USCIS TO RESUME PROCESSING OF H-4 AND L-2 DEPENDENT APPLICATIONS WITH A PRINCIPAL’S FORM I-129

As of January 25, 2023, The U.S. Citizenship and Immigration Services (USCIS) has reverted to its original practice of bundling the adjudication of  Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization for H-4 and L-2 Derivatives when accompanied by the Principal Beneficiary’s properly filed Form I-129, Petition for a Nonimmigrant Worker.

As a result, a dependent’s filing will be processed within the same timeframe as the Principal Beneficiary’s properly and concurrently filed Form I-129, regardless of whether the forms are filed under standard or premium processing. The policy will remain in place for at least two years. 

The welcomed change in policy is due to the settlement agreement reached by the USCIS and spouses of H-1B and L-1 Visa Holders in the Lawsuit, Edakunni v. Mayorkas. Prior to this change, spouses of H-1B and L-1 Visa holders experienced lengthy processing times in the adjudication of Form I-539, Application to Extend/Change Nonimmigrant Status and Form I-765, Application for Employment Authorization due to the “decoupling” of these forms from the Principal’s H-1B or L-1 application. These lengthy processing times often led to delays in obtaining proper status and employment authorization documents. 

The USCIS is expected to make an announcement addressing the settlement agreement soon. Our office will be monitoring any further developments and provide updates.