By Attorney Oyesanmi Alonge
For many immigrants, a work permit (Form I-765) is much more than a plastic card. It represents stability—the ability to earn a living, provide for family, obtain a driver’s license, pass employment verification, and move forward with dignity. When a work permit is delayed, everything can stall at once. Job offers disappear, bills accumulate, and applicants feel trapped in uncertainty.
Today, work-permit delays are increasingly common across asylum, VAWA, adjustment of status, TPS, and other categories. While these delays are frustrating, there are clear and strategic steps you can take to understand the issue, address the cause, and move your case forward.
This guide explains why delays happen and what you can do to respond effectively.
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Why Is My Work Permit Taking So Long?
Processing times for I-765 applications vary depending on your eligibility category. Some of the most common causes of delay include:
A. Increased Filing Volume
The number of work-permit applications continues to rise—especially in humanitarian and employment-based categories. Higher demand does not always translate into faster processing inside USCIS.
B. Security and Background Checks
Some applicants undergo additional security vetting. When multiple agencies must coordinate, background checks can take longer than posted timelines.
C. Staffing and Backlog Issues
USCIS has acknowledged ongoing staffing shortages and expanding backlogs. Even when new staff is added, adjudicators require months of training before they can handle cases independently.
D. Errors or Missing Information
A missing signature, incomplete evidence, or incorrect category can delay processing—sometimes without immediate notification.
E. Service Center Transfers
Files may be transferred between USCIS service centers or field offices, adding extra processing time.
F. Category-Specific Backlogs
Processing varies significantly across categories such as (c)(8) asylum-based EADs, (c)(9) adjustment EADs, and (c)(31) VAWA EADs.
Understanding the likely cause helps determine your next move.
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Step One: Check USCIS Posted Processing Times
Start by reviewing the official USCIS Processing Time Tool. Select:
- Form I-765
- Your eligibility category
- The service center listed on your receipt notice
The tool will show:
- what USCIS considers “normal,”
- whether your case is outside that window, and
- when you can submit an official inquiry.
If your case is still within posted timeframes, USCIS may not act on a request.
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Step Two: Track Your Case Online
Use your receipt number to monitor updates via:
- USCIS Case Status Online
- your USCIS online account (if applicable)
Statuses to watch for include:
- “Case Was Received”
- “Request for Evidence Was Sent”
- “Biometrics Appointment Was Scheduled”
- “Case Was Transferred”
- “Case Is Taking Longer Than Expected”
An RFE must be answered promptly and completely, as it pauses case processing until resolved.
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Step Three: Confirm That USCIS Has Everything It Needs
Delays sometimes happen because USCIS is waiting on something you are unaware of.
Verify that:
- all biometrics appointments were attended,
- your address is updated with USCIS,
- all RFEs or notices were answered correctly,
- the correct category was selected, and
- your filing fee (if required) was accepted.
If something was missed, resolve it immediately.
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Step Four: Submit a Service Request
If your case is outside normal processing times, you may submit:
A. “Outside Normal Processing Time” Inquiry
Through your USCIS online account or via the service request portal.
B. An E-Request
Available for certain categories and case types.
C. A Phone Inquiry to USCIS Customer Service
You may reach an agent who can escalate the request internally.
Keep screenshots and confirmation numbers for your records.
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Step Five: Request Congressional Assistance
Your U.S. Senator or Representative can contact USCIS on your behalf. Congressional offices cannot force the government to approve your case, but they can:
- identify hidden issues,
- obtain explanations,
- request clarification, and
- prompt movement when a case is dormant.
You will typically need to provide:
- your receipt notice,
- a signed privacy release, and
- your contact information.
This is often one of the most effective interventions for delayed work permits.
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Step Six: Contact the USCIS Ombudsman
The USCIS Ombudsman is an independent office within DHS that assists when:
- a case is significantly delayed,
- USCIS is unresponsive, or
- there is a procedural error.
The Ombudsman cannot order USCIS to approve an application but can help correct mistakes and encourage review.
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Step Seven: Consider Mandamus Litigation
When a work permit remains delayed far beyond posted timeframes and all other steps have failed, a mandamus or Administrative Procedure Act (APA) lawsuit may be appropriate.
A mandamus action:
- does not ask the judge to approve your EAD,
- asks the court to order USCIS to act,
- is used when a delay is unreasonable and unexplained,
- forces the government to make a decision within a reasonable period.
Mandamus may be appropriate when:
- your renewal delay threatens your job or income,
- your first EAD has been pending unusually long,
- your delay affects your ability to support your family,
- USCIS has provided no meaningful update.
When used correctly, litigation can be a powerful tool to resolve prolonged delays.
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Step Eight: Consult an Immigration Attorney
An attorney can:
- identify the cause of your delay,
- correct errors or inconsistencies,
- escalate your case strategically,
- prepare targeted inquiries,
- explain the risks and benefits of litigation, and
- ensure your actions do not unintentionally harm your immigration status.
Professional review is especially helpful for asylum, VAWA, or adjustment-based EADs, where timelines are complex.
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What Not to Do
Avoid actions that can prolong or jeopardize your case:
- Do not file duplicate applications—it creates confusion and may slow your case.
- Do not rely on unofficial or unverified legal advice.
- Do not miss biometrics or RFE deadlines.
- Do not change your address without notifying USCIS.
Stay organized, consistent, and responsive.
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Final Thoughts
A delayed work permit can create real hardship—but you are not without options. By taking strategic steps, monitoring your case carefully, seeking oversight when necessary, and considering legal remedies when appropriate, you can move your case forward and regain stability.
If your work permit has been delayed far beyond posted processing times, Alonge Law Firm, P.C. can help evaluate your case, identify the underlying issues, and take effective action—including mandamus litigation when justified.
Your ability to work and support your future should not be held hostage by delays. You deserve clarity, fairness, and timely processing.
