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Judge Orders USCIS to Address EAD and Green Card Printing Backlogs

Judge Orders USCIS to Address EAD and Green Card Printing Backlogs

A federal judge has ordered USCIS to print all backlogged green cards and EADs within seven days, citing the harm the lack of income is causing plaintiffs in the midst of the pandemic. The suit claims that the USCIS backlog is purposeful, stating that the agency has “either an intention to harm plaintiff and class members or deliberate indifference.”

USCIS typically prints and mails EADs within 48 hours of approval but argued in court documents that the agency is not legally required to provide the documents within that timeframe. Judge Algenon Marbley disagreed: “The fact that there is no statute or regulation setting a timeline for action does not mean that the agency retains unfettered discretion to issue EADs at any time they wish.”

Even as companies are struggling to stay profitable, USCIS has delayed printing documents critical to continued employment of skilled workers. Thousands of individuals who have been approved to legally work in the United States are instead without proper documentation to present to employers due to the USCIS backlogs and reduced printing capacity. The USCIS website reports processing times up to 12 months for some service centers, but in public statements the agency has reported four-month processing times, insisting that the speed is faster than 2019 and consistent with 2018 processing times.

While it is reasonable to assume the delays were due to COVID precautions, many USCIS workers continued to process EAD and green card applications. Approvals were still generated during adjudications, but the documentary proof required for work authorization continues to be delayed. The printing backlog is in part attributable to USCIS ending a contract with a company responsible for green card and EAD production. The agency intended to continue production in-house, but instead shut down one of the two facilities and reduced capacity at the second.

USCIS has acknowledged that 50,000 green cards and 75,000 employment authorization documents remain to be printed and continually points to the financial problems on the horizon. The agency is primarily fee-funded, so the temporary closure of offices and reduction of services left USCIS with a projected billion-dollar shortfall.

On July 31, DHS announced the final rule on increasing fees for immigration and naturalization benefit requests. The new fees will become effective on October 2, 2020. Read more about the planned increases.

File your extension and EAD early to account for longer processing times and printing delays. Contact us at info@challalaw.com or 804-360-8482 to get your case started.