ZaiOS

title: “EAD RFE Cover & Checklist” area: “Immigration” legacy_source: “legacy_import/immigration/EAD RFE Cover & Checklist.md” imported_at: “2026-09-25T02:15:53.379Z” verification_status: “indexed”

title: “EAD RFE Response Cover Letter & Checklist” description: “Complete cover letter and checklist for I-765 RFE response including legal arguments and evidence” tags: [zjk, immigration, i765, ead, rfe, response, employment-authorization] published: true date: 2025-09-28 last_updated: 2025-09-28 rfe_type: “i765_employment_authorization” rfe_date: “2025-08-26” response_deadline: “2025-11-17” priority: “critical”

To: USCIS Service Center
From: Zaitullah Jan Khebarkhil
Date: 09/28/2025 Subject: Response to Request for Evidence - I-765 Application for Employment Authorization

Dear USCIS Officer,

I am writing to respond to the Request for Evidence (RFE) dated August 26, 2025, regarding my I-765 Application for Employment Authorization. I respectfully submit the following response with all requested evidence and supporting documentation.

Case Information:

  • Form: I-765, Application for Employment Authorization
  • Receipt Number:
  • A-Number: A244-153-0333 (I-589 system)
  • Applicant: Zaitullah Jan Khebarkhil
  • Date of Birth: January 1, 1997
  • Current Status: Asylum Applicant (I-589 pending)

Response Summary: This response addresses the RFE requirements and demonstrates my continued eligibility for employment authorization under the pre-2020 asylum EAD regulations. I have maintained continuous lawful presence and have diligently complied with all USCIS requests, including attending scheduled biometrics and asylum interview appointments.

Legal Basis for Approval: Under 8 CFR § 208.7(a)(1), asylum applicants may request employment authorization 150 days after filing a complete Form I-589. USCIS must adjudicate the application within 30 days and cannot approve it until 180 days have elapsed. The 2020 asylum EAD rules that allowed discretionary denials were vacated by Casa de Maryland v. Wolf and AsylumWorks v. Mayorkas, requiring USCIS to apply pre-2020 standards.

Supporting Evidence: I have included all requested documentation demonstrating my eligibility, including proof of pending asylum application, compliance with biometrics requirements, lawful entry and presence, and evidence of faithful service to U.S. forces.

Thank you for your consideration of my employment authorization application.

Sincerely,
Zaitullah Jan Khebarkhil

📅 RFE Response Timeline

DetailInformation
RFE DateAugust 26, 2025
Response DeadlineNovember 17, 2025
Days Remaining[Calculate from current date]
Priority LevelCritical
Response MethodCertified Mail with Return Receipt

1. Regulations and Case Law

  • 8 CFR § 208.7(a)(1): Asylum applicants may request employment authorization 150 days after filing complete Form I-589
  • 30-Day Adjudication Requirement: USCIS must adjudicate within 30 days and cannot approve until 180 days have elapsed
  • Pre-2020 Standards: 2020 asylum EAD rules allowing discretionary denials were vacated by Casa de Maryland v. Wolf and AsylumWorks v. Mayorkas
  • Non-Discretionary Approval: USCIS must apply pre-2020 standards and cannot deny EAD at its discretion

2. Continuous Eligibility & No Applicant-Caused Delays

  • Asylum Filing: Filed I-589 on September 13, 2025, with receipt notice issued September 23, 2025
  • Compliance: Diligently complied with all USCIS requests and appointments
  • Biometrics: USCIS-scheduled biometrics appointment (October 9, 2025) - any delay attributable to agency, not applicant
  • Lawful Presence: Maintained continuous lawful presence through parole, I-94, and prior EADs
  • CASA/ASAP Membership: Injunction applies to prevent discretionary denials

3. Humanitarian Equities

  • Military Service: COM approval letter confirms “faithful and valuable service” to U.S. forces
  • Threats: Faces ongoing threats from Taliban due to service with U.S. forces
  • Self-Sufficiency: EAD allows support of self and family while cases are adjudicated
  • Economic Contribution: Tax-paying worker contributing to U.S. economy

