Challenging USCIS for Delays in Renewal of Employment Authorizations

Challenging USCIS for Delays in Renewal of Employment Authorizations

Tony N. v. USCIS, Case No. 3:21-cv-08742 (N.D. Cal.)


By regulation U.S. Citizenship and Immigration Services (USCIS) must adjudicate employment authorization document renewal applications for asylum applicants within 180 days. Yet, USCIS regularly fails to do so, leaving asylum seekers and their families in a precarious position, at risk of losing their jobs, related benefits and, in some states, their driver’s licenses.

This nationwide class action lawsuit challenges USCIS’ failure to timely renew work authorizations for asylum workers in the United States and seeks to compel USCIS to take necessary steps to address delays and timely adjudicate employment authorization renewal applications for asylum applicants. 

The complaint alleges that USCIS’ unlawful log-jam is unnecessary and that the agency “has already determined that each of these asylum seekers are authorized to work ... [and that plaintiffs] seek to renew their employment authorization document so they may maintain or resume their employment and support themselves and their families while awaiting adjudication of their asylum claims.”

The lawsuit was filed at the federal district court in the Northern District of California by the American Immigration Council, the Asylum Seeker Advocacy Project, and Lakin Wille, LLP.

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