USCIS EAD Mailing Expected Under Approved Consent Order

Jackson Lewis P.C.

The Consent Order and Final Statement (Order) in Subramanya v. USCIS, the case seeking the agency’s issuance of long-delayed Employment Authorization Documents (EADs), has been signed and issued.

Under the Order, approximately 75,000 identified, delayed EADs are expected to be produced and mailed. The Order includes individuals who have EAD approval notices dated from December 1, 2019, through August 20, 2020, but who have not received their corresponding cards. In the meantime, these individuals will be permitted to use their Form I-797 approval notices to complete the Form I-9 employment verification process.

The Order sets out the specific schedule for production and mailing of the EADs as follows:

  • There are 27,829 individuals who have received I-765 approval notices. The production of their cards has been ordered. Their EAD cards should be mailed by August 28, 2020.
  • There are 17,736 individuals who have received I-765 approval notices, but the production of their cards has not been ordered. USCIS claims that is because biometrics are still required. Most of these individuals now have biometrics scheduled on or before September 4, 2020 (17 will not be scheduled until September 15, 2020, and one will not be scheduled until September 22, 2020). USCIS has agreed that these EADs will be mailed within seven business days of the biometrics capture.

Approximately 30,000 EADs were reportedly produced and mailed between July 22, 2020, the date the complaint was filed, and August 20, 2020.

USCIS has been ordered to pay $90,000 to defendants’ attorneys in settlement of all claims for attorneys’ fees and costs. The court will retain jurisdiction and receive reports on compliance until all identified EADs have been mailed.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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