The American Immigration Lawyers Association (AILA) and its member lawyers filed a class action lawsuit on November, 9 2021 challenging the huge USCIS processing delays on work permits. The lawsuit consists of 49 individual and organizational plaintiffs. The litigation aims to force the Biden administration to explain and address the extreme processing delays on applications for noncitizens applying for work authorization.
USCIS has been informing applicants that the processing time for work authorization cards is currently taking between 20 and 21.5 months. Previously, USCIS had promised that EADs would be processed within 90 days. Without work authorization, noncitizens are left without a means to provide for themselves and their families through working or the ability to hold a driver's license.
Greg Siskind, one of the lawyers on the litigation team, stated, "By its own analysis, USCIS takes only 12 minutes to adjudicate a work card application for which it charges $410. Taking 20 months to get an application is not only unreasonable on its face, but perplexing when employers across the US are struggling to find enough workers to keep their business operating."
The litigation team hopes to hold USCIS and DHS accountable for its delays and ensure a reasonable processing time for applications.
View AILA Doc. No. 21110891 here.
This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.
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