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H-4/H-4 EAD

Reddy & Neumann and Litigation Partners Bring About Biometric Policy Change through Class Action Lawsuit

Reddy Neumann Brown PC has been one of the leaders in the fight against H-4 and L-2 EAD delays since the inception of the Biometrics Policy in March 2019.

In March of this year, Reddy & Neumann Senior Associate Steven Brown together with Jonathan Wasden from Wasden Banias and Jesse Bless from the American Immigration Lawyers Association filed a class action case in Seattle on behalf of all H-4 and L-2 EAD applicants. The case is Edakuni v. Mayorkas, 2:21-cv-00393. This case sought to end the adjudications delays for H-4 and L-2 EAD applications as well as seeking an end to USCIS’ I-539 biometrics policy which has caused these delays. This class action seeks to cover all H-4 and L-2 EAD applicants.

As part of the government’s opposition to the preliminary injunction filed in this case, the government submitted a declaration from the Associate Director of the USCIS Service Center Operations Directorate identifying three major points:

1) The Agency will be announcing a new policy to suspend the biometrics requirement for H-4, L-2, and E nonimmigrants for 24 months starting on May 17, 2021. This policy is intended to apply for all H-4, L-2, and E-1, E-2, and E-3 categories using the form I-539 that are pending as of May 17 who do not have a biometrics appointment as of that date as well as new applications received after May 1. 

2) That there are currently approximately 123,000 backlogged Form I-539s for H-4 and L-2 spouses.

3) There are currently approximately 57,500 backlogged Form I-765s for H-4 and L-2 spouses.

            For anyone that currently has a biometrics appointment or receives a biometrics appointment, you must still attend this appointment. 

This is not the end of fight in the class action. While the Agency has conceded a major litigation point by suspending the biometrics policy, we will continue to fight in the case to clear out the backlog as well as to push the Agency to create reasonable processing times for H-4 and L-2 EAD applications.

Edakuni v. Mayorkas in the news: