The Law Office of Brian D. Zuccaro, PLLC

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USCIS Adjudicating EAD & AP Separately Now

In an effort to work through its backlog of EAD work authorization applications, USCIS has stated to AILA that it is decoupling adjudication of EAD and Advance Parole travel authorization applications. USCIS previously would adjudicate both of these applications simultaneously for Adjustment of Status applicants.

As result, some Adjustment of Status (AOS) applicants may now first receive approval of only their EAD applications, and then later on of their Advance Parole. For TN visa applicants applying for Adjustment of Status the prioritizing of EAD applications may be welcomed as it can allow for open market work authorization. The drawback is that TN workers applying for AOS may continue to experience delays in their ability to travel outside the U.S. As with the majority of AOS applicants, departing the U.S. without first receiving their Advance Parole will result in the abandonment of their AOS applications.

Presumably, USCIS will issue separate documents now instead of the work and travel authorization combination card that it has issued since 2011.