Work permits are essential for certain classes of immigrants and non-immigrants living in the United States. As 2022 moves forward, we’ve taken a closer look at the USCIS Case Processing Times for the I-765 application, which non-citizens will need to file in order to secure a work permit. The biggest classes of non-citizens seeking work permits are I-485 applicants who are temporarily seeking an EAD before their green card is issued, dependents of non-immigrant visa holders, as well as approved asylees living in the United States and approved DACA recipients.
Case processing times are randomly subject to change based on the USCIS processing center and the staffing available. Currently, it is worth noting that a backlog for EADs still persists across many different processing centers in the U.S.
Let’s take a closer look.
California Service Center
Starting with the California Service Center, the USCIS has a general wait time of 7.5 to 14.5 months. Note that this range at the top of the page might not be applicable to your individual case though. Instead, scroll down further to see the associated wait times for different classes of immigrants and non-immigrants. Always use this bottom section for more accurate readings.
We can see that overall the California Service Center is experiencing a backlog for most of their EAD applications. For example, it might not even be worth filing for an EAD if you have a pending adjustment of status application concurrently filed, as you might be issued a green card in advance of your EAD. Spouses of H1-B visa holders have an estimated wait time of 7.5 to 12 months for a work permit.
Texas Service Center
The Texas Service center offers faster processing time for EAD applicants who are pending a decision on their asylum case. Based on U.S. immigration law, an asylum seeker cannot immediately apply for a work permit once they enter the United States. Instead, they need to win their asylum case or wait 365 days with no initial decision before filing for an EAD.[1]
In this regard, an asylum seeker with no decision yet has a processing time of 4 weeks to 8 months for select applicants. Longer wait times apply for spouses of non-immigrant H1-B holders (between 8 and 15 months).
Vermont Service Center
Vermont has one of the fastest USCIS processing centers for EAD applications. This is perhaps based on the fact that the paper-based agency sees less applications and is in a less populated area of the country. For those who have filed for a work permit pending their I-485 application can expect to wait between 7.5 and 12.5 months for an EAD. Applicants who have an approved DACA application (I-821D) will have the lowest wait time out of an category—between 3 and 3.5 months. Spouses who have come to the United States as dependents of H1-B non-immigrant visa holders also have a much lower wait time for an EAD as compared to Texas or California. The processing time for a work permit for such spouses is between 6.5 and 11 months.
Receipt Date
You will also notice if you are checking this page frequently that the USCIS provides a “Receipt Date for a Case Inquiry”. This is an important piece of information. If you feel that you have waited an extremely long time for a case decision, check on the USCIS page to see if your Receipt date is before the date listed on the right hand column. If it is, you can submit a “Case Outside of Normal Processing Time” request here.
