Civil Lawsuit Filed Against USCIS for Delay in Adjudication of EAD Applications

On May 22, 2015, the American Immigration Council, Northwest Immigrant Rights Project (NWIRP), filed a nationwide civil action lawsuit on behalf of three immigrants and two immigration service providers against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication of their applications for employment authorization.

The petition was filed at the Federal court in U.S. District Court for the Western District of Washington and claims that USCIS violates its own regulations by repeatedly failing to adjudicate the applications for employment authorization within a fixed timeframe, thereby delaying the process.

According to USCIS regulations, the EAD applications must be adjudicated within the instructed time period. In the case that this time period has expired, USCIS must issue interim employment authorization to those applicants whose petitions have been unlawfully delayed. In the lawsuit, plaintiffs are pursuing the Court to intervene in requiring USCIS to meet these regulations.

Plaintiffs argue that USCIS’ failure to adjudicate EAD applications according to regulations puts immigrants in a difficult situation; immigrants may be at risk of losing their jobs, work related benefits, and possibly their driver’s licenses as a result of the delay in adjudication process of their petitions.

Read the complaint of the Civil Lawsuit Against DHS in its entirety for more details.