On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which requires U.S. Citizenship and Immigration Services (USCIS) to adjudicate H-4, EAD and L-2 dependents’ petitions at the same time as the principal’s H-1B or L-1 petition when concurrently and properly filed. This means, effective January 25, 2023, H-4, and L-2 dependents who properly file Form I-539 and Form I-765, as applicable, with the principal’s Form I-129 will have their petitions adjudicated at the same time. This is great news for H4 and L2 dependents specially in the case of petitions filed concurrently with H-1B Premium Processing.
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