No Work Permit, No Paycheck. Force USCIS to Decide.
A delayed I-765 can cost you your job, your driver's license, and your income. When USCIS unreasonably sits on an EAD, a federal lawsuit can compel a decision fast.
When an EAD Delay Threatens Your Job
Few USCIS delays hit as hard as a delayed work permit. When your EAD does not arrive, you can be forced off payroll, lose your driver's license, and watch your household income stop — even though you did everything right and filed on time.
USCIS must adjudicate your I-765 within a reasonable time. When it does not, the courts can step in.
The Legal Basis
EAD adjudication is governed by the general duty to act within a reasonable time under the APA (5 U.S.C. § 555(b), 706(1)) and can be enforced through a mandamus action (28 U.S.C. § 1361). A court can order USCIS to decide an I-765 it has unreasonably delayed.
Because EAD delays cause immediate, concrete harm — lost employment and income — that harm is powerful evidence when a court weighs whether the delay is unreasonable.
How the Process Works
Delay Analysis
We review your receipts, processing times, and history to confirm the delay is unreasonable and that a federal court has jurisdiction.
File the Complaint
We file a complaint in the proper U.S. District Court naming the responsible officials and demanding a decision on your case.
Government Is Served
The government has roughly 60 days to respond. Very often the agency simply adjudicates the case rather than defend the delay.
Resolution
Your application is decided — frequently within weeks to a few months of filing. You finally get the decision you were owed.
Frequently Asked Questions
Processing times vary by category and change often; USCIS posts current estimates online. When your I-765 is pending well beyond that estimate with no action, the delay may be legally unreasonable and actionable.
Yes. Mandamus cases often resolve within weeks of filing because USCIS frequently adjudicates once served. The real, immediate harm of lost employment also strengthens your case.
No. Enforcing your right to a timely decision does not prejudice your work permit or the application it is based on.
Stalled renewals where an automatic extension is expiring are strong mandamus candidates because the harm is imminent and concrete.