Adjudication Alert: I-765 Photographs

Each form submitted to USCIS has different legal requirements, but we often find that as administrations change, so do adjudication and processing trends. Today’s adjudication alert is related to Form I-765, or the Application for Employment Authorization.

As a reminder, the I-765 instructions state:

You must submit two identical color photographs of yourself taken within 30 days of filing your application. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched.

The directions go on to explain that the photos must measure 2” by 2” and be in color, with a full face, frontal view. The photos must also have the applicant’s name and Alien Receipt Number printed in pencil or felt tip pen on the back of the photo.

Why are we addressing such trivial instructions today? Recently, our office was engaged to respond to a Request for Evidence for a client’s recently submitted EAD application. Two passport-style photos, that seemingly met the criteria above, were submitted with the original application. However, in the RFE, USCIS pointed out that the photos were not taken within 30 days of the filing. The RFE stated that when the officer compared the photos with an EAD from two years ago, they noticed the photos were identical. The individuals must now have new photos taken in order to respond to the RFE, further delaying a decision on the EAD application.

This is just one example of the heightened scrutiny we have seen across visa types over the past months. In today’s immigration climate, it is important to have a legal team on your side that is not only aware of adjudication trends, but detail-oriented and responsive to shifting government priorities and processes. At Challa Law Group, we are dedicated to finding the best immigration strategy for our clients. Contact us today for an appointment with one of our attorneys.