Relief For Employees With Approved Employment Authorization

COVID-19 has affected nearly all areas of immigration, including the speed at which the United States Citizenship and Immigration Services ("USCIS") is able to produce the Employment Authorization Document ("EAD card"). Thousands of foreign nationals must typically have the EAD card "in hand" to begin or continue lawful employment. In a settlement reached last month (Subramanya v. USCIS, 7/22/20), up to 75,000 foreign employees may find relief from the delayed card production.

USCIS has historically printed and mailed EADs within 48 hours of approval; however, in recent months, thousands have waited or are still waiting months for the arrival of the approved card, despite their applications having already been approved. The regulations require USCIS to issue an EAD if the application is granted. While USCIS argued there is no regulatory deadline for which the card must be produced and mailed, the Judge presiding over the case stated, "The fact that there is no