U.S. Citizenship and Immigration Services Settles Lawsuit Regarding Adjudication of I-539 and I-765 Applications for H-4 and L-2 Dependents That Are Filed Concurrently With I-129 Extensions for Principal Applicant

Category: Client Alerts
Date: Jan. 30, 2023
Title: U.S. Citizenship and Immigration Services Settles Lawsuit Regarding Adjudication of I-539 and I-765 Applications for H-4 and L-2 Dependents That Are Filed Concurrently With I-129 Extensions for Principal Applicant

On Jan. 20, U.S. Citizenship and Immigration Services (USCIS) agreed to settle a class action lawsuit challenging H-4 and L-2 adjudication delays. According to this settlement, USCIS will now adjudicate I-539s and I-765s filed by H-4 and L-2 spouses and children at the same time as they adjudicate the I-129 filed for the principal, whenever these cases are filed together. In this context, the I-539 is the dependent’s application to extend or change to H-4 or L-2 status, the I-765 is the application for a spousal H-4 or L-2 EAD, and the I-129 is the petition to extend or change to H-1B or L-1 for the principal.

USCIS Issues Policy Alert Regarding Green Card Validity for Conditional Permanent Residents With a Pending Form I-751 or Form I-829

On Jan. 23, USCIS issued a Policy Alert automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 48 months for Conditional Permanent Residents who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829, and will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending.

The updated receipt notices can be presented with an expired Green Card as evidence of continued status while the case remains pending with USCIS, and by presenting the updated receipt notice with an expired Green Card, an individual remains authorized to work and travel for 48 months from the expiration date on the front of their expired Green Card.

While this is a welcome change (as individuals will not have to apply for a temporary Green Card stamp to travel during the four years following the Green Card’s expiration), it is not all good news. Unfortunately, given the additional time provided by the receipt, USCIS will likely feel that they can take longer to adjudicate these petitions.