After Class Action Settlement, USCIS to Process L-1 and H-1B Dependent Extension and Work Permit Applications Together
This article reports on the settlement in Edakunni v. Mayorkas: starting January 25, 2023, if H-4 and L-2 dependents file correctly and concurrently with the principal applicant, USCIS will process the principal and dependent applications together, whether under regular or premium processing; applications not correctly filed are excluded.
Before 2019, applications for L-2 and H-4 extensions and EADs were typically approved together with the principal L-1/H-1B applicant's application. During the Trump administration, USCIS deliberately obstructed the issuance of work permits to these dependents by processing their applications separately from the principal applicant, resulting in dependents being unable to obtain lawful status and work authorization for a long time after the principal was approved. In March 2021, dozens of L-2/H-4 dependents who had long been denied work permits filed a class action lawsuit against the Department of Homeland Security (Edakunni v. Mayorkas).
On January 19, 2023, the Department of Homeland Security reached a settlement with the plaintiffs, agreeing that starting January 25, 2023, as long as H-4/L-2 applications are filed concurrently and correctly with the principal applicant's application, whether regular or premium processing, USCIS will process the principal and dependent applications together (except where applications are not correctly filed).
