A group of visa holders has filed a complaint stating U.S. Citizenship and Immigration Services (USCIS) have caused unlawful obstacles due to their slow processing speed for a work permit. The group is supported by the American Immigration Lawyers Association (AILA). The individuals state they have waited between seven and thirteen months for the issuance of employment authorization from USCIS.

The group leading the proposed class-action effort has submitted applications for a work permit as they wait for the outcome of green card applications. Individuals with E-2 visas, spouses of foreign investors in U.S. businesses are also parties to the complaint.

In 2017, USCIS ended a 90-day processing requirement. Since that time, the time required for the issuance of work permits has nearly quadrupled. A D.C. federal court received the complaint and are asked to immediately issue a decision on their open cases, as well as reinstated the 90-day requirement for processing.

The U.S. Department of Homeland Security (DHS) and USCIS are charged with violation of the Administrative Procedure Act based on the extended, and growing, delay. To see processing times for various petitions, check on the USCIS website. The group claims USCIS’ processes are haphazard and irregular. Interim work permits are not being issued for cases exceeding 90+ day delays.

Further, the complainants claim E-2 spouses should be automatically employable, based on their visa status per the Code of Federal Regulations.

If you have questions about your employees and the processing time for their visa or any other immigration-related issue, contact us at ILBSG. We closely monitor ongoing developments in policy and procedures and put our expertise to work to ensure you get the right advice.

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