Lawsuit Challenges H-4 and L-2 Work Permit Processing Delays

The American Immigration Lawyers Association (AILA) has filed a class action lawsuit, Edakunni, et al. v. Mayorkas, against the Department of Homeland Security (DHS) challenging extreme delays that began during the Trump Administration on processing applications filed by spouses of H-1 and L-1 visa holders for extensions of their spousal H-4 and L-2 visas and work authorization.

Over 91,000 H-4 and L-2 spouses have waited a year or more for their applications to be processed.  Because employers can’t legally employ them once their work permits expire, many have lost their jobs despite applying to extend their status and work permits months before their prior documents’ expiration dates.

These delays have harmed not only the H-2 and L-1 spouses and their families, but also their employers who lose valued employees.

This article describes the problem and the lawsuit.