USCIS Settlement Agreement Provides Some Relief to H-4 and L-2 Spouse EAD Renewal Applications

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) settled the class action lawsuit Shergill v. Mayorkas. The settlement agreement will update USCIS policy related to certain H-4 and L-2 spousal Employment Authorization Document (EAD) applications. Notably, the settlement agreement provides for an automatic extension of employment authorization for H-4 spouses who have timely filed for a renewal of the EAD work card via Form I-765, Application for Employment Authorization, if given criteria are met.

Federal Judge Blocks USCIS Immigration Fee Increases

On September 29, 2020, Judge Jeffrey S. White of the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction enjoining the U.S. Department of Homeland Security’s (DHS) proposed fee increases for U.S. Citizenship and Immigration Services’ (USCIS) immigration and citizenship applications. The final rule adjusting the fees was set to take effect on October 2, 2020, with some case types set to see substantial fee increases.

USCIS Provides Updates Regarding Premium Processing for FY 2020 Cap Cases

Premium processing has historically been available for all H-1B applications filed with U.S. Citizenship and Immigration Services (USCIS). However, from time to time, USCIS has suspended premium processing. On March 19, 2019, USCIS announced that it would use a staggered approach to premium processing for the fiscal year (FY) 2020 H-1B cap filing season, with two distinct phases for those cases filed in the lottery conducted in April 2019.