EAD Processing Delays?
You May Qualify for a Mandamus Lawsuit
If USCIS has delayed your Employment Authorization Document (EAD) beyond regulatory timelines, you may be entitled to file a lawsuit seeking mandamus relief.
What's Happening with EAD Processing?
USCIS is legally required to adjudicate EAD applications (Form I-765) within 30 days of filing. However, thousands of applicants are experiencing delays of 6+ months, causing severe financial hardship, job loss, and employment disruptions.
⚠️ Critical Situation
Many applicants are unable to work, have lost job offers, or face eviction due to USCIS delays. Legal action may be your only recourse to force USCIS to adjudicate your case.
Am I Eligible to Join the Lawsuit?
✓ You Likely Qualify If:
- ✓You filed Form I-765 (EAD application) more than 30 days ago
- ✓USCIS has not yet approved your application
- ✓You are unable to work due to the delay
- ✓You have suffered financial hardship or job loss
- ✓Your EAD is based on pending status (pending I-485, H-4, asylum, etc.)
✗ You May Not Qualify If:
- ✗Your EAD was already approved or received
- ✗You filed less than 30 days ago
- ✗You withdrew your application
- ✗Your underlying status petition was denied
- ✗You have not yet filed Form I-765
Or talk to Lex, our AI assistant, for an instant preliminary assessment
Why File A Lawsuit?
Legal Accountability
Hold USCIS accountable for violating statutory processing deadlines established by federal law
Work Authorization
Seek mandamus relief to compel USCIS to adjudicate your EAD application within a court-ordered timeframe
How the Process Works
Free Consultation
Schedule a call with Kevin to assess your eligibility, review your case details, and discuss your legal options. No charge for initial consultation.
Document Review
Provide your I-765 receipt notice, USCIS correspondence, and documentation of employment impact or financial hardship. We'll review your case for mandamus eligibility.
File Mandamus Action
If eligible, Kevin will file a mandamus lawsuit in federal court compelling USCIS to adjudicate your case. All legal filings and court proceedings are handled for you.
Court Orders USCIS to Act
The court typically orders USCIS to adjudicate your EAD within a specific timeframe (usually 30-60 days). Most cases are resolved within 2-4 months from filing.
Frequently Asked Questions
How much does it cost to file a lawsuit?
Initial consultation is free. Legal fees for mandamus actions are approximately $5,000. Kevin offers transparent pricing and payment plans for qualified clients. There are no hidden fees.
Will this affect my immigration status negatively?
No. Joining a mandamus lawsuit is a legal right protected by federal law. It does not negatively impact your immigration case, future applications, or status. Courts routinely grant mandamus relief without penalty to applicants.
How long does the mandamus process take?
Most mandamus cases are resolved within 2-4 months from the date of filing. Once the court orders USCIS to act, decisions typically come within 30-60 days. This is significantly faster than waiting indefinitely without legal action.
What if my EAD gets approved before the lawsuit concludes?
If USCIS approves your EAD after filing but before the court hearing, the case would be dismissed as moot (resolved). You would only pay for legal work completed up to that point. Many times, the act of filing accelerates USCIS action.
Do I need to appear in court?
Rarely. Most mandamus cases are resolved through written submissions and negotiations with USCIS attorneys. Kevin handles all court appearances and legal proceedings. You may need to provide a sworn declaration about your situation, but in-person testimony is uncommon.
What happens if I lose the lawsuit?
Mandamus cases have a high success rate when properly filed. The legal standard is whether USCIS has a clear duty to act (which they do after 30 days). If the court denies mandamus, you are not penalized, and your EAD application continues in the normal queue.
Don't Let USCIS Delays Derail Your Career
Schedule a free consultation to discuss your EAD delay and explore your legal options. No obligation, no pressure—just honest advice from an experienced immigration attorney.
Consultations are confidential and carry no obligation. Available 7 days/week.
Kevin J. Andrews - Business Immigration Attorney | 15+ Years Experience
Specializing in employment-based immigration, mandamus actions, and federal litigation. Hundreds of successful cases. Transparent pricing. Tech-forward practice.