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Federal Lawsuit Saves Nigerian Client’s Job Opportunity After USCIS Delay
This case shows that when government delays put a person’s education, career, or future at risk, federal litigation can be an effective tool to obtain action.
We are proud to have helped our client receive the decision he deserved and preserve the future he worked so hard to build.
His Story
Our client came to the United States from Nigeria in 2021 on an F-1 student visa to pursue a Master’s degree in Mechanical Engineering.
After years of hard work, he graduated in May 2026 and received a job offer as a Quality Control Engineer.
To begin working, he needed approval of his Optional Practical Training (OPT) based Employment Authorization Document (EAD).
He filed his Form I-765 on time and completed all required steps, including biometrics. However, USCIS did not make a decision on his application.
As a Nigerian national, our client became caught in the government’s adjudication pause related to policies affecting nationals of certain countries.
Rather than receiving an individualized review of his application, he was left in immigration limbo because of his nationality.
As his June 22, 2026 job start date approached, he faced the very real possibility of losing the opportunity he had worked so hard to earn.
How We Helped
When he contacted our office, we determined that waiting any longer could cost him his job. We filed a lawsuit in federal court asking the judge to order USCIS to act on his pending application.
On May 20, 2026, we filed a lawsuit in the United States District Court for the Northern District of California.
In our lawsuit, we argued that the Immigration and Nationality Act does not authorize USCIS to indefinitely hold properly filed applications or replace individualized adjudications with nationality-based restrictions.
We further argued that USCIS’s failure to act on our client’s application constituted an unlawful and unreasonable delay under the Administrative Procedure Act (APA).
We also explained that if his application was not approved before his start date, he could lose his job offer and the career opportunity he had spent years preparing for.
To prevent that outcome, we filed a motion for a preliminary injunction asking the court to prohibit the government from applying the challenged policies to our client and to order USCIS to adjudicate his application before his employment start date.
The Outcome
The federal judge agreed that our client was facing immediate harm. On June 18, 2026, the court granted relief and ordered the government to adjudicate his case!
On the same day, immediately after the court’s order, USCIS approved his I-765 Application for Employment Authorization Document!
Although the 39-country pause has been lifted in other litigation, the judge in our case acknowledged that uncertainty remained regarding whether that ruling would be stayed or overturned on appeal. As a result, our client continued to face imminent harm absent court intervention.
As a result, our client continued to face imminent harm absent court intervention. Because of our lawsuit and the quick action that followed, our client was able to keep his job offer and begin the next chapter of his professional career.
Contact McBean Law for Immigration Relief
McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. With a focus on personalized support and a proven track record of success, our experienced team of immigration attorneys is here to help you achieve your dreams of a brighter future in the United States.
Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