4. Evidence of Filing and Good Faith

  • I-589 Receipt: Proof of pending asylum application (MGL2522421624)
  • Biometrics Compliance: Appointment notice and proof of attendance
  • Interview Scheduling: Asylum interview scheduled (October 15, 2025)
  • Prior EADs: History of continuous employment authorization and timely renewals
  • I-360 Filing: COM approval and SIV petition evidence
  • Lawful Entry: I-94 and parole documents
  • Character References: Affidavits from friends and supervisors

✅ RFE Response Checklist

Required Documents

  • Cover Letter - Address RFE, summarize legal arguments with citations, highlight key exhibits
  • RFE Notice (08/26/2025) - Copy of the USCIS request
  • Form I-589 Receipt Notice (09/23/2025) - Proof that asylum application is pending
  • Biometrics Appointment Notice (09/17/2025) - Show compliance with fingerprint requirements
  • Biometrics Proof of Attendance - Stamped appointment notice after completion
  • Asylum Interview Notice (09/23/2025) - Demonstrate case is moving forward
  • COM Approval Letter - Evidence of faithful service to U.S. forces
  • I-360 Filing Proof - SIV petition evidence
  • Prior EAD Cards - Show history of continuous employment authorization
  • Current I-765 Receipt Notice - Proof of timely renewal application
  • I-94 & Parole Documents - Evidence of lawful entry and status
  • Passport Biographical Page - Identity verification
  • Birth Certificate - With English translation if needed

Supporting Evidence

  • CASA/ASAP Membership Proof - If applicable
  • Affidavits & Letters of Support - Character references and community ties
  • Employment Records - Documentation of work history in U.S.
  • Tax Transcripts - Proof of U.S. presence and income
  • Bank Statements - Financial documentation
  • Driver’s License - Proof of U.S. residence

Response Package

  • Document Index - Complete list of all submitted documents
  • Copies of All Documents - Keep originals, submit copies
  • Certified Mail Receipt - Proof of mailing with tracking
  • Return Receipt Requested - Confirmation of delivery
  • Response Deadline Compliance - Submit before November 17, 2025

📝 Document Organization

Tab 1: Cover Letter & RFE Notice

  • Cover letter responding to RFE
  • Copy of original RFE notice

Tab 2: Identity & Status Documents

  • Passport biographical page
  • Birth certificate with translation
  • I-94 arrival record
  • Parole documents

Tab 3: Immigration Applications

  • I-589 receipt notice (MGL2522421624)
  • I-765 receipt notice
  • I-360 filing evidence
  • COM approval letter

Tab 4: USCIS Compliance

  • Biometrics appointment notice
  • Proof of biometrics attendance
  • Asylum interview notice
  • Prior EAD cards

Tab 5: Supporting Evidence

  • Affidavits and letters of support
  • Employment records
  • Tax transcripts
  • Bank statements

🚨 Critical Reminders

Response Deadline

  • MUST SUBMIT BY: November 17, 2025
  • Late Response: May result in denial
  • Early Submission: Recommended to allow processing time

Mailing Requirements

  • Method: Certified Mail with Return Receipt Requested
  • Tracking: Keep tracking number for delivery confirmation
  • Copies: Submit copies, keep originals
  • Proof: Include certified mail receipt in response package

Follow-Up Actions

  • Delivery Confirmation: Track package delivery
  • Case Status: Monitor USCIS online case status
  • Response Time: Typical 30-60 days for RFE response processing
  • Additional Requests: Be prepared for any follow-up requests

📞 Contact Information

USCIS Service Center

  • Address: [Check RFE notice for specific service center address]
  • Case Number: [From RFE notice]
  • Online Status: my.uscis.gov

Emergency Contact

  • Case Manager: Cody J. Rice-Velasquez
  • Phone: [Contact information on file]

Document Prepared: September 28, 2025
Client: Zaitullah Jan Khebarkhil (ZJK)
Case: I-765 Employment Authorization RFE Response
Deadline: November 17, 2025
Priority: Critical - Must submit before deadline