USCIS Update: Settlement Agreement - USCIS to Resume Processing H-4 and L-2 Dependent Applications with a Principal’s Form I-129
USCIS recently made an important announcement regarding the processing of H-4 and L-2 dependent applications.
The United States Citizenship and Immigration Services (USCIS) recently made an important announcement regarding the processing of H-4 and L-2 dependent applications.
Effective January 25, 2023, the agency has agreed to resume processing of H-4 and L-2 applications, submitted on Form I-539 and Form I-765, in response to a settlement agreement in the pending Edakunni v. Mayorkas case in Washington State.
According to the settlement, effective January 25, 2023, USCIS agrees to adjudicate concurrently filed Form I-129 and the accompanying Form I-539 and I-765 petitions, regardless of whether the application was filed with regular or premium processing. The terms of the Edakunni settlement agreement are valid for two years.
Before March 2019, USCIS adjudicated Form I-539 for H-4 and L-2 dependents and Form I-765 at the same time as the principal’s petition when concurrently filed. Based on internal policy changes since that time, USCIS decoupled the I-129 and I-539 adjudications, causing processing delays for spouses and children of foreign nationals employed in the United States. Returning to previous policies by way of the settlement, processing times for H-4, L-2, and EAD applications will be reduced to as little as fifteen days, with premium processing.
The USCIS’s decision to resume processing of H-4 and L-2 dependent applications is good news for the families of foreign nationals employed in the US. This change in policy is expected to bring much-needed relief to those who have been waiting for a long time to have their applications processed. The two-year validity of the Edakunni settlement agreement ensures that the benefits of this change will be felt for a considerable time, and we hope that this change will lead to further improvements in USCIS processing times in the future.
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