1. Check the average processing time for your category here:
https://egov.uscis.gov/processing-times/
2. If you filed under category C-11 - just wait. This guide is not for you. If you urgently need to speed up the process, file an Expedite Request.
3. If you filed under category C-8 and more than 30 days have passed, but your case is still within the average processing time (Step 1) - keep waiting. About 90% of cases are processed within 30 days, but delays are possible.
If you filed under category C-8 and your case is already beyond the average processing time - try the instructions below.
⚠️ The CASA v. Mayorkas lawsuit was closed in May 2023, so USCIS is no longer legally required (by court order) to strictly meet the 30-day timeframe, but it still aims for it as part of its rules.
However, as long as this guidance remains on the USCIS website, the steps below may sometimes help speed up adjudication.
STEP 1: Use one of these 3 options to create a service request with USCIS.
Option 1: online filing
Go to the eRequest website. Click “Case outside normal processing time”. Then complete the page using:
- Form number: select “I765”
- Form Sub Type: select “I765 - Based on a pending asylum application [(c)(8)] - initial” or “Renewal”
- Receipt Number: enter your USCIS receipt number
- Date field (MM/DD/YYYY)
- Applicant or Petitioner Information: enter your name, date of birth, and A-Number
- Mailing Address: enter the address where you receive mail
-
Last Action Taken on Case: this refers to the last notice/letter you received from USCIS about your EAD case.
Example: “I received an I-797C Notice of Receipt on [date]”.
- Email Address
- Author
- If this request is for your own work permit, select “Applicant or Petitioner” under “This form is filed by”.
- If this request is for someone else, select your relationship and provide your name.
- Security check: enter the letters shown in the image
- Click “Submit”
Option 2: by phone
Call the USCIS Contact Center: 1-800-375-5283.
- When the automated system asks “How can I help you?”, say “InfoPass” to reach a representative.
- Ask for the service request number. Sometimes USCIS agents do not want to provide it - keep insisting.
- You will need to provide:
- (a) your I-765 receipt number
- (b) your A-Number
- (c) the “Received Date” on your I-765 receipt notice (Form I-797, Notice of Action)
- Write down the service request number and keep it.
Option 3: online chat
Go to:
https://www.uscis.gov/
- The “Ask Emma” pop-up usually appears in the upper-right corner.
- In the chat, type “Live chat”.
- When asked what topic you need, select “Case status”.
- Click “Connect to Live Chat”.
- Enter your receipt number.
- Write down the service request number and keep it.
STEP 2: If your case is still not processed 8 business days after you contacted USCIS, send an email to the Texas Service Center (TSC) class action address: <115>tsc.classaction@uscis.dhs.gov.
Your email should include:
- Subject line: “Rosario Class Action”
-
Send the email to two addresses:
<124>tsc.classaction@uscis.dhs.gov and <126>asylumEAD@nwirp.org
(if you have ASAP membership, currently not required)
- In the body, include:
- (a) your name
- (b) your service request number
- (c) the date you called the USCIS Contact Center
- (d) your receipt number
- (e) the date on your I-765 receipt notice (Form I-797, Notice of Action)
STEP 3: contact the Ombudsman
If you have completed all steps and USCIS still has not issued your work permit
(only for (c)(8) Initial), you may file a complaint with the Ombudsman:
Link: https://www.dhs.gov/topic/cis-ombudsman/forms/7001
- Scroll down and click “Submit”.
- Scroll down to Name (Section 1) and complete:
- 1. Name: select “Individual” and enter your First name and Last name
Contact Information (Section 2)
- Street address
- Apartment/Unit number
- City
- State
- ZIP code
- Country
- Email address
- Email address (again)
- Phone number
Do not select “Please send any future correspondence through the U.S. Postal Service”.
Identification Information - Citizenship and Birth (Section 3)
- Date of birth
- Country of citizenship (hold Ctrl (PC) or CMD (Mac) to select multiple)
- Country of birth
Identification Information - A-Number (Section 4)
- Click the “+” on the right side.
- Enter your A-Number (if available).
If you cannot enter the A-Number, skip this item.
Application/Petition Information (Sections 5 and 6)
- 5. USCIS Received Date
- Receipt Number
- USCIS Form Number: select I-765
- Click “Add”
- 6. Select “Interim Benefits (ex. Employment Authorization)”
7. Select:
- I am facing a problem that was not resolved through the normal processes provided by USCIS
- I am experiencing a delay with a case that is beyond the anticipated processing time.
- I have received an action or decision that involves clear errors of fact or gross and obvious misapplication of the relevant law by USCIS.
8. Describe the difficulties you are facing, including USCIS responses.
In Section 12, attach relevant correspondence related to actions taken before contacting the Ombudsman,
including receipt notices, RFEs, decisions, notices, and any other USCIS correspondence. Limit: 2000 characters.
9. Select:
10. Select “The individual or employer encountering difficulties with USCIS”.
11. Upload supporting documents/screenshots using “Choose Files”.
12. In “Signature”, type your first and last name in English.
Click “Submit”.
If you need help, you can request the service here:
t.me/forz_usa or in the “Services” section in the I-GUIDE app.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
