New Legal Settlement Provides Relief to H-4 and L-2 Dependents

The Department of Homeland Security (DHS) reached a settlement agreement last week in which USCIS has agreed to adjudicate H-4 and L-2 extension and EAD applications on Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, when these forms are filed with the Form I-129, Petition for Nonimmigrant Worker in H-1B and L-1 status. The new policy is effective for two years starting on January 25, 2023. DHS has indicated they will abide by this policy even when the Form I-129 is filed with premium processing.

To be considered properly filed together, Form I-539 and Form I-765 must be packaged together and filed in the same location with the Form I-129.  This settlement agreement effectively resumes the agency’s previous policy of adjudicating the applications of accompanying dependents with the primary H-1B or L-1 worker.  In March 2019, USCIS decided to separate H-1B and H4/L-1 and L-2 applications to collect biometrics of accompanying dependents, leading to long delays for L-2 and H-4 spouses and children seeking to extend their status and/or obtain or extend work authorization. 

The settlement agreement (Edakunni v. Mayorkas) provides welcome relief to the H-4 and L-2 dependents who suffered as a result of the lengthy processing delays caused by the March 2019 policy change.  

We will be monitoring the agency’s compliance with the settlement agreement and provide updates as necessary. 

This alert is for informational purposes only.  Please contact us if you would like to discuss this development further.