USCIS Settles Lawsuit That Should Help H-1B And L-1 Visa Spouses

In 2019 during the Trump administration the USCIS implemented a biometrics requirement for H4 and L2 cases. The result was the separate processing of H4 and L2 extension/changes in status and EAD’s from the case of the principal H-1B or L1. This resulted in unnecessary delays and extended processing times. On January 20, 2023, a historic settlement with the Department of Homeland Security (DHS) in Edakunni v. Mayorkas provided a structural change for nonimmigrant H-4 and L-2 spouses suffering from long-delayed processing times, which often lead to delayed employment authorization. Simply put, the outcome of this settlement will have the USCIS processing the H-4 and H-4 EAD applications simultaneously with the principal H-1B petition when these applications are filed concurrently.

The H-1B, H4, and the H4 EAD should all be filed together to attain this settlement's benefit. If the H-1B is filed in premium processing or upgraded later to premium processing, then the H4 extension and the H4 EAD will also be processed as a "premium processed" case. This is great news for H4 visa holders.

USCIS will also process L-2 applications concurrently filed with the principal L-1 petition. Due to another lawsuit settled by DHS in November 2021, L-2 spouses now no longer need to file a separate EAD application, as L-2 spouses enjoy automatic work authorization incident to their status.