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EAD Delays (Kang v. DHS) Round 2 – Plaintiff Onboarding

EAD Delays (Kang v. DHS) Round 2 – Plaintiff Onboarding 

Thank you for your interest in our new lawsuit challenging USCIS’ delay in adjudicating EADs (I-765 work permit applications). On November 8, 2021, we filed a case called Kang v. Department of Homeland Security that asked a federal judge to order USCIS to process your EAD applications immediately, and to change their policies and procedures to avoid long delays in the future. The case was filed as a class action along with about 150 named plaintiffs.

The case was a success for the named plaintiffs all of whom had their cases adjudicated within about three months of filing the suit. We did not succeed with the class claim which means it is necessary to file a new suit to seek relief for people with delayed EAD applications. We also did not get to the issue of whether USCIS could be ordered to accept filing receipts as evidence of employment authorization since the case was dismissed after all of our plaintiffs received their EADs.

The deadline for new plaintiffs to join the case is October 31, 2022 at 12:00pm Central time.

If you would like to join the lawsuit, please do all of the following:

Step 1:  Review the FAQ to confirm that you qualify to participate and that you understand what the case is about and how the plaintiff fee works.

Step 2: Complete our engagement letter app. This will create an engagement letter (contract) for you to review and sign, and will automatically send a copy to our team and to you.

Step 3: Pay your fee here. The legal fee is $1000 per plaintiff. If you would also like to include a spouse or child(ren) with related EAD applications, there will be no additional charge. If you have questions about payment please contact

Step 4:Use our declaration generator app to tell us about how the EAD delay is affecting you.  This helps us explain the real-world consequences of USCIS’ failure to the judge. Please complete only one declaration per family.

Once you have completed all the above steps, you have signed up!

You’ll receive an automatic email confirmation when we’ve received your engagement letter and declaration.  This, and your payment confirmation email, means that you are in our database and will be included in our lawsuit.  If any information or documents are missing, we will contact you before filing the case. Otherwise, we’ll be in touch with all plaintiffs when we have filed the lawsuit with the court.

In the meantime, please do not contact our team asking for further confirmation that we have received your materials; this slows us down when we’re doing our best to prepare our filing quickly.

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Learn about cases we’re currently working on and
how you can participate as a named plaintiff.