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What Can You Do if Your Work Permit is Delayed?

Updated: Dec 2, 2022

U.S. Citizenship and Immigration Services (USCIS) manages all work applications made by immigrants in the country. This includes new requests and renewals made by people who have already been living and working inside the U.S. Commonly work permits, an Employment Authorization Document (EAD) is essential to preserving the livelihood of millions of immigrants in America. 

Increased Wait Times

Due to a multitude of factors, including the pandemic, individuals have been experiencing long delays after filing their Form I-765, or Application for Employment Authorization. This halts their ability to legally work in America and can lead to serious financial trouble. In unfortunate cases, individuals can actually miss out on the job opportunity because USCIS failed to provide a response in time. 

Agencies Are Required To Respond

Every federal agency has a duty to respond to applications with a decision in a reasonable amount of time. USCIS is no different, and under the Administrative Procedure Act (APA), immigration applications are to be evaluated without unjustified delay. Even with those stipulations, it’s not uncommon for a permit to be delayed for months, or even longer. 

Essential work permit tips to avoid or minimize processing delays:

  1. File in advance and within the permissible filing windows;

  2. Make sure you have included accurate and required information and documents;

  3. Check the US CIS website for the proper fee and filing address and edition date;

  4. Always confirm eligibility and prudence of filing with a reputable immigration attorney;

  5. Only specific scenarios and categories qualify for a work permit. If you do not qualify, assess with a reputable attorney whether you instead qualify for other visas, status, protections under the US immigration laws

Still Have Questions Or Need Help? 

The attorneys at Antonini and Cohen create and defend the opportunity for individuals, families, and businesses to seek and achieve the American Dream. Visit us online or call us at (404) 850-9394.

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