This month, Joseph & Corridor, in collaboration with the Immpact Litigation collaboration and the American Immigration Attorneys Affiliation, filed a category motion lawsuit difficult United States Citizenship and Immigration Companies (USCIS) delays in processing Employment Authorization Paperwork (EADs).
Plaintiffs within the case, titled Kang v. DHS, are people in E-2 nonimmigrant standing and people looking for adjustment of standing who’re affected by company delays in processing EAD purposes. The company, beforehand required to adjudicate EAD purposes inside 90 days, now says that processing occasions of 21.5 months are “regular” for some candidates. So long as an software has not gone exterior of the “regular” processing occasions, candidates are instructed they can not even contact the company to inquire in regards to the standing of their case.
Within the meantime, candidates who’re in any other case eligible for EADs are lacking out on job alternatives, being terminated because of lack of labor authorization, and shedding the flexibility to offer for themselves and their households—solely because of systemic bureaucratic delays.
Kang v. DHS seeks class certification and an order discovering that the federal government has acted arbitrarily and capriciously in permitting processing occasions to balloon to unprecedented ranges, discovering the delays unreasonable, and ordering the federal government to return to a 90-day processing timeframe for EADs whereas establishing safeguards towards gaps in employment authorization together with by computerized extensions and interim EAD paperwork.
The Kang case has been filed in U.S. District Courtroom for the District of Colombia and we’ll present additional updates because the case progresses.
