USCIS update

The United States Citizenship and Immigration Services (USCIS) made a pivotal policy shift on January 19, 2023, agreeing to a settlement in the case of Edakunni et al. v. Mayorkas. This settlement marks a return to the previous practice of concurrent adjudication of critical immigration forms.

The Reinstatement of Concurrent Processing

USCIS has agreed to resume bundling and processing Form I-129 Petitions for Alien Workers, Form I-539 Applications to Extend/Change Status, and Form I-765 Applications for Work Authorization for dependents when filed together. This reinstated approach is set to streamline the adjudication process significantly.

Impact on H-4 and L-2 Status Dependents

This change is particularly beneficial for dependents in H-4 and L-2 status. By ensuring that their applications are adjudicated concurrently with the primary Form I-129 petitions, the settlement promises a more efficient process. This streamlined approach is expected to:

  • Reduce processing times for derivative applications.
  • Promote family unity by minimizing separation periods.
  • Enhance overall efficiency in the handling of these related forms.

Applicability with and without Premium Processing

The revived policy of bundling these petitions and applications will be implemented irrespective of whether premium processing is utilized through USCIS Form I-907. This ensures that all dependents, regardless of the primary petitioner’s processing speed choice, benefit from this policy change.

The Edakunni v. Mayorkas settlement is a significant development in immigration policy, offering a more integrated and efficient approach to processing dependent applications. Applicants, especially those in H-4 and L-2 status, can anticipate a more streamlined process, reducing wait times and aiding in maintaining family cohesion.

Read the full Decision Here 

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