11. When Should Applicants File for Extension of Their Employment Authorization?
Applicants may file for extension of their EAD at least 90 days, but no more than 120 days before the expiration date shown on their current employment authorization document.
12. If the Applicant’s EAD is Denied, Can He or She File an Appeal?
No. Applicants cannot appeal a denial or negative decision to a higher authority. However, they may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision.
13. How Can the Applicant File the Motion to Reopen?
Applicants whose EAD applications were denied may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. A motion to reopen must state new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence in support of the new facts. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and must further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.