On March 23, 2021, a class action lawsuit was filed against the Department of Homeland Security (DHS) challenging the extraordinary processing delays on extensions of status and extensions of employment authorization documents (EAD) for H-4 and L-2 nonimmigrant spouses. Jennifer Minear, President of the American Immigration Lawyers Association (AILA) stated, “The delays that H-4 and L-2 nonimmigrants are facing needlessly place families in financial limbo. DHS has the legal tools and authority to grant work authorization to impacted individuals whose financial security is hanging in the balance, and it should immediately begin to use those tools to provide solutions. DHS can and must revoke the unnecessary biometrics requirements for H-4 and L-2 nonimmigrants, provide automatic work authorization while DHS processes EAD renewal requests, and allow EAD applicants to file their renewal applications sooner than 180 days prior to EAD expiration to prevent gaps in work authorization.” A successful outcome of this case would benefit numerous H-1B and L visa families in the U.S.
