Employment Authorization

Recent Features

  • Blog

Court Rejects Restrictionists’ Attempts to Derail Work Authorization for H-4 Spouses

Despite immigration restrictionists’ efforts to derail implementation, a new rule went into effect allowing certain H-4 spouses (i.e., spouses of H-1B workers) to apply for work authorization.

By regulation, USCIS must either adjudicate EAD applications within a fixed time period or issue interim employment authorization. Yet, USCIS regularly fails to do either, leaving noncitizens in a precarious position, unable to work legally and at risk of losing their jobs, related benefits and, in some states, their driver’s licenses. Since 2013, AILA has repeatedly tried to address these delays with USCIS. Nonetheless, at a meeting with USCIS headquarters in April 2015, agency representatives indicated that “USCIS no longer produces interim EADs.” Faced with increasing reports from immigration lawyers of EAD adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.

 

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All Employment Authorization Content

  • Research and Analysis

The Systematic Alien Verification for Entitlements (SAVE) Program: A Fact Sheet

Publication Date: 
August 3, 2021
Immigration law is highly complex. Determining which non-citizens are “lawfully” or “unlawfully” present and whether they should be allowed to stay in the United States are complex matters which...
  • Fact Sheet

How USCIS Estimates Application and Petition Processing Times

Publication Date: 
July 18, 2018
This fact sheet provides an overview of how USCIS calculates processing times and the concerns over the accuracy of these estimates.
  • Litigation

Employment Authorization Documents Adjudication Delays

Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
  • Litigation

Challenging USCIS for Delays in Renewal of Employment Authorizations

The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers.
  • Advocacy

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

  • Advocacy

Letter Requesting 60-Day Comment Period on Proposed Rule Expanding Collection of Biometrics

September 15, 2020
This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%.
  • Advocacy

Statement for the House Committee on Judiciary Subcommittee on Immigration and Citizenship Hearing on "Oversight of U.S. Citizenship and Immigration Services"

July 29, 2020

The American Immigration Council submitted a written statement to the House Committee on Judiciary Subcommittee on Immigration and Citizenship for a July 29, 2020 hearing on "Oversight of U....

  • Advocacy

Council and WilmerHale File Administrative Challenge to Burdensome Records Requirement for Employment Authorization

May 12, 2020

The Council and the law firm WilmerHale filed a petition with the Office of Management and Budget (OMB) challenging the requirement that asylum seekers...

  • Advocacy

Comments Opposing Removal of 30-Day Processing Provision of Asylum Application-Related Form I-765 Employment Authorization Applications

November 12, 2019

Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration...

  • Advocacy

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

July 16, 2019
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests.
  • Litigation

Asylum Clock

The complaint, co-filed with the Northwest Immigrants Rights Project, Gibbs Houston Pauw, and the Massachusetts Law Reform Institute, was submitted on behalf of a class of untold numbers of asylum applicants wrongfully denied work authorization due to unlawful agency policies and practices. The settlement agreed to by the parties was approved by the Court and applies to the entire class.
  • Practice Advisories

Court Decision Ensures Timely Adjudication of Employment Applications Filed by Initial Asylum Applicants

Publication Date: 
March 1, 2021
This Frequently Asked Questions document addresses the status of the case and explains options for first time asylum seekers applying for employment authorization.
  • Practice Advisories

Agency Delay Litigation: Opposing a Motion to Dismiss

Publication Date: 
October 4, 2019
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments that can be made in response.
  • Practice Advisories

Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

Publication Date: 
February 5, 2014
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).
  • Blog

USCIS Re-Issues Temporary Rule to Extend Work Permits for 800,000 Immigrant Workers

April 15, 2024

Thousands of immigrant workers with pending work permit renewals, and their employers, breathed a sigh of relief last week. On April 8, U.S. Citizenship and Immigration Services (USCIS) issued a...

  • Blog

STEM-Related Petitions Increase Following USCIS’ Updated Policy Guidance

March 29, 2024

A recent analysis by U.S. Citizenship and Immigration Services (USCIS) found that the number of petitions by, or on behalf of, foreign-born workers in the fields of science, technology,...

  • Blog

DHS’ New Work Permit Measures Are Welcome Change with Potential to Address USCIS Challenges 

September 29, 2023

On September 20, 2023, the Department of Homeland Security (DHS) announced measures to accelerate the processing of some work permits and to extend their validity period for particular categories...

  • Blog

New USCIS Center Is Good News For Some Of Its Worst Backlog Victims

April 5, 2023

U.S. Citizenship and Immigration Services (USCIS) is opening a new service center to try to fix some of its most egregious backlogs. The agency reportedly has already reassigned 150 employees –...

  • Blog

Failure to Reauthorize Employment Harms Asylum Seekers and the U.S. Economy

November 12, 2021

U.S. workers are losing their jobs due to bureaucratic delays at U.S. Citizenship and Immigration Services (USCIS), despite an economy desperate for workers. Asylum seekers wanting to renew their...

  • Blog

Problems at USCIS Persist, Despite Biden’s Progress on Immigration in His First 100 Days

April 29, 2021

When President Biden took office, he inherited a legal immigration system that was teetering on the brink of collapse. Delays within U.S. Citizenship and Immigration Services (USCIS) have reached...

  • Blog

USCIS Upends the Lives of Immigrants by Refusing to Print Their Work Permits and Green Cards

July 15, 2020

Update: On August 3, 2020, a federal court in Ohio granted a temporary restraining order requiring USCIS to print a work permit within 7 days for all individuals who had been approved for one. The...

  • Blog

DHS Suggests Asylum Seekers Should Get Used to ‘Homelessness’ After Stripping Work Permits

June 24, 2020

The Department of Homeland Security (DHS) will finalize a new regulation on June 26 which will strip most asylum seekers of the right to seek work authorization. The rule imposes sweeping new...

