In the area of mandamus lawsuits, we have noted a particularly high success rate in accelerating the adjudication of delayed EAD/AP work and travel documents. Generally, these cases result in the swift approval and receipt of the required documents shortly after the initiation of a lawsuit. This success can be attributed to two primary factors.
First, USCIS typically processes these applications in a relatively brief period. Per their statements, the adjudication time for an employment authorization (Form I-765) is about 12 minutes, while an extension of nonimmigrant status (Form I-131) takes approximately 15 minutes to process, as noted in the reference 84 FR 62292. Thus, the combined time required to process both forms is less than 27 minutes, significantly shorter than what would be required to dispute the case legally.
Second, these cases often present facts that favor the plaintiffs. The prolonged processing delays are not minor inconveniences — they lead to significant repercussions such as job losses, escalating debts, or missed opportunities to reunite with family members abroad. Additionally, employers face setbacks when crucial personnel lose their work authorization. Consequently, few AUSAs choose to argue against such strong and often sympathetic cases, embracing the adage among legal circles that “bad facts make bad law.” This is especially true given how little work it takes USCIS to adjudicate these cases and avoid the litigation.
Consider this as you evaluate the substantial impact of a successful EAD case. An experienced attorney generally charges a moderate mid four-figure sum for handling a Mandamus lawsuit, with additional expenses usually under $500. Though outcomes cannot be guaranteed, a significant proportion of these cases succeed, culminating in the swift approval and issuance of an EAD, sometimes reducing the waiting period by several months. This accelerated process can be a financial boon, preserving job opportunities and potential offers that could otherwise be lost. Simple calculations reveal the financial benefits of these cases, especially if the monthly earnings surpass the case’s costs.
Nonetheless, it is essential to recognize the long-term implications of these cases. Missing out on a lucrative job offer or losing a significant position can alter one’s career path considerably. The ripple effects of these opportunities, either seized or lost, can compound over years, influencing one’s career trajectory for decades. Unfortunately, having to resort to legal action to prompt the government to fulfill its duties is an unfortunate necessity. Despite the significant time and resources you may have invested in your career, these hurdles shouldn’t derail your progress. Mandamus lawsuits can be a powerful tool to safeguard your career from substantial disruptions, offering an excellent return on investment and securing your future prospects.