It is DHS inaction that is causing many of these H1B families to leave due to the job losses, losing talent.The delays have literally killed current and future work authorizations of H4 and L2 visa holder, who have EAD option and are highly educated.Over 91,000 people have lost jobs due to the delays in the H4 and L2 processing time.Below is the summary of the lawsuit as per what we could get from AILA and other sources: The lawsuit related documents are restricted and not available for public access. Summary of the H4, L2 Processing Delays Lawsuit – Key points They are yet to give a regulation for the same and in pending status. Also, despite Congress passing H4, L2 EAD Premium Processing Option bill in September 2020, USCIS has not done anything yet. Many could not even use the H4 EAD Expedite Request option as it does not work, if Biometrics are pending. “ Protecting the National from Foreign Terrorist Entry into the United States”.ĭue to COVID, the Biometrics processing has been delayed by a big margin and in December 2020, USCIS said that they had over 1.3 million pending Biometrics appointments to be issued as of mid-Dec 2020. One of the fundamental reasons for delays of H4 processing is the Biometrics Process that was introduced by Trump Administration in 2019 as part of Executive Order 13780. Now, the reality is that many H4 and L2 visa holders have lost jobs as they cannot get H4 EAD without H4 approval. Note: If you have questions regarding a pending application for an EAD or employment authorization, please see our website for information on when and how to contact us.USCIS I539 H4 L2 Historical Processing times Please note, dependents of certain foreign governments, international organizations, and NATO personnel are not required to pay a fee for a replacement EAD. In either case, if we receive your application or request for a replacement EAD and you no longer have any basis for applying for an EAD or employment authorization, we will not return the card and will notify you that you do not have a current basis for applying for an EAD or employment authorization. Submit this information to the service center or National Benefit Center that approved your latest Form I-765.
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