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Posts Tagged ‘EAD’

Settlement with USCIS in EAD Class Action Lawsuit

August 27, 2020 Leave a comment

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: ,

Thousands of EAD and Green Card documents are not Printed by USCIS

July 20, 2020 Leave a comment

The U.S. Citizenship and Immigration Services recently confirmed that some 50,000 green cards and 75,000 other employment authorization documents (EAD) promised to immigrants have not been produced/printed.  A class action lawsuit has been recently filed with regard to failure to print/produce the EAD cards however there is no current ongoing litigation regarding non-production of green cards. The primary reason cited for non production of these documents is the budgetary constraint.

USCIS Continues EAD Extension Cases by Reusing Biometrics

March 31, 2020 Leave a comment

On March 30, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization Document (EAD), extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the Coronavirus (COVID-19) pandemic.  This should come as relief to many applicants who have been anxiously waiting to receive EAD cards.

Updated USCIS Form I-765 to allow for EAD and Social Security Number Request Simultaneously

October 4, 2017 Leave a comment

Foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using an updated Form I-765, Application for Employment Authorization.  To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA.

Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.  The revised USCIS Form I-765 includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office.

Beginning October 2, 2017, USCIS started transmitting the additional data collected on the form to the SSA for processing.  Moving forward, applicants who receive
their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.  It is imperative to note that starting December 4, 2017, USCIS will only accept the 7/17/17 edition of Form I-765.

Categories: USCIS Tags: , , ,

Significant Delays in EAD and Advance Parole Adjudication at USCIS

August 31, 2010 Leave a comment

Applicants waiting to receive EAD and/or Advance Parole card/approvals are experiencing delays.  Almost all USCIS Service Centers are taking three (3) months for processing these applications.  Since these applications could be filed 120 days prior to expiration, it is prudent to file an EAD and/or an AP application at least 110-120 days before the expiration or if seeking an EAD or AP for the first time.  It is important to note that applicants who filed a renewal EAD application and have an expired EAD are not authorized to work and should not work.  Doing so will be considered unauthorized employment and could result in penalties and cancellation of immigration benefits.

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