Practice Alert: USCIS Rejects some Liberian EAD Applications in Error
USCIS mistakenly rejected approximately 155 Liberian DED employment authorization applications (Form I-765) filed prior to May 8, 2019. A computer coding error at the Chicago Lockbox caused the cases to be rejected during initial screening. As a result, USCIS issued rejection notices erroneously stating that the “country...is not currently eligible for DED.”
USCIS has informed CLINIC that the computer coding error has now been corrected and any Liberian DED employment authorization applications recently or soon to be submitted should not be rejected on this erroneous basis. On May 9, 2019, USCIS sent individual notices by mail to DED holders and legal representatives whose applications were rejected alerting them to the error and informing them that they may resubmit their applications.
Considering this service error, CLINIC recommends that:
- Any DED holder whose application was erroneously rejected should resubmit the application as soon as possible.
- It is strongly recommended that all applicants and representatives retain copies of materials that were submitted and erroneously rejected, even if those materials will be submitted again.
- If this error has caused additional delay in EAD processing, and an impending lapse of employment authorization would cause undue harm, applicants and representatives should consider requesting expedited processing on the basis of clear USCIS error and any other criteria that may apply.*
*Note that the USCIS expedite criteria very recently changed. Please review the revised criteria if you have not already.
CLINIC will continue to monitor this issue and communicate with USCIS about the error and its corrective actions. If we receive any further information on this topic, we will provide an update.