U.S. Citizenship and Immigration Services to Resume Adjudication of H-4, H-4 EAD, and L-2 Applications with Form I-129

In a major settlement agreement in Edakunni v. Mayorkas, U.S. Citizenship and Immigration Services (USCIS) agreed to resume processing H-4, H-4 EAD, and L-2 applications in conjunction with Form I-129, Petition for a Nonimmigrant Worker. These applications are filed to extend the status and/or work authorization of certain foreign workers’ dependents. Previously, these applications were approved in tandem with the primary worker’s Form I-129 petition. The institution of the biometrics requirement in 2019 and the COVID-19 pandemic created significant delays in the adjudication of dependents’ applicants. More than 100 plaintiffs sued the Department of Homeland Security and a settlement agreement was reached on January 20, 2023 to avoid further litigation. Effective January 25, 2023 and for the next two years, USCIS will concurrently adjudicate Form I-539 and Form I-765 concurrently with Form I-129 for H and L dependent family members. Please note that L-2 spouses will continue to receive L-2S on their I-94 records upon entry to the United States to permit work authorization and do not need to file Form I-765.