The consent regulation and the final declaration (order) in Subramanya v USCIS, the case where the Agency requests the issuance of Late Work Permit Documents (EADs); was signed and issued.
The order is expected to generate and ship approximately 75,000 identified, late EADs. The regulation covers individuals who have had EAD approval notifications from December 1, 2019 to August 20, 2020 but have not received appropriate cards. In the meantime, these individuals can use their Form I-797 Permit Notification to complete the Form I-9 Employment Review process.
The order sets the specific schedule for the production and dispatch of the EADs as follows:
- There are 27,829 Individuals who have received I-765 approval notices. The production of their cards was ordered. Your EAD cards should be sent by August 28, 2020.
- There are 17,736 Individuals who have received I-765 approval notifications but have made their cards Not been ordered. USCIS claims that biometric information is still required. Most of these people now have biometrics planned on or before September 4, 2020 (17 will not be planned until September 15, 2020 and one will not be planned until September 22, 2020). USCIS has agreed that these EADs will be sent within seven business days of the biometrics being captured.
According to reports, approximately 30,000 EADs were created and dispatched between July 22, 2020, the date the complaint was filed and August 20, 2020.
USCIS was ordered to pay $ 90,000 to the defendants’ attorneys to cover all claims for attorney fees and expenses. The court remains competent and receives reports of compliance until all identified EADs have been mailed.
If you have any questions about the Order, please contact your Jackson Lewis attorney.
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