  • Blog

How the Coronavirus Is Disrupting USCIS Processing of Immigration Applications

March 25, 2020

The coronavirus outbreak has significantly disrupted the operations of government agencies around the country, including U.S. Citizenship and Immigration Services (USCIS). USCIS is the agency that...

  • Blog

Opposition Mounts to Trump’s Effort to Delay Work Permits for People Seeking Asylum

November 7, 2019

The Trump administration is proposing a new rule that would delay work authorization for people seeking asylum in the United States. The move is drawing opposition from advocates across the...

  • Press Release

Over 3,360 Texans Attend Houston’s Largest-Ever Citizenship Ceremony

July 11, 2024
As the “Citizenship Capital” of the United States, Harris County, Houston hosted its largest-ever oath ceremony to naturalize thousands of new U.S. citizens.
  • Press Release

Amid Deadly Heat, Migrant Farm Workers are Keeping Americans Fed

July 2, 2024
New data analysis by the American Immigration Council found that migrant farm workers are playing a key role in feeding Americans, even as they are increasingly vulnerable to extreme heat.
  • Press Release

More than 100 Business Organizations Sign Onto Council Letter Urging Congress to Reduce the Waiting Period for Asylum Seekers to Obtain Work Permits

November 16, 2023
The American Immigration Council and over 100 business organizations, including chambers of commerce and trade associations, want Congress to remove the present obstacle to asylum applicants acquiring work permits swiftly.
  • Press Release

Court Does Not Expedite Work Permit Renewals for Asylum Seekers, Leaving Thousands Without Work or at Risk of Losing Jobs

December 23, 2021
A federal court denied preliminary relief in a lawsuit challenging USCIS's extreme delays and failure to process work permit renewals for asylum seekers. The judge declined to order USCIS to process work permit renewal applications within the 180-day automatic extension of employment authorization.
  • Press Release

U.S. Workers Sue USCIS for Unlawful Delays in Renewal of Employment Authorizations

November 11, 2021
Five workers in the United States filed a nationwide class action lawsuit today challenging unlawful log-jam and extreme delays at U.S. Citizenship and Immigration Services that have resulted in the government’s failure to process the work authorization renewals for asylum seekers.
  • Press Release

Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation

October 22, 2020
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system.
  • Press Release

Judge Rules USCIS Must Adjudicate Employment Authorization for Asylum Seekers Within 30-Days

August 2, 2018
A judge ordered last week that United States Citizenship and Immigration Services (USCIS) must adjudicate work authorization applications for asylum seekers within the prescribed 30-day deadline.
  • Press Release

Judge Certifies Nationwide Class in Employment Authorization Case

July 19, 2017
U.S. District Court Judge James Robert granted a motion to certify a nationwide class in Northwest Immigrant Rights Project v. USCIS, recognizing that USCIS must adjudicate asylum seekers’ employment authorization applications within 30 days if they are submitted in a timely manner.
  • Press Release

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

June 10, 2015

Washington D.C.– Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S.

  • Press Release

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

May 26, 2015

Washington D.C.– Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S.

  • Press Release

Over 3,360 Texans Attend Houston’s Largest-Ever Citizenship Ceremony

July 11, 2024
As the “Citizenship Capital” of the United States, Harris County, Houston hosted its largest-ever oath ceremony to naturalize thousands of new U.S. citizens.
  • Press Release

Amid Deadly Heat, Migrant Farm Workers are Keeping Americans Fed

July 2, 2024
New data analysis by the American Immigration Council found that migrant farm workers are playing a key role in feeding Americans, even as they are increasingly vulnerable to extreme heat.
  • Litigation

Employment Authorization Documents Adjudication Delays

Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
  • Blog

USCIS Re-Issues Temporary Rule to Extend Work Permits for 800,000 Immigrant Workers

April 15, 2024

Thousands of immigrant workers with pending work permit renewals, and their employers, breathed a sigh of relief last week. On April 8, U.S. Citizenship and Immigration Services (USCIS) issued a...

  • Blog

STEM-Related Petitions Increase Following USCIS’ Updated Policy Guidance

March 29, 2024

A recent analysis by U.S. Citizenship and Immigration Services (USCIS) found that the number of petitions by, or on behalf of, foreign-born workers in the fields of science, technology,...

  • Advocacy

Testifying on the Subcommittee on Immigration Integrity, Security, and Enforcement “Presidential Power to Secure the Border”

Publication Date: 
March 7, 2024
The American Immigration Council appeared before Congress to discuss the need for Congress to overhaul the asylum system.
  • Press Release

More than 100 Business Organizations Sign Onto Council Letter Urging Congress to Reduce the Waiting Period for Asylum Seekers to Obtain Work Permits

November 16, 2023
The American Immigration Council and over 100 business organizations, including chambers of commerce and trade associations, want Congress to remove the present obstacle to asylum applicants acquiring work permits swiftly.
  • Blog

DHS’ New Work Permit Measures Are Welcome Change with Potential to Address USCIS Challenges 

September 29, 2023

On September 20, 2023, the Department of Homeland Security (DHS) announced measures to accelerate the processing of some work permits and to extend their validity period for particular categories...

  • Advocacy

Testifying on the Positive Economic Contributions of Immigrants in the U.S. and the American Immigrant Workforce

Publication Date: 
September 20, 2023
The American Immigration Council appeared before Congress to address the economic contributions of immigrants in the U.S. and the American economic system.
  • Blog

New USCIS Center Is Good News For Some Of Its Worst Backlog Victims

April 5, 2023

U.S. Citizenship and Immigration Services (USCIS) is opening a new service center to try to fix some of its most egregious backlogs. The agency reportedly has already reassigned 150 employees –...

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