Good News for H-4 Dependents
Time to share a little positive news for H-4 dependents. U.S. Citizenship and Immigration Services (USCIS) has returned to adjudicating dependent applications (Form I-539, Application to Extend/Change Nonimmigrant Status and Form I-765, Application for Employment Authorization) that are filed concurrently with the Form I-129, Petition for Nonimmigrant Worker. What does this mean for our current H-1B beneficiaries? This means that if our institution files your petition and your dependent’s application is included, once USCIS adjudicates the principal application, USCIS will immediately get to their applications. No more long wait queues. Now, if the application is not included with the I-129 and is filed by itself, then the dependent’s application is subject to the published USCIS processing times for that application. This change took effect on January 25, 2023.
Resources:
- Brown Immigration Law PC, LLP: USCIS Agrees to Return to Bundling Adjudications of Form I-539 with Form I-765 for H-4 and L-2 Derivatives with the Underlying Form I-129 When Concurrently Filed
- Foster, LLP: USCIS Resumes Concurrent Adjudication of H-4 and L-2 Dependent Spouse Applications with Primary H-1B and L-1 Applicants
- Klasko Immigration Law Partners, LLP: New Settlement Agreement Favorably Impacts H-4 and L-2 Dependent Spouses
- Miller Mayer, LLP: New Settlement Agreement Helps H-4 and L-2 Dependent Spouses