My Work Permit is Delayed—What Can I Do to Get a Decision?

As explained by USCIS, an Employment Authorization Document (EAD) is a document that provides a non-citizen with temporary authorization to work in the United States. You will frequently hear an EAD referred to as more simply as a ‘work permit’. The delay of a work permit can cause serious financial hardship for you and your family. It could even cost you a job or a job opportunity.

If you have already sent in your Form I-765, Application for Employment Authorization and you are still waiting to hear back from the agency, it can be deeply frustrating. The good news is that you have options available. Here, our immigration attorney explains how you can use a mandamus lawsuit to get a decision on your application.

Take Action to Get a Decision from the Government (Mandamus Lawsuit)

USCIS is the agency that is responsible for issuing work permits. Similar to other federal agencies, the USCIS has a duty to provide applicants decisions in a reasonable amount of time. Under the Administrative Procedure Act (APA), all immigration applications should be evaluated without unjustified delay. Unfortunately, for a number of different reasons, that does not always happen. It is not uncommon for work permit applications to get held up for many months, or even longer.

A mandamus lawsuit (writ of mandamus) is a tool that you can use to get a decision on your work permit application. Indeed, mandamus actions are the best available solution to overcome the unreasonable delay of employment authorization documents. By filing a mandamus lawsuit, you are essentially compelling the agency to make a decision on your case. If your work permit is delayed with the USCIS and you want a decision, our immigration lawyer can help.

You Will Not Be Penalized for Seeking Action on Your Work Authorization

Some people are understandably worried that they will be viewed as “pushy” or even penalized if they file a mandamus action. Please know that this is an unfounded concern. The system does not work that way. Under federal law, you have a right to get a timely response on your work permit application—and other immigration applications—from the government.

When agencies fail to issue a decision, a mandamus lawsuit provides a solution. Of course, a mandamus lawsuit does not guarantee any particular outcome on your application. It is simply a tool to get a decision. You can get your Form I-765 work permit application moved to the top of the pile.

Call Our Work Permit Immigration Lawyer for Immediate Help

At Goldstein Immigration Lawyers, our California immigration attorney possesses the skills, experience, and expertise to help you get a decision on your work permit application. We know how to help people overcome unreasonable immigration delays. If you have any questions about resolving a work permit delay, we are here to help. Call us today for a completely confidential evaluation of your case. Our immigration law firm represents clients in Los Angeles County and throughout all of Southern California.

What Our Clients Have to Say:

“I reached out to Josh for help when my dependent visa -based work permit extension got stuck in bureaucratic delays. Josh and his team acted promptly in filing a mandamus lawsuit and I got my work-permit adjudication moving in the timeframe they estimated! I am grateful to Josh and team for their hard work and commitment during what was a difficult time for me, and for answering any questions I had during the process. I would highly recommend Goldstein immigration for resolution of visa processing and adjudication delays- they have experience with tackling cases like mine and are super-efficient.”

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