Amid a national labor shortage, a group of asylum-seekers filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS) for ongoing delays in completing work authorization renewals. Many of the asylum-seekers have been left unable to work due to the delay. The lawsuit asks to reinstate the 180-day deadline for processing work authorization renewals.

The class members are applicants for asylum who were approved to work in the U.S. while waiting for their applications to be processed. Renewals were submitted for their work authorizations prior to the two-year expiration date. However, USCIS did not complete the process in time. As a result, some of the individuals have already lost their jobs and others soon will.

According to the complaint, after USCIS was no longer required to meet specific processing timelines, timelines extended. In fact, delays are up to eleven months at one processing center, per the USCIS’ own data. The individuals’ desire to work and availability of work are in sync, however, the authorization continues to lag. In fact, the U.S. Department of Labor (DOL) stated over 10 million job openings existed in September 2021, with 4.4 million individuals who resigned their positions in the same month.

Noted in the complaint is an ongoing USCIS issue on processing, including the ‘blank space’ automatic rejection, the addition of vetting measures including biometrics, and an increase in requests for more information regarding non-immigration visa petitions. Similarly, the U.S. Government and Accountability report that was released in September 2021 faulted USCIS for its failure to reduce the backlog of immigration cases. The growth in backlog was due, in part, to Covid-19 issues, including staffing shortages, hiring delays, and policy changes to expand interview requirements.

The complaint hopes to represent a class of asylum-seekers whose application for a renewed employment authorization document (EAD) will take 180 days or more to process. The goal of the complaint is to order USCIS to adjudicate the EAD renewals within 180 days.

If you have questions about your EAD renewal or any other immigration-related issue, contact us at ILBSG. We continue to monitor ongoing legal and policy changes to ensure you get the right advice.

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