Employment Authorization Documents Adjudication Delays

Employment Authorization Documents Adjudication Delays

Rosario v. USCIS, No. 2:15-cv-00813-JLR (W.D. Wash.), appeal pending, NWIRP v. USCIS, No. 18-35806 (9th Cir.)

STATUS:
Pending

In this certified nationwide class action, asylum applicants whose initial applications for employment authorization documents (EADs) were not adjudicated within the 30-day period required by regulation sought a court order compelling U.S. Citizenship and Immigration Services (USCIS) to comply with the regulatory timeframe.

Following summary judgment briefing by both parties, the court ruled in Plaintiffs’ favor on July 26, 2018. The court ordered USCIS to follow the law and timely adjudicate initial EAD asylum applications. While the government initially appealed that decision, it ultimately sought dismissal of the appeal, leaving the court’s order in place.

On June 22, 2020, the government published a new rule eliminating the 30-day processing deadline for initial asylum EAD applications. 85 Fed. Reg. 37,502 (June 22, 2020). However, a different federal court held that this new rule could not be applied to members of Casa de Maryland (CASA) and Asylum Seekers Advocacy Project (ASAP). Casa de Maryland Inc. et. al. v. Chad Wolf et. al., No. 8:20-cv-02118-PX (D.D.C. Sept. 11, 2020). Therefore, members of ASAP and CASA who file initial asylum EAD applications remain Rosario class members entitled to adjudication with 30 days.

For more information about the Rosario court’s order and the partial implementation plan, , please read our Frequently Asked Questions.

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