U.S. Citizenship and Immigration Services (USCIS) is being sued by Ukrainians who came to the U.S. after the invasion of the country by Russia. They are suing due to USCIS requiring them to apply for work access, which they claim is in violation of passed legislation. Ukrainians’ work access, they claim, was included as part of an aid package to Ukraine.
The plaintiffs claim that U.S. Congress provided the Ukrainians with the same benefits as refugees when a $20 billion military aid package was passed in May 2022. This includes the ability of qualifying Ukrainians to immediately gain the right to work, without paying any fees. The individuals suing USCIS include over 170 Ukrainians.
USCIS is requiring individuals to apply for employment authorization, a process that can take months. In addition, they are liable for the related fees including a $410 application cost. In the lawsuit, they ask that USCIS apply the Additional Ukraine Supplement Appropriations Act, or the Ukraine Refugee Act. Public access to these documents is not available, as is typical for federal courts and immigration matters.
In the passed legislation, an eligibility clause was added to clarify the specific potential Ukrainians work access benefits. In that addition, they clarify that Ukrainians “shall be eligible” for refugee benefits. The plaintiffs point out that the clarification section specifies they are not eligible to apply for a green card after one year. However, no such exemption was stated for work permits. Therefore, they should immediately qualify for work eligibility.
Over 100,000 Ukrainians have come to the U.S. after the invasion of their country. Additional Ukraine nationals continue to move to the U.S. This lawsuit includes individuals who have come or will come to the U.S. between the dates of February 24, 2022, to September 30, 2023, who have not yet received their employment authorization. The suit asks that the court certify the effort as a class action effort, state that USCIS has violated the Administration Procedure Act by not providing an immediate work permit, and end the $410 filing fee.
If you have questions about your employment authorization or any other immigration-related issue, contact us at ILBSG. Our attorneys work closely with our clients in their specific situations to ensure they get the right advice.
