Cases

in 2019 the Trump administration unsuccessfully attempted to use the legal process to remove the regulation allowing H-4 EADs. They then created a biometric requirement of all Form I-539 applicants. Processing times of H-4 and L-2 extensions and EADs went from days to over a year. Wasden Law filed a prelimary injunction motion challenging the legality of the biometric requirement and the lengthy delays in adjudication. Almost immediately USCIS withdrew the biometric requirement. Litigation continued on the delay claim (“mandamus”). USCIS ultimately settled the case, agreeing to concurrently process the primary visa petition with the H-4/L-2 extension and EAD. This was a full return to the process in existence prior to 2019.