent case actions, including visits or calls relevant to your pending application.

Enter your email address to receive the confirmation. It is important to track all USCIS correspondence, including reference numbers in case you need more help!

In the “Filed By” section, select applicant or petitioner if you are submitting the inquiry yourself.

You will receive an email and/or letter by mail indicating the status of the case and request. Follow any additional instructions provided and save the correspondence, including the referral ID, for your reference.

In some cases, USCIS may instruct you to follow up with the USCIS Contact Center by phone if you do not have a decision or a notice for further action within 60 days.

Resolving Issues with USCIS: Other Methods

You may be able to resolve issues with your case using one or more of the methods below to contact USCIS.

Contact USCIS by chat through Ask Emma or call the Contact Center at 1–800–375–5283. Applicants who are deaf, hard of hearing, or speech impaired can call TTY 800–767–1833.

USCIS has greatly limited access to human operators on calls and chat, which can be frustrating.

USCIS provides services in English and Spanish only, so if you need to speak another language, you may want to have a friend or relative with you to interpret.

If you get through to a person on chat or phone, collect and document the following information:

• Date and time of the call or chat
• Name and ID number of the USCIS operator/s you spoke to or chatted with
• The referral or SRMT number associated with your request.

Make and attend an appointment with USCIS.

Call 1–800–375–5283 (TTY 800–767–1833) to request to schedule an appointment at a local USCIS office.

In-person appointments are rare and generally limited to emergencies. If granted an appointment, follow the field office procedures, and document the confirmation number associated with your visit, along with who you spoke with, the date, time, and location. Walking in without an appointment is not permitted.

Send an email to a relevant USCIS inbox based on your case type if you can.

USCIS discontinued the use of Service Center-specific email addresses in favor of its online tools. Email options may change over time. Visit the USCIS Contact Us page for details.

You may be able to email if you 1) filed at a particular lockbox; 2) have a legal representative to inquire about certain petitions (Violence against Women Act, U, or T visas); 3) are a refugee; or 4) filed a humanitarian parole application.

If there is a relevant email address for your case type or if you can email an individual USCIS employee, document the USCIS email address used and the date of correspondence.

For best ways to use the USCIS phone lines, see this tip sheet.

Congressional Inquiry

In some cases, US Members of Congress may be able to help people who live in their district or state with problems they are experiencing with US government agencies, including USCIS.

Please note that a Congressional office may not be able to help in all cases and cannot force USCIS to take a certain action. However, Members of Congress may be able to dislodge a case or move it forward.

If you cannot dislodge the problems with your case with USCIS after submitting an e-Request and/or contacting USCIS, we recommend that you seek assistance from the US Member of Congress who represents your district. You can find out who your representatives are here with your address. (Please make a request to only one Congressional office at a time to avoid confusion!)

Often, reaching out to an elected official can help move things along in your case. USCIS, like many US government agencies, has a Legislative Affairs office staffed by liaisons that work on Capitol Hill in Washington, DC. The purpose of this office is to help Congressional staffers resolve problems with constituent cases.

Navigate to the “help with a federal agency” or “casework” portion of your representative’s webpage, often found under services, how I can serve you, or contact. Congressional forms and submission processes vary. Please follow the directions to complete the form.

• Select US Citizenship and Immigration Service or USCIS as the agency you need help with.
• Provide the requested personal information, including name, date and country of birth, A-number, and current address.
• Enter the USCIS receipt number associated with your filing where the form requests the agency case or tracking number, along with date of filing and form type found on your receipt.
• Describe the problem with your filing and what help you need. Include details like receipt numbers and the referral numbers from any other communications with USCIS in which you tried to fix the issue.
• Some Congressional forms allow you to upload supporting attachments to help staff members understand your case. If possible, provide a copy of your USCIS receipt, a copy of your filing, and any other documents relevant to your case.

For privacy reasons, you must sign a release form to authorize the Federal government to share case information with your Member of Congress.

Follow the submission directions carefully: some offices require requests to be printed and submitted by email, fax, or in person.

Typically, you will receive an automated response to your submission. Then, a staffer will follow up with you.

Ombudsman Case Assistance Request: Overview

Another option for outside help with an immigration case is the Department of Homeland Security’s Office of the Citizenship and Immigration Services (CIS) Ombudsman. This office may help you to resolve difficulties with certain types of USCIS cases after you have exhausted other possible options. As of writing, the office cannot help if slow processing is your ONLY problem because such delays are a “systemic issue.”

An Ombudsman is an official appointed to investigate individuals' complaints with a government agency and helps to resolve issues. The CIS Ombudsman office is independent, impartial, and not a part of USCIS itself. It works with USCIS to try to dislodge issues with immigration filings but does not have any authority to make or change USCIS case decisions. The office does not charge any fees for its services. It cannot provide legal advice, extend deadlines, or grant expedite requests. An Ombudsman inquiry to USCIS also does not guarantee that USCIS will take faster action on your case.

Visit this page to understand what the Ombudsman can and cannot assist with to determine if the Ombudsman can help you.

You can request Ombudsman case assistance with the DHS Form 7001.

The Ombudsman is often a last resort to prompt USCIS to address a case issue that cannot be resolved without litigation or other extraordinary means. Typically, the office will accept your case only if you have given other possible remedies sufficient time to correct the issue. This means that your case:

• is at least 30 days past the “receipt date for case inquiry” when outside of processing times or
• has been pending without result for over six months if processing times for your type of application are not published.

Individual applicants, Congressional caseworkers, employers, and others can request case assistance from the Ombudsman office. If someone other than the applicant is making the request, additional documentation is required to prove the requestor is acting on behalf of the applicant with that person’s knowledge and permission.

For particularly difficult cases, having a lawyer or accredited representative can be helpful to try to address case difficulties. See more about finding an appropriate legal representative here. When immigration lawyers or accredited representatives make the request, they should include a copy of their Form G-28, Notice of Appearance of Attorney to prove their connection to the case.

This guide provides a comprehensive approach to addressing USCIS filing issues, covering steps to take within USCIS and options for seeking outside assistance. Drop a ❤️ if you find my article helpful! Cheers!

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