ALERT: USCIS Agrees to Adjudicate H-4, H-4 EAD, And L-2 Together With I-129

Breaking News — Per a settlement reached today for Edakunni v. Mayorkas, USCIS will return to the previous process of adjudicating I-539s and I-765s for H-4 and L-2 dependents with the underlying I-129 when filed together.

The settlement agreement has been reached with the Department of Homeland Security (DHS), resulting in structural changes for nonimmigrant H-4 and L-2 spouses who currently face significant processing times and delayed employment authorization. The plaintiffs pointed to delays caused by the implementation of a biometrics requirement in 2019 and USCIS suspending their processing of I-539s and I-765s with I-129s.

Why it Matters: Concurrent processing is more efficient for USCIS adjudicators, and through this adjudication process, dependent spouses are less likely to face job loss caused by backlogs and delays.

This adjudication processing change will be effective as of January 25, 2023. If the forms are not filed together, USCIS will not adjudicate them together.

Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting or case-specific questions, please contact your employer or EIG attorney.