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Litigation Wins Means USCIS MUST Produce EAD’s

A victorious ruling dated August 3, 2020 by Chief United States District Judge Algenon L. Marbley who presided over a recent Class Action Law Suit was filed (Subramanya vs USCIS) in the United States District Court for the Southern District of Ohio Eastern Division which was held against USCIS. This ruling has forced USCIS to produce EAD’s as USCIS is entirely over their processing times.

USCIS received constant and repeat inquiries for cases outside their normal processing times, Congressional steps with the Senator’s offices were not getting anything done. This has caused numerous amounts of individuals irreparable harm by having them stop working, and worse, lose their employment and the ability to make ends meet.

There was a backlog of 75,000 individuals waiting for their EADs to be adjudicated.

Once the lawsuit was filed, a Temporary Restraining Order (TRO) was filed and a hearing was held within a week. Many including the Petitioner and others in the Class Action Lawsuit testified at the hearing and the Judge immediately ordered that the TRO request would be granted immediately. After order was granted, it was noted that USCIS would not be able to produce 75,000 EAD’s right away. A timetable was set up within a couple of weeks to produce all cards.

A very critical point however was that USCIS was convinced to post a notice on USCIS.gov (https://www.uscis.gov/i-9-central/form-i-9-verification-during-ead-production-delays-due-to-covid-19 that an approval notice of the I-765 would serve as authorization to work immediately. The announcement by USCIS dated August 19, 2020 states employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application for Employment Authorization (Form I-765) under any classification as a Form I-9, Employment Eligibility Verification.



This article aims to provide new information concerning USCIS’s guidance on EAD production delays. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).



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