A lawsuit filed by a group of asylum-seekers to speed up the processing of work visas is being fought by USCIS. After several months of delay, the asylum-seekers sued USCIS over the excessive wait times for processing. In the suit, the asylum-seekers ask for their work permits to be processed within six months. Subsequently, the group is pursuing a class-action lawsuit, opening the option for qualifying individuals to join the suit. Further, the group filed an injunction that demands that USCIS complete work visa processing in a timely manner.

USCIS argued against the asylum-seekers lawsuit. They state they have not yet been directed to complete processing within six months. In addition, USCIS states each case should be considered individually and a class-action lawsuit is inappropriate. Finally, USCIS stated that if the judge supports the requested timeline, they will need some time to develop a plan to comply with the court order.

The judge on the case stated the consideration of a short extension to the requested six months. Particularly around the holidays, the need for the individuals to be able to work is important, per the judge. The judge stated the rule on the injunction and class certification will be issued soon.

The case was brought in November 2021. Most of the group’s work permit renewal applications have been processed, but at least two are still pending.

ILBSG continues to monitor ongoing legal actions and policy updates affecting immigration. If you have an immigration-related question, contact us at any time. We put our expertise and experience to work for you to ensure you get the right advice.

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