Home > USCIS > Settlement with USCIS in EAD Class Action Lawsuit

Settlement with USCIS in EAD Class Action Lawsuit

August 27, 2020

The settlement has three main components:

  • Sub-class 1, defined as the group of individuals who have received an I-765 approval notice, and the production of the EAD has been ordered but not completed.
    • There were 27,829 individuals in this group as of Thursday, August 20, 2020.
    • All EADs for this group will be produced and mailed by Friday, August 28, 2020.
  • Sub-class 2, defined as the group of individuals who have received an I-765 approval notice, and the production of the EAD has not been ordered.
    • There are 17,736 individuals in this sub-class.
    • For the most part, the reason the EAD has not been ordered is that biometrics have not been captured. USCIS claims biometrics are required. This issue was not resolved by the Court. Biometrics for this sub-class have all been scheduled, and except for 18 individuals, will be completed by September 15, 2020.
    • For the remaining 18 individuals, the biometrics will be completed by September 22, 2020. The EADs for this sub-class will be produced and mailed within 7 business days of the capture of biometrics.
  • USCIS agreed to post a notice on its website that for the interim period until the EAD cards can be produced, employees may use a Form I-797 Approval Notice, with a notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of an approval of a Form I-765 as a valid List C document for Form I-9. The notice was posted on August 19, 2020, and will be effective through December 1, 2020. All of the EAD cards should be produced and delivered before this date.

It is believed that there were approximately 30,000 EADs produced and mailed between the date the complaint was filed on July 22, 2020 and the date the class list was prepared on August 20, 2020.

Categories: USCIS Tags: ,
%d bloggers like this: