A group of visa holders have filed a complaint stating U.S. Citizenship and Immigration Services (USCIS) have created unlawful obstacles due to their slow processing speed for work permits. 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 have 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 party 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 work permit and processing times, or any other immigration-related question, contact us at ImmigrationUSA. We work with you to get the help you need and are with you every step of the way.