Law Office Of Michelle Wu LLC

H-4/L-2 EADs can now be processed by USCIS together with principal’s H-1B/L-1 petitions when they are bundled together

Pursuant to a settlement agreement reached in Edakunni, et al. v. Mayorkas, No. 21-cv-393-TL (W.D. Wash.) on January 19, 2023, USCIS agreed to adjudicate Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization (EAD), for H-4 and L-2 derivatives if their H-4, L-2 and EAD petitions (where applicable) are properly filed together with the principals’ H-1B or L-1 petitions, regardless of whether the principal’s H-1B or L-1 petitions are filed under regular or premium processing.

This settlement agreement is temporary and currently valid for a two year period starting from January 19, 2023.   

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