Mike Cronin, the INS' Acting Associate Commissioner in charge of Programs, has issued a memorandum on employment authorization documents that addresses local variations in EAD processing, timely adjudication and interim employment authorization.

According to the INS memo, the agency is getting ready to issue a proposed rule which will modify the process for applications for EADs. The memo issued by Cronin, however, is designed to clarify existing policies.

The memorandum orders local offices to cease immediately any practice involving the endorsement of any application or petition receipts, or letters - including I-797 approval notices and documents on INS letterhead - with a statement that the document constitutes evidence of employment authorization.

INS offices are also being ordered to monitor EAD applications to ensure that the documents are being issued within the required 90 days and to respond appropriately to requests for interim employment authorization.

The memorandum clarifies an earlier memorandum issued by INS addressing when a receipt for filing an EAD is adequate proof of work authorization. The "receipt rule" permits an individual to present a receipt for filing an EAD if the individual has applied for a replacement document. Replacement means a replacement for a document that was lost, stolen, or damaged. The receipt is not proof of work authorization when a person has an application pending for more than 90 days (an interim work card must be obtained) or where a person files for an extension of an EAD. Because the receipt rule does not apply to extensions of EADs and the INS has up to three months to issue an approval, it is advisable not to wait until the last minute to apply for an extension.