1. What is the effect of a priority date change on a Form I-765 Employment Authorization Document (EAD)?

A priority date change on a Form I-765 Employment Authorization Document (EAD) affects when the applicant’s application will be processed. The earlier the priority date, the earlier the applicant’s application will be processed. The priority date is the date when the application is received by USCIS and will be used to determine when an applicant’s application will be processed.

2. What happens if my priority date is earlier than the cutoff date?

If your priority date is earlier than the cutoff date, then your application will be processed and you will be eligible for an immigrant visa.

3. Is the priority date relevant to the issuance of a Form I-765 Employment Authorization Document (EAD)?

No, the priority date is not relevant to the issuance of a Form I-765 Employment Authorization Document (EAD). The priority date determines when an individual’s application for a green card will be processed. The Form I-765 Employment Authorization Document (EAD) is a separate document that is issued to give an individual authorization to work in the United States.

4. Can I obtain an EAD while I am waiting for my priority date to be current?

Yes, you may be eligible to obtain an Employment Authorization Document (EAD) while waiting for your priority date to become current. This is known as “bridge” EAD. You may apply for the EAD using Form I-765, and you must be able to demonstrate that you are a beneficiary of an approved immigrant petition. Additionally, you must submit evidence that demonstrates you are waiting for an immigrant visa number to become available due to current visa retrogression. The bridge EAD will be valid until your priority date becomes current and a visa number is available.

5. How long does it usually take to receive an EAD after my priority date has become current?

It usually takes about 60-90 days to receive an Employment Authorization Document (EAD) after a priority date has become current.

6. What should I do if my priority date has passed and I have not yet received an EAD?

If your priority date has passed and you have not yet received an EAD, you should contact USCIS for an update on the status of your application. You may also consider consulting with an immigration attorney to determine what other options may be available to you as you wait for your EAD to be issued.

7. How can I check the status of my EAD application?

You can check the status of your EAD application by calling the USCIS National Customer Service Center at 1-800-375-5283. You can also check the status of your application online through the USCIS website.

8. How often are priority dates updated?

Priority dates are usually updated once a month, usually on the second or third Tuesday of the month.

9. What is the process for updating my priority date?

In order to update your priority date, you must contact the USCIS or the U.S. Department of State National Visa Center (NVC) and provide them with updated information. The NVC may require additional documents or fees in order to process the request.

10. What should I do if my priority date changes after I have submitted an EAD application?

If your priority date has changed after you have submitted your EAD application, you will need to inform USCIS. You may need to submit an additional Form I-765 and pay a fee in order to update your application.

11. Do all immigrants need to apply for an EAD every time their priority date changes?

No, they do not. An immigrant does not need to apply for an Employment Authorization Document (EAD) every time their priority date changes. The EAD can be renewed periodically as long as the immigrant remains eligible for the benefit.

12. Do all EAD applicants have to wait for their priority dates to be current before receiving an EAD?

No, not all EAD applicants must wait for their priority dates to be current before receiving an EAD. Those who are eligible for an expedited processing of their application may be able to receive an EAD more quickly than those who must wait for their priority dates to be current. Additionally, certain categories of applicants, such as those granted asylum, may be eligible for an immediate EAD.

13. How often can I renew my EAD if my priority date changes?

You can renew your EAD as often as necessary to keep it valid for your priority date.

14. Are there any restrictions on who can apply for an EAD based on their priority date?

Yes, immigrants with a priority date that falls before the date listed on the Visa Bulletin are not eligible to apply for an Employment Authorization Document (EAD).

15. Will applying for a new EAD reset my priority date?

No, applying for a new Employment Authorization Document (EAD) will not reset your priority date. Your priority date is determined by the date you first filed for your immigrant visa application or adjustment of status.

16. Does having a current priority date guarantee that I will receive an EAD?

No. Having a current priority date does not guarantee that you will receive an EAD. Your priority date must be listed in the Final Action Dates chart in the U.S. Department of State’s Visa Bulletin in order for you to be eligible to receive an EAD. Additionally, USCIS will still need to review and approve your Form I-765 application in order for you to receive your EAD.

17. Are there any special requirements for those whose priority dates are current or close to becoming current?

Individuals whose priority dates are current or close to becoming current may need to provide documentation that they meet the specific qualifications for their visa. This could include proof of employment, educational certificates, or medical documents, depending on the type of visa. Additionally, individuals whose priority dates are current or close to becoming current may be required to attend an in-person interview at a U.S. embassy or consulate.

18. Are there any other documents that are required in order to obtain an EAD based on a current or near-current priority date?

In addition to the EAD application, some other documents that may be required in order to obtain an EAD based on a current or near-current priority date include: proof of identity (passport, driver’s license, birth certificate, etc.), a copy of the approved I-140 petition or labor certification application, a valid passport, proof of any name changes, and proof of the priority date.

19. Is there anything else I should consider when determining if my priority date is current enough to apply for an EAD?

Yes, you should also consider the visa bulletin and the cutoff dates established by the U.S. Department of State. This information can be found on the USCIS website. Additionally, you may need to consult an experienced immigration attorney to ensure that you meet all the requirements necessary for filing an EAD application.

20. What should I do if I am uncertain about how my priority date affects my eligibility for an EAD?

If you have questions or are uncertain about how your priority date affects your eligibility for an EAD, it is best to consult with an experienced immigration attorney. An attorney can help you understand the process and the applicable laws and regulations so that you can make an informed decision about whether you are eligible to apply for an EAD.