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Class Action Filed Against USCIS and DHS for Unlawful Delays in Adjudicating Applications for Employment Authorization

In May, a nationwide, class action lawsuit was filed against USCIS and DHS for delaying the adjudication of applications for employment authorization documents (EADs). The complaint alleges that the EAD adjudication delays and failure to issue interim EADs are unlawful; specifically, that they violate the Administrative Procedure Act that governs federal agencies’ actions.

Regulations require USCIS to either adjudicate an EAD application within a fixed period of time — normally 90 days — or issue interim employment authorization if this time period has expired. When USCIS fails to do either, foreign nationals are left in a precarious position: they risk losing their jobs, any work related benefits, and in some states, their driver’s licenses, although they have valid immigration status.