As of January 25,2023, The U.S. Citizenship and Immigration Services (USCIS) has reverted to itsoriginal practice of bundling the adjudication of Form I-539, Application to Extend/ChangeNonimmigrant Status, and Form I-765, Application for Employment Authorizationfor H-4 and L-2 Derivatives when accompanied by the Principal Beneficiary’sproperly filed Form I-129, Petition for a Nonimmigrant Worker.
As a result, adependent’s filing will be processed within the same timeframe as the PrincipalBeneficiary’s properly and concurrently filed Form I-129, regardless of whetherthe forms are filed under standard or premium processing. The policy will remainin place for at least two years.
The welcomed changein policy is due to the settlement agreement reached by the USCIS and spousesof H-1B and L-1 Visa Holders in the Lawsuit, Edakunni v. Mayorkas. Priorto this change, spouses of H-1B and L-1 Visa holders experienced lengthyprocessing times in the adjudication of Form I-539, Application toExtend/Change Nonimmigrant Status and Form I-765, Application for EmploymentAuthorization due to the “decoupling” of these forms from the Principal’s H-1Bor L-1 application. These lengthy processing times often led to delays in obtainingproper status and employment authorization documents.
The USCIS isexpected to make an announcement addressing the settlement agreement soon. Ouroffice will be monitoring any further developments and provide updates.