USCIS Will Resume Processing of H-4 and L-2 Dependent Applications simultaneously with Form I-129

By: Navdeep Meamber

Beginning on January 25, 2023, United States Citizenship and Immigration Services (USCIS) will resume processing H-4 and L-2 applications to change or extend status Form I-539 and employment authorization Form I-765, with the principal Form I-129, if these applications are filed together. It is important to note that adjudication of these forms will only be bundled if the forms are filed concurrently.

The decision comes after an agreement was reached in Edakunni v. Mayorkas, a case filed in the federal district court in Washington State. As per the settlement, if an individual simultaneously files Form I-129 and Form I-539 or I-765, the forms will be processed together. Per the agreement, the bundling will apply to cases filed under both regular and premium processing.

Previously, premium processing was only available to the Form I-129 application, and USCIS would occasionally apply premium process to dependent applications as a courtesy. However, the settlement will require USCIS to apply premium processing to the dependent application if it was filed concurrently with a premium processed Form I-129.

Although it may take some time to clear the current backlog of cases, the decision is expected to help decrease processing times. Under the Trump Administration, when USCIS began processing an individual’s form I-539 and I-765 separately from their I-129, there was a significant increase in processing delays.

Conclusion

USCIS will likely make an announcement regarding the settlement soon. They are also expected to officially expand premium processing to dependent applications by 2025.  The trusted Chugh, LLP immigration team will continue to monitor the situation and provide updates as they become available. For case-specific help, please contact your attorney.