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My EAD is Delayed, and I am About to Lose My Job: What Should I Do?

Employment Authorization card on USA Flag surface

There are a couple of good options when the immigration services are delayed in processing EAD applications: request expedited processing and/or file what is called a "mandamus action" in a federal court. You will need experienced legal help with both choices and your chances of success increase greatly by hiring immigration lawyers. Here is a quick rundown.

Seeking Expedited Processing

The immigration laws and regulations allow the USCIS to expedite the processing and/or adjudication of applications or petitions. Requests are made by applicants or petitioners and the USCIS will consider all such requests. However, the decision lies solely with the USCIS as to whether to grant expedited processing/approval.

The most common reason that the USCIS grants a request for expedited processing/approval is that there would be a severe financial loss to a company or person. However, for this to be the basis for expedited processing/approval, additional conditions must be demonstrated. These are:

  • The need for urgent action is not the result of the petitioner’s or applicant’s actions
  • The need for urgent action is not caused by the petition's/applicant's failure to file the relevant benefit request on time and
  • The need for urgent action is not the result of the petitioner's/applicant's failure to timely respond to any requests for additional evidence

Under USCIS guidelines -- see here -- the potential loss of employment "... may be sufficient to establish severe financial loss for a person, depending on the individual circumstances." So, if your job is in jeopardy, success with a request for expediting may be successful.

There are other grounds for required expediting. These are:

  • Emergencies and urgent humanitarian reasons;
  • Requests by a nonprofit organization where the request is in furtherance of the cultural or social interests of the United States
  • U.S. government interests or
  • Clear USCIS error

Filing a Mandamus Action

A "mandamus action" is a lawsuit filed with a federal judge under the U.S. Mandamus Act. See 28 U.S.C. §1361. This statute can be used to compel the USCIS to process immigration applications/petitions. Essentially, the federal court can compel any administrative agencies -- like the USCIS -- to perform its duty (such as processing applications/petitions). Note, however, that a federal court cannot compel a given result. That is, the federal court cannot compel the USCIS to approve an application, only process the application. To win, a person filing a mandamus action must prove three things:

  • The person has a clear right to the relief requested -- that is, to have their application/petition processed
  • The agency -- like the USCIS -- has a clear duty to perform the act in question and
  • There is no other adequate remedy available to the person suing

Contact Yekrangi & Associates Today

For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. You are not alone and we will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.

